36C26119Q1219-007.docx

36C26119Q1219

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 SI

GN 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. SIGN

ATURE 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

640-19-2-4503-0023 36C26119Q1219 09-05-2019 Larry Facio

(916) 923-4553 09-19-2019 4:00p.m (PST)

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 561492 $15 Million N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan CA 95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor Shall Provide Court Reporting Services In Accordance with Performance Work Statement and CLINs for VA Palo Altho Health Care System.

640-3690152-4503-841900-2580 0100J00S5 X X 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 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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.

Department of Veterans Affairs FMS VA-9(101) Financial Services 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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Court Reporting Services to support AIBs, EEO, and MSPB.

Contract Period: Base POP Begin: 09-25-2019 POP End: 09-24-2020

Electronic Transcript to support AIBs, EEO, and MSPB.

Printed Transcript to support AIBs, EEO, and MSPB.

Expedited Electronic Transcript to support AIBs, EEO, and MSPB.

Same Day Rough Draft to support AIBs, EEO, and MSPB.

Exhibits to support AIBs, EEO, and MSPB.

Exhibits (Black and White) to support AIBs, EEO, and MSPB.

Minimum Fee for Court Reporter To Show (If Applicable) to support AIBs, EEO, and MSPB.

Videographer to support AIBs, EEO, and MSPB.

Video Sync to support AIBs, EEO, and MSPB.

Minimum Fee: Videographer (If Applicable) to support AIBs, EEO, and MSPB.

Cancellation Fee (If Applicable): Court Reporter

Cancellation Fee (If Applicable): Videographer

Total for Base Year:

Court Reporting Services to support AIBs, EEO, and MSPB.

Contract Period: Option 1 POP Begin: 09-25-2020 POP End: 09-24-2021

Electronic Transcript to support AIBs, EEO, and MSPB.

Printed Transcript to support AIBs, EEO, and MSPB.

Expedited Electronic Transcript to support AIBs, EEO, and MSPB.

Same Day Rough Draft to support AIBs, EEO, and MSPB.

Exhibits to support AIBs, EEO, and MSPB.

Exhibits (Black and White) to support AIBs, EEO, and MSPB.

Minimum Fee for Court Reporter To Show (If Applicable) to support AIBs, EEO, and MSPB.

Videographer to support AIBs, EEO, and MSPB.

Video Sync to support AIBs, EEO, and MSPB.

Minimum Fee: Videographer (If Applicable) to support AIBs, EEO, and MSPB.

Cancellation Fee (If Applicable): Court Reporter

Cancellation Fee (If Applicable): Videographer

Total for Option Year #1:

Court Reporting Services to support AIBs, EEO, and MSPB.

Contract Period: Option 2 POP Begin: 09-25-2021 POP End: 09-24-2022

Electronic Transcript to support AIBs, EEO, and MSPB.

Printed Transcript to support AIBs, EEO, and MSPB.

Expedited Electronic Transcript to support AIBs, EEO, and MSPB.

Same Day Rough Draft to support AIBs, EEO, and MSPB.

Exhibits to support AIBs, EEO, and MSPB.

Exhibits (Black and White) to support AIBs, EEO, and MSPB.

Minimum Fee for Court Reporter To Show (If Applicable) to support AIBs, EEO, and MSPB.

Videographer to support AIBs, EEO, and MSPB.

Video Sync to support AIBs, EEO, and MSPB.

Minimum Fee: Videographer (If Applicable) to support AIBs, EEO, and MSPB.

Cancellation Fee (If Applicable): Court Reporter

Cancellation Fee (If Applicable): Videographer

Total for Option Year #2:

Performance Work Statement Court Reporting Services VA Palo Alto Health Care System Section 1: General Information

1.1 General: This is a non-personal services contract to provide on-site stenographic court reporting services for the VA Palo Alto Health Care System (VAPAHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2 Period of Performance:

1.3 Place of Performance: The majority of the court reporting services will be provided in a conference room setting at the Palo Alto main campus, Menlo Park and Livermore campuses located at:

VA Palo Alto Health Care System – Palo Alto Division 3801 Miranda Ave Palo Alto, CA 94304

VA Palo Alto Health Care System – Menlo Park Division 795 Willow Road Menlo Park, CA 94025

VA Palo Alto Health Care System – Livermore Division 4951 Arroyo Road Livermore, CA 94550

There may be occasions where services are needed at one of the Community Based Outpatient Clinic (CBOC) or other locations as needed by the Government. All other locations will be in the general Bay Area of California. The CBOCs that could potentially require services are:

Community Based Outpatient Clinics Capitola CBOC 1350 41st Ave., Ste 102 Capitola, CA 95010 Fremont CBOC 39199 Liberty Street Fremont, CA 94538 Monterey CBOC 3401 Engineer Lane Seaside, CA 93955

San Jose CBOC 5855 Silver Creek Valley Place San Jose CA 95138 Sonora CBOC 13663 Mono Way Sonora, CA 95370 Stockton CBOC 7777 South Freedom Rd.

