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36C25918Q0164

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

36C25918Q0164 01-25-2018 Jared Cariker 918-577-3616 02-16-2018

10:00AM

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Dr Muskogee OK 74401 X X 561492 $15 Million X N/A X

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Dr Muskogee OK 74401

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This court reporting requirement is to cover multipule locations in VISN 19. See PWS for more information.

See CONTINUATION Page X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4
B.3 FAR 13 PROCEDURES USAGE5
B.4 PERFORMANCE WORK STATEMENT6
B.5 6500.6 APPENDIX C VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE10
B.6 ESTIMATED QUANTITIES13
B.7 PRICE/COST SCHEDULE14
ITEM INFORMATION14
SECTION C - CONTRACT CLAUSES34
C.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)34
C.2 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)34
C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)34
C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)40
C.5 52.216-18 ORDERING (OCT 1995)46
C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)46
C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)46
C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)47
C.9 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)47
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)47
C.11 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)47
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)48
C.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)48
C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)49
C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)50
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS51
D.1 Oklahoma City VAMC Service Contract Labor Standards Wage Determination51
D.2 Muskogee VAMC Service Contract Labor Standards Wage Determination61
D.3 Montana VAMC Service Contract Labor Standards Wage Determination71
D.4 Cheyenne VAMC Service Contract Labor Standards Wage Determination81
D.5 Sheridan VAMC Service Contract Labor Standards Wage Determination91
D.6 Denver (2) Aurora, and Glendale Locations Service Contract Labor Standards Wage Determination101
D.7 Grand Junction VAMC Service Contract Labor Standards Wage Determination111
D.8 Salt Lake VAMC Service Contract Labor Standards Wage Determination121
D.9 Business Associate Agreement (BAA)131
D.10 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)136
COURT REPORTING VISN 19136
SECTION E - SOLICITATION PROVISIONS145
E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)145
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)146
E.3 Addendum to FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS149
E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)150
E.5 Addendum to FAR Clause 52.212-2 EVALUATION – COMMERCIAL ITEMS151
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)151
E.7 52.216-1 TYPE OF CONTRACT (APR 1984)165
E.8 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)165
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)165
E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)166
E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)166
E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)167
E.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)167

36C25918Q0164

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office (NCO) 19 1011 Honor Heights Dr Muskogee OK 74401

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

[]
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 of each court reporting instance.

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO
DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 FAR 13 PROCEDURES USAGE

Notification – This solicitation and resulting Indefinite Delivery Indefinite Quantity (IDIQ) contract will be conducted using FAR 13 Simplified Acquisition Procedures (SAP) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items, as these services are considered a commercial service.

B.4 PERFORMANCE WORK STATEMENT

Page 1 of A. REQUIREMENT: Court Reporting Services

B. DESCRIPTION: The scope of work for the court recording service is to obtain transcription for meetings that require legal documentation. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervisions, certifications, and all other technologies and technical services to provide court reporting services on request; and ability to accommodate the court reporting requirements for VA when requested and provide documentation within the timeframes outlined herein. The contractor shall perform to the standards in accordance with court reporting ethics, certifications, and standards.

C. PERFORMANCE: Court reporting requirements shall occur intermittently through each fiscal year; the requirement may be an urgency of need with only one day in advance notices. However, each facility point of contact shall strive to inform the Contractor at least fifteen (15) days in advance.

D. PLACE OF PERFORMANCE:

The selected vendor will perform work at:

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246

Cheyenne VA Medical Center 2360 East Pershing Blvd.

Cheyenne, WY 82001

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501

Montana VA Health Care System 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636

George E. Wahlen Department of Veterans Affairs Medical Center 500 Foothill Drive Salt Lake City, UT 84148

Sheridan VA Health Care System 1898 Fort Road Sheridan, WY 82801

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104

Eastern Oklahoma VA Health Care System 1011 Honor Heights Dr.

Muskogee, OK 74401

E. WORK REQUIREMENTS

1. The Contractor shall have sole responsibility to create verbatim transcripts of investigations, speeches, conversations, legal proceedings, meetings, and other events where the spoken words are necessary for correspondence, records, or legal proof.

2. The Contractor shall be certified to administer oaths of all participating parties when such service is required.

3. The Contractor’s Court Reporters performing work under this contract shall hold a current commission as a notary public to be authorized to administer oaths and collect evidence when such service is required.

4. The Contractor shall be responsible for accurate recording and transcription to ensure clarity and quality of spoken word. The Court Reporter is responsible for ensuring a complete, accurate, and secure legal record.

5. The Court Reporter will also use an audio electronic reporting device or recorder. Any other type of recording devices will require approval by the VA prior to substitution.

