36C26218R0674-002.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. 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 80

36C26218R0674 05-22-2018

Ryoko Oshiro Foran 05-31-2018

10:00AM (PDT)

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

561492

$15 Million

N/A

Department of Veterans Affairs

VA Long Beach Healthcare System VA San Diego Healthcare System

00262

Network Contracting Office 22 4811 Airport Plaza Drive

Financial Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/en

877-489-6135

See CONTINUATION Page

Court Reporting and Transcription Service for VA Long Beach Healthcare System and VA San Diego Healthcare System

See enclosed schedule of service and price.

Service Disabled Veteran Owned Small Business Set-Aside

See CONTINUATION Page

X X

X 1

36C26218R0674

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 NOTIFICATION TO OFFERORS

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.4 SCHEDULE OF SERVICES AND PRICE

B.5 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

C.7 52.224-2 PRIVACY ACT (APR 1984)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PRICE WORKSHEET

D.2 WAGE DETERMINATION – STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

D.3 WAGE DETERMINATION – STATE OF CALIFORNIA, COUNTY OF SAN DIEGO

D.4 BUSINESS ASSOCIATE AGREEMENT

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

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 36C262

Network Contracting Office 22 4811 Airport Plaza Drive

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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 Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/en

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

AMENDMENT NO DATE

B.2 NOTIFICATION TO OFFERORS

1. Authority: This solicitation for Court Reporting and Transcription services is being procured in accordance with Federal Acquisition Regulation (FAR) Part 12 and Part 13 with set aside 100% for Service Disabled Veteran Owned Small Business (SDVOSB). The Government intends to award single IDIQ contract in response to this solicitation; however, the Government reserves the right to make multiple awards if it is in the Government’s best interest to do so.

2. The IDIQ Awardee (Contractor) shall provide Court Reporting and Transcription services to the following Veterans Affairs (VA) healthcare systems (HCS) within Veterans Integrated Service Network (VISN) 22: VA Long Beach Healthcare System (VALBHS) and the VA Sand Diego Healthcare System

(VASDHS).

3. The Offeror shall be capable of providing all required services as stated in the SOW for both VALBHS and VASDHS.

4. Offerors shall complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, and the Addendum to 52.212-1 regarding submission of the proposal. Failure to do so may preclude the offeror from further consideration.

5. TECHNICAL INQUIRES: Direct all technical inquiries via email to the Contract Specialist, Ryoko Foran at Ryoko.Foran@va.gov no later than 2:00 PM (PDT), May 24, 2018. An amendment will be sent via email to all offerors to address all questions received.

6. This requirement is set aside 100% for Service Disabled Veteran Owned Small Businesses (SDVOSB), therefore only SDVOSBs verified in the VA’s Vendor Information Pages (VIP) site at https://www.vip.vetbiz.gov, at the time of proposal submission will be considered for award.

7. Limitations on Subcontracting. Subcontracting limitations will be measured in terms of the amount spent in subcontracts. Subcontracts with similarly situated SDVOSBs will be excluded from the calculation. These changes were finalized by the Small Business Administration (SBA) effective 6/30/2016 (see SBA’s Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, Federal Register of 5/31/2016). The changes resulting from the SBA published regulations have not yet been incorporated in the FAR. Until such time as the FAR is updated with these new requirements, the SBA published regulations govern. Consequently, the July 25, 2016 VA Acquisition Regulation Class Deviation (issued via PPM 2016-05) specifically states in Attachment 10, VAAR clause 852.219-10 and 852.219-11, that Contractors shall comply with the SBA regulations at 13

CFR 125.6.

8. Task Order(s) will be issued for each Healthcare System against resulting IDIQ contract. If multiple awards are made in response to this solicitation, task order(s) will be issued based upon awarded price and availability of qualified court reporter.

9. Post-Award Teleconference. The awarded Contractor shall participate in a post-award conference to review the post-award contract management procedures.

mailto:Ryoko.Foran@va.gov https://www.vip.vetbiz.gov/

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 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.4 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, processing fee, delivery fee, handling fee, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under this contract is $700,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8.

Rejects/do-overs will not be invoiced.

BASE YEAR PERIOD OF PERFORMANCE: 06/10/2018 – 06/09/2019

CLIN

DESCRIPTION OF SERVICES

QUAN

TITY

UNIT

UNIT PRICE

Court Reporter Hearing /Meeting attendance hours.

Services to be used on an as needed basis.

Hour

Transcripts Ten (10) Day Turnaround

Page

Transcript CD

EA

OPTION PERIOD 1 PERIOD OF PERFORMANCE: 06/10/2019 – 06/09/2020

OPTION PERIOD 2 PERIOD OF PERFORMANCE: 06/10/2020 – 06/09/2021

OPTION PERIOD 3 PERIOD OF PERFORMANCE: 06/10/2021 – 06/09/2022

OPTION PERIOD 4 PERIOD OF PERFORMANCE: 06/10/2022 – 06/09/2023

B.5 STATEMENT OF WORK

Court Reporters for the VA Healthcare Systems for VISN 22

1. GENERAL PROCEDURE: The Contractor shall provide all labor, supplies, supervision and transportation required to perform Court Reporting Services for the two (2) VA Healthcare Systems within Veterans Integrated Service Network (VISN) 22 (VISN22VAHS); VA Long Beach Healthcare System (VALBHS) and VA San Diego Healthcare System (VASDHS).

2. BACKGROUND:

Executive Management, Equal Employment Opportunity (EEO), and Human Resources are charged with conducting administrative investigations on behalf of VA Healthcare System Facilities. Additionally, the Office of General Counsel (OGC) conducts hearings on behalf of the VA. As such, VA Healthcare Systems and OGC requires transcription / court reporting services to create verbatim transcripts of legal and administrative proceedings where the spoken word must be preserved as a written transcript. These legal and administrative proceedings include, but are not limited to: Administrative Investigation Boards (AIB), EEO Hearings, Human Resources Investigations and includes hearings/meetings ordered by the Administrative Judges. These transcripts ensure a complete, accurate, secure, and confidential legal record of proceedings and document all statements made in VA Healthcare Systems and OGC official proceedings.

VALBHS, VASDHS, and OGC require transcription / court reporting services on an irregular, as-needed, basis, often with short notice. Previously these services were managed with a purchase card due to the nature of the services and billing structure (individual bill each day, different interviews, under cost ceiling, etc.). However, as the facility has indicated that these will be more frequent, there is a need for a proactive management of this process has been requested and this is in response to that request.

AIB Authority

Court reporting services for cases from the Risk Management office will primarily be used for capturing testimony involving investigations initiated by the chief executive of VA facilities under the following authority.

The Veterans Affairs Secretary