French Camp, CA 95231

Modesto CBOC 1225 Oakdale Rd.

Modesto CA 95355

1.4 Type of Contract: The government will award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

1.5 Staffing: The contractor must be able to provide multiple on-site stenographic court reporters working simultaneously during this contract as it is possible to have several hearings going on at the same time in different locations for the same day and time. The contractor will be expected to provide up to five different onsite stenographic court reporters to cover all of the hearings if that were to occur. Most of the hearings will be requested with less than 72 hours of notice due to the nature of these hearings; all AIB hearings will require <72 hours of notice with an expectation that expedited transcripts be available upon request.

1.6 Secure Website: The contractor shall provide a secure website where transcripts and other documents, such as Privacy Attestations and invoices, can be stored securely for a maximum of 7 years. Unique logins and passwords are required for each Program-specific Contact (QSV/EEO/HR) to access transcripts online 24 hours a day. The Contracting Officer’s Representative (COR) will provide a list of authorized personnel for account access.

1.7 Hours of Operation: Start time for interviews will be no earlier than 8:00 am and interviews will be concluded no later than 5:00 pm, Monday through Friday, excluding Federal Holidays. Please note that services will not be required outside of normal business hours, reporters are required to be prepared to start at the scheduled start time at the interview site.

1.8 Estimated Workload: On an annual basis there is an anticipated 6 Administrative Investigation Boards (AIB), 25 EEO hearings and depositions, and 3 HR hearings, and 3 other related hearings, but the type and number of hearings may vary. For example, one AIB may require 5 interviews or 100 interviews, depending on the nature of each AIB. The contractor will provide the unit pricing for each line item and the services will be paid against the actual quantities that are used for each hearing.

1.9 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

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

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Section 2: Definitions & Acronyms

2.1 Definitions:

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

Administrative Investigation Board. 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 Administrative Investigation Board.

Contracting Officer. The person with the authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government Contracting Officer Representative/Designated Representative. As delegated by the Contracting Officer; Responsible to approve and submit invoices, Maintain written and oral communications with the Contractor concerning technical aspects of the contract; Communicate with the Contracting Officer and the Contractor of any deficiencies; Coordinate availability of government furnished property; Provide site entry of Contractor personnel; Monitor and inspect Contractor’s performance Does not have authority to make changes in cost or price, estimates or changes in delivery dates and cannot authorize changes to any of the terms and conditions of the resulting order.

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

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 authority’s senior to any of them in the VA organization.

Equal Employment Opportunity. Federal laws prohibit specific types of discrimination in certain contexts. EEO includes these laws and processes and procedures used to enforce them.

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

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

Section 3: Government Furnished Property, Equipment, and Services The Government will provide a shared meeting location, utilities, and the use of a telephone (local calls only). Normally, the usage of cell phones within the Medical Center is permitted; however, there are some areas of the hospital where the usage of such devices are 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 Medical Center.

Section 4: Contractor Furnished Items and Services The Contractor shall provide a secure website at start of contract, all equipment, supplies, management, supervision, personnel, transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents.

Section 5: Specific Tasks

5.1 General Tasks

A. Onsite stenographic Ccourt reporting services may be required for Administrative Investigations (AI), Disciplinary Appeals Boards, Equal Employment Opportunity (EEO) hearings, Merit Systems Protection Board (MSPB) hearings, Office of Resolution Management, or Regional Counsel requirements. These services require someone to be physically present to transcribe live testimony in real time and not recorded for later transcription. These services may also be needed for any other meetings that require legal documentation.

B. The stenographic court reporter must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR) or be certified by the state of California.

C. The stenographic court reporter must be punctual and prepared to commence transcribing testimony at the start time and be physically present at all proceedings, demonstrate a professional demeanor, and provide all the necessary equipment to perform their duties and accomplish the tasks in the PWS.

D. The stenographic court reporter shall be proficient in English and shall read portions of the transcript during the proceedings at the request of the board or other presiding body, and ask speakers to clarify inaudible statements.

E. Proceedings may occur over multiple days, and the services of the stenographic court reporter may be needed for varying lengths of time each day.