6. The Contractor shall ensure a secured storage and retrieval system is in place for all stenographic notes, voice files, or audio recordings in paper or digital format. The Contractor shall ensure the transcription documentation is destroyed immediately following completion of the contractual agreement with receipt and processing of payment for the contractual services.

7. The Contractor shall provide the facility Point of Contact (POC) with all the required deliverables and shall ensure no additional copies are composed or distributed. The facility’s POC will be provided at the time of award of contract.

**NOTE** If the written transcript is mailed by secured confidential U.S. or other mail services; the identified POINT OF CONTACT will be notified by telephone at the time the transcript is released to be mailed with an estimated time of receipt.

8. The Contractor shall submit the invoice in accordance with itemized line items and will not be a single lump sum. If not itemized, the invoice will be considered an invalid invoice and will be rejected. An invoice shall only be submitted after all the work is completed and all deliverables have been submitted, received, and approved. Only one (1) invoice shall be submitted unless written approval by CO is provided. All invoices are to be paid 30 days in arrears, after an acceptable invoice is received via Electronic Invoice clause contained herein.

F. Product Deliverables and Service Descriptions:

1. Court reporting services that are needed for:

a. Administrative Investigation Boards

b. Equal Employment Opportunity

c. Merit Systems Protection Board

d. Depositions,

e. Privileging (Hearings)

f. Arbitration

g. Services will also be used for any other meetings that require legal documentation

2. The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervisions, certifications, and all other technologies and technical services to provide court reporting services when needed or prescribed by the designated facility POCs or Cognizant Contracting Officer. The contractor shall perform to the standards in accordance with court reporting ethics, certifications and standards.

G. TRANSCRIPTION FORMAT

1. 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 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.

2. The transcribed testimony product must be accurate, double-spaced, printed, and bound in a satisfactory manner, per accepted standards for court reporting, of each witnesses’ testimony. All hardcopy transcripts are to be securely fastened with metal prongs (not plastic binding). Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony.

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.

4. An “ERRATA” sheet shall be included to list any errors and their corrections to include the reason behind a correction when an error is severe enough to cause misunderstanding or is needed to ensure the accuracy of what was said. It is intended to alert the court reporter of possible errors in a deponent’s notes or in the transcription of notes. It is not intended to materially change sworn deposition testimony or to add responses that the deposing counsel’s questions did not elicit.

5. A Visible Black Character is defined strike-able and visible characters and includes any printed letter, number, symbol, and/or punctuation mark excluding any or all formatting (e.g., bold, underline, italics, table structure, formatting codes). All visible black characters can be seen with the naked eye as a mark, regardless of whether viewed electronically or on a printed page.

A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
a
b
C
D
e
f
G
H
I
j
k
l
m
n
o
p
q
r
s
t
u
v
w
X
y
z
~
!
@
#
$
%
^
&
*
(
)
_
+
{
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<
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1
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6. Visual Black Character (VBC) Line or ASCII no Spaces Line. A VBC Line is defined as the total number of characters you can see with the naked eye, divided by 65. It includes any character contained within a header or footer. Spaces, carriage returns, and hidden format instructions, such as bold, underline, text boxes, printer configurations, spell check, etc., which are not counted in the total character count. A VBC Line is calculated by counting all visual characters and simply dividing the total number of characters by 65 to arrive at the number of defined lines.

7. All documents shall by typed using black ink on white good quality paper. Paper shall be 8 ½ by 11 inches with ruled margin of 1.5” at the left side and ruled margin of 0.5” at the right side, and a ruled margin of 1” at the top and bottom. A number indicating each line of the document upon each page, i.e., 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript.

8. Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.

9. In the original and each copy of the transcript, outside the ruled margin, the cover page and each subsequent page of the transcript (including the Certificate and Acknowledgement) shall show the name, address, and phone number of court reporting service centered at the bottom and the page number of the transcript in the bottom right corner.

10. The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the investigation, hearing, etc.

11. The original transcript and all copies shall be authenticated by the Official Reporter by a certificate page in the following form, which shall be included before the Acknowledgement:

CERTIFICATE

I, (name of transcriber), do hereby certify that said witness (name of witness), whose testimony appears herein, was duly sworn, that said transcript is a true record of the testimony given by said witness. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

Name of Court Reporter

12. Retention of Notes and Transcripts: The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made therefrom, shall be destroyed immediately following completion of the contractual agreement with receipt and processing of payment for the contractual services.

13. Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the court reporting service fees (in person or telephonic) at the re-hearing at no cost to the Government. Although not a comprehensive list of examples, causes for re-hearings may include:

a. Contractor loss of original recordings, transcripts or photocopies.

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

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

B.5 6500.6 APPENDIX C VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

c. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

d. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

e. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

f. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

g. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted for, using VA-approved encryption tolls that are, at minimum, FIPS 140-2 validated.

h. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

i. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

4. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

5. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,00.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required Privacy and HIPAA Training; and

(3) Successfully complete any additional information security or privacy training, as required for VA personnel with equivalent information system access.

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.6 ESTIMATED QUANTITIES

ESTIMATED QUANTITY OF COURT REPORTING DAYS FOR 1 YEAR

Locations
Estimated # of Court Reporting Days
Cheyenne, WY
9
Denver, CO*
11
Grand Junction, CO
4
Fort Harrison, MT
21
Salt Lake City, UT
18
Sheridan, WY
4
OKC, OK
32
Muskogee, OK
15

*Both Denver, CO locations are included in the above Denver estimate.

The Aurora, CO facility is a new facility and has no procurement history.

Glendale, CO location has historically been included in other locations, so unable to provide estimate.

B.7 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM #
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1001
Post Award Meeting (2 hours)

This is the guarantee minimum amount for the life of this IDIQ contract.

The maximum aggregate ceiling value for this IDIQ contract is $________________ (to be input prior to award). The Government does not guarantee that it will place any order under this contract in excess of the guaranteed minimum award amount.

2.00
Hr
__________________
__________________
1002
1ST DAY In-Person Court reporting appearance fee

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1003
1ST DAY In-Person Court reporting appearance fee

Cheyenne VAMC 2360 East Pershing Blvd.

Cheyenne, WY 82001 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1004
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1005
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1006
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Contract Year 1 (12 months from date of award).

1.00
Dy
__________________
__________________
1007
1ST DAY In-Person Court reporting appearance fee

Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1008
1ST DAY In-Person Court reporting appearance fee

VA Medical Center and Ambulatory Care Clinic 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1009
1ST DAY In-Person Court reporting appearance fee

George E. Wahlen VAMC 500 Foothill Drive Salt Lake City, UT 84148 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1010
1ST DAY In-Person Court reporting appearance fee

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1011
1ST DAY In-Person Court reporting appearance fee

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104

1.00
DY
__________________
__________________
1012
1ST DAY In-Person Court reporting appearance fee

Jack C. Montgomery VAMC 1011 Honor Heights Dr.

Muskogee, OK 74401 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1013
ADDITIONAL DAY In-Person Court Reporting appearance fee

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1014
ADDITIONAL DAY In-Person Court Reporting appearance fee

Cheyenne VAMC 2360 East Pershing Blvd.

Cheyenne, WY 82001 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1015
ADDITIONAL DAY In-Person Court Reporting appearance fee

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1016
ADDITIONAL DAY In-Person Court Reporting appearance fee

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1017
ADDITIONAL DAY In-Person Court Reporting appearance fee

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1018
ADDITIONAL DAY In-Person Court Reporting appearance fee

Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1019
ADDITIONAL DAY In-Person Court Reporting appearance fee

VA Medical Center and Ambulatory Care Clinic 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1020
ADDITIONAL DAY In-Person Court Reporting appearance fee

George E. Wahlen VAMC 500 Foothill Drive Salt Lake City, UT 84148 Sheridan VAMC Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1021
ADDITIONAL DAY In-Person Court Reporting appearance fee

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1022
ADDITIONAL DAY In-Person Court Reporting appearance fee

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104 Contract Year 1 (12 months from date of award).

1.00
DY
__________________
__________________
1023
ADDITIONAL DAY In-Person Court Reporting appearance fee

Jack C. Montgomery VAMC 1011 Honor Heights Dr.

Muskogee, OK 74401

1.00
DY
__________________
__________________
1024
Court reporting distance or telephonic fee.

Contract Year 1 (12 months from date of award).

1.00
HR
__________________
__________________
1025
Transcription rate for 2 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript).

Contract Year 1 (12 months from date of award).

1.00
Pg
__________________
__________________
1026
Transcription rate for 5 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript).

Contract Year 1 (12 months from date of award).

1.00
Pg
__________________
__________________
1027
Transcription rate for 10 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript).

Contract Year 1 (12 months from date of award).

1.00
Pg
__________________
__________________
1028
Additional hard copies (if required).

Contract Year 1 (12 months from date of award).

1.00
Pg
__________________
__________________
1029
Binding for hard copies of transcripts (if hard copies are required).

Contract Year 1 (12 months from date of award).

1.00
EA
__________________
__________________
1030
Administrative cost for less than 48 hour cancellation (flat rate).

Contract Year 1 (12 months from date of award).