F. stenographic Ccourt reporters who have at least one-year experience with the Administrative Investigation Board (AIB) process, EEO Hearings, Human Resources Management Merit System Protection Board (MSPB), and arbitration hearings are required in the performance of this contract.

5.2 Oaths and Notary Services

A. The stenographic court reporter shall have the ability to administer oaths. Depositions shall be transcribed by a duly authorized notary. No separate fee is to be charged for notary services, administering oaths, or affixing seals.

5.3 Administrative Investigation

A. This is 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.

B. These investigations are governed by VA Directive 0700 (see section 6), Administrative Investigations and VA Handbook 0700, Administrative Investigations.

C. These investigations are established by the Medical Center Director as the convening authority.

D. Administrative Investigation Boards are not scheduled in advance; therefore, short notice will be provided for the need of transcription services. Once scheduled, the schedule may change or even be cancelled at any time up until the time scheduled because of unforeseen events that may arise. The contractor shall accommodate cancellations up to 5pm Pacific Standard Time (PST) prior to the scheduled proceeding without charge.

5.4 EEO and MSPB Hearings

A. EEO Hearings and MSPB and/or arbitration hearings are similar processes and are established by a judge or other government source.

B. EEO Hearings may be scheduled a few weeks in advance.

C. MSPB hearings may be scheduled several weeks to a month or more in advance.

D. These hearings may also have to be rescheduled or cancelled because of unforeseen events.

5.5 Witnesses

A. 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.

5.6 Contractor shall provide the following for every witness/case:

A. One printed original hard copy transcript delivered within 7 business days.

B. One printed certified hard copy transcript within 7 business days.

C. Complimentary electronicElectronic transcripts shall be made available for download from the secure website within 3 business days for all hard copy transcripts.

D. Expedited service for a final, electronic transcript within 24 hours, if requested.

E. Expedited service for a final, hard copy transcript within 3 business days, if requested.

5.7 Completion Date for AIB Hearings

A. The Administrative Investigation Boards 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.

B. Transcribed testimony and any exhibits (colored, or black and white) must be returned to the program-specific contact (QSV) per request and no later than within 3 business days for electronic transcript and within 7 business days for printed transcript of each testimony in order for the deadline to be met, unless otherwise specified.

5.8 Completion Date for EEO Hearings

A. EEO Hearings may have a short turnaround time for completion of 3 calendar days to 14 calendar days unless requested by an administrative judge.

B. Transcribed testimony and any exhibits (colored, or black and white) must be returned to the Program-specific Contact (EEO) per request and no later than within 3 business days for electronic transcript and within 7 business days for printed transcript of each testimony in order for the deadline to be met. EEO Hearings and depositions should include original and certified transcripts, reporter’s certificate, any exhibits (colored, or black and white) and digitized bundle.

C. For any and all EEO depositions called for by the VA, may also have a short turnaround time for completion of 3 calendar days to 14 calendar days as established by Regional Council.

D. The Government could ask for the transcripts to be requested by Regional Counsel.

5.9 Completion Date for MSPB Hearings

A. MSPB processes are usually around 3-5 days.

B. Transcribed testimony and any exhibits (colored or black and white) must be returned to the Program-specific Contact (HR) per request and no later than within 3 business days for electronic transcript and no later than within 7 business days for printed transcript of each testimony in order for the deadline to be met, unless otherwise specified.

5.10 Transcript Format

A. The transcribed testimony product must be accurate, double-spaced, printed, and appropriately bound in a sturdy plastic folder, clear front cover, with metal prongs, to include an acknowledgement/errata sheet (see bullet 5.10.B) and a word index behind the testimony, according to accepted standards for court reporting. All are to be securely fastened with metal prongs (not plastic binding) and packaged securely to prevent mishandling of confidential documents. Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The stenographic court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony.

B. An “ACKNOWLEDGEMENT” or errata 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.

C. In addition to the requirements above, EEO transcripts shall have a line spacing of 1.5. The font for the document will be Times New Roman regular font size 12. The document will include an errata sheet. The stenographic Ccourt Rreporter 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.

5.11 Retention of Notes and Transcripts

A. All transcripts will be made available online on a secure website for 7 years from the date of transcript. Access to the transcripts must be restricted to VA Program-specific Contacts (EEO/QSV/HR), and a unique username and password shall be issued for authorized VA personnel requiring access (see 5.14B).

5.12 Contractor shall have flexibility to accommodate any turn-around requested, in the event of an emergency request by the Government, even if less than the specified delivery times stated above, via phone call, email, or secure website. Turn-around times can vary from same-day delivery of the final transcript to 7 business-day delivery.