1.00
EA
__________________
__________________
2001
1ST DAY In-Person Court reporting appearance fee

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2002
1ST DAY In-Person Court reporting appearance fee

Cheyenne VAMC 2360 East Pershing Blvd.

Cheyenne, WY 82001 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2003
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2004
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2005
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2006
1ST DAY In-Person Court reporting appearance fee

Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2007
1ST DAY In-Person Court reporting appearance fee

VA Medical Center and Ambulatory Care Clinic 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2008
1ST DAY In-Person Court reporting appearance fee

George E. Wahlen VAMC 500 Foothill Drive Salt Lake City, UT 84148 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2009
1ST DAY In-Person Court reporting appearance fee

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2010
1ST DAY In-Person Court reporting appearance fee

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2011
1ST DAY In-Person Court reporting appearance fee

Jack C. Montgomery VAMC 1011 Honor Heights Dr.

Muskogee, OK 74401 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2012
ADDITIONAL DAY In-Person Court reporting appearance fee

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2013
ADDITIONAL DAY In-Person Court reporting appearance fee

Cheyenne VAMC 2360 East Pershing Blvd.

Cheyenne, WY 82001 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2014
ADDITIONAL DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2015
ADDITIONAL DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2016
ADDITIONAL DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2017
ADDITIONAL DAY In-Person Court reporting appearance fee

Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2018
ADDITIONAL DAY In-Person Court reporting appearance fee

VA Medical Center and Ambulatory Care Clinic 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2019
ADDITIONAL DAY In-Person Court reporting appearance fee

George E. Wahlen VAMC 500 Foothill Drive Salt Lake City, UT 84148 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2020
ADDITIONAL DAY In-Person Court reporting appearance fee

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2021
ADDITIONAL DAY In-Person Court reporting appearance fee

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2022
ADDITIONAL DAY In-Person Court reporting appearance fee

Jack C. Montgomery VAMC 1011 Honor Heights Dr.

Muskogee, OK 74401 Contract Year 2 (12 months after end of contract year 1).

1.00
DY
__________________
__________________
2023
Court reporting distance or telephonic fee.

Contract Year 2 (12 months after end of contract year 1).

1.00
HR
__________________
__________________
2024
Transcription rate for 2 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript.

Contract Year 2 (12 months after end of contract year 1).

1.00
PG
__________________
__________________
2025
Transcription rate for 5 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript.

Contract Year 2 (12 months after end of contract year 1).

1.00
PG
__________________
__________________
2026
Transcription rate for 10 business day turnaround, beginning the day following the final hearing (includes original hardcopy of transcript & electronic version (PDF) of transcript.

Contract Year 2 (12 months after end of contract year 1).

1.00
PG
__________________
__________________
2027
Additional hard copies (if required).

Contract Year 2 (12 months after end of contract year 1).

1.00
PG
__________________
__________________
2028
Binding for hard copies of transcripts (if hard copies are required).

Contract Year 2 (12 months after end of contract year 1).

1.00
EA
__________________
__________________
2029
Administrative cost for less than 48 hour cancellation (flat rate).

Contract Year 2 (12 months after end of contract year 1).

1.00
EA
__________________
__________________
3001
1ST DAY In-Person Court reporting appearance fee

VISN 19 Rocky Mountain Network Offices 4100 E. Mississippi Ave Glendale, CO 80246 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3002
1ST DAY In-Person Court reporting appearance fee

Cheyenne VAMC 2360 East Pershing Blvd.

Cheyenne, WY 82001 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3003
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 1055 Clermont Street Denver, CO 80220 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3004
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 13611 E. Colfax Ave Aurora, CO 80045 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3005
1ST DAY In-Person Court reporting appearance fee

VA Eastern Colorado Health Care System 820 Clermont St.

Denver, CO 80220 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3006
1ST DAY In-Person Court reporting appearance fee

Grand Junction Veterans Health Care System 2121 North Avenue Grand Junction, CO 81501 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3007
1ST DAY In-Person Court reporting appearance fee

VA Medical Center and Ambulatory Care Clinic 3687 Veterans Drive P.O. Box 1500 Fort Harrison, MT 59636 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3008
1ST DAY In-Person Court reporting appearance fee

George E. Wahlen VAMC 500 Foothill Drive Salt Lake City, UT 84148 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3009
1ST DAY In-Person Court reporting appearance fee

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3010
1ST DAY In-Person Court reporting appearance fee

Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3011
1ST DAY In-Person Court reporting appearance fee

Jack C. Montgomery VAMC 1011 Honor Heights Dr.

Muskogee, OK 74401 Contract Year 3 (12 months after end of contract year 2).

1.00
DY
__________________
__________________
3012
ADDITIONAL DAY In-Person Court reporting appearance fee

VISN 19…

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