5.13 Scheduling

A. The contractor shall provide scheduling through email, secure website, and phone.

B. The services will be scheduled by the following authorized individuals:

1) AIB –

a. Risk Manager, QSV

b. Director of Quality & Safety, QSV

c. Assistant Director of Quality & Safety, QSV

2) EEO –

a. Equal Employment Opportunity Program Manager or Designee

3) MSPB –

a. Human Resources Specialist, Employee Relations, HR

5.14 Personnel

A. The contractor shall provide only qualified certified stenographic court reporters to perform these services (see 5.1 General Tasks).

B. The contractor must provide stenographic court reporters who meet all requirements to provide services in the State of California.

C. All stenographic court reporters must complete a confidentiality certification, or Privacy Attestation, prior to providing any services. Contractor is responsible for ensuring stenographic court reporter completes a Privacy Attestation prior to providing a service and submitting the signed copy to the Contracting Officer’s Representative (COR). These Privacy Attestations must be renewed once every year (see 5.19.B Security Requirements).

D. Appropriate credentials must be provided within one week upon request from the Contracting Officer’s Representative (COR).

5.15 Security Badging

A. Prior to reporting to work, the contracted employee will need to contact the designated COR or designated VA program-specific contact (EEO/QSV/HR), who will take him/her to the on-site Police Dispatch located in building 100 at the Palo Alto main campus.

B. Police staff will issue a temporary ID badge to the contracted employee, who in turn, will properly display the badge while working at VAPAHCS.

C. Upon completion of the assignment, the employee will return the badge to Police Dispatch.

5.16 Parking

A. 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.

5.17 Misconduct or Security Concerns

A. The Government may, at its sole discretion, direct the contractor to remove their employee from the medical center or CBOC facilities for misconduct or for security reasons.

B. Removal does not relieve the contractor the responsibility to continue providing the services required under this contract.

C. The Contracting Officer (CO) will provide the contractor with a written explanation to support any request to remove an employee.

5.18 Delays

A. In any instance where the contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the contractor shall immediately notify the COR and the CO.

B. In the event of stenographic court reporters showing up late to a hearing or deposition, the contractor shall have staff readily available to troubleshoot issues of timeliness of reporters or other issues that may come up.

C. 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.

5.19 Security Requirements

A. The contractor will be responsible for ensuring compliance by its employees with the security regulations of Veterans Affairs where work is performed under this contract.

B. All contractor personnel and any subcontractors performing services under this contract must complete a confidentiality certification or Privacy Attestation, which must be renewed annually. Contractor is responsible for ensuring all personnel employed on this contract who handle the confidential transcripts sign a Privacy Attestation each year and renew annually. Contractor must email the signed copies of Privacy Attestations to the COR prior to providing each service and/or make them available on the secure website prior to providing each service. Under no circumstance can a service be performed by any personnel without signing a Privacy Attestation.

C. A Business Associate’s Agreement (BAA) will be entered into by both parties.

D. The information obtained in the performance of this contract 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.

5.20 Quality Control

A. 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.

B. 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.

5.21 Additional Work Needed

A. Based on the nature of these services, it cannot be known in advance how long each individual case will be or how many pages will be needed. The price schedule is structured with fixed unit prices and estimated quantities.

5.22 Re-hearings

A. Should the contractor cause the Government to re-hear any case or hearing or other proceeding, the contractor shall provide the reporting services at that re-hearing at no cost to the Government.

B. Although not a comprehensive list of examples, causes for re-hearings may include:

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

2) Loss of original recordings, transcripts or photocopies.

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

4) Attempted use of electronic recording equipment which does not conform to the requirements noted herein.

5) Failure of the contractor to deliver transcripts (original and 1 copy) within three (3) business days after a hearing or as otherwise specified.

5.23 – Website Specifics A. Website must be secure and encrypted to the minimum VA standards. The devices used should be at least FIPS 140-2 compliant for both data-during-transit and data-at-rest.

B. Unique logins and passwords are required for each program-specific contact (QSV/EEO/HR) and COR to access transcripts and other documents online 24 hours a day. The COR must also have access to invoices online.

C. The contractor shall provide a secure website where transcripts and other documents, such as Privacy Attestations and invoices, can be stored securely for a maximum of 7 years and easily accessed by program-specific contacts or COR.

D. Other documents, such as invoices, shall be made available on the secure website.

E. The option for online scheduling (scheduling portal) is required on the secure website for the ease of scheduling for program-specific contacts requesting court reporting services.

5.24 Performance Requirements Summary

Section 6: Attachments

Santa Clara (Primary Location) Monterey San Joaquin Alameda Attach #5 VA Directive 0700

36C26119Q1219

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[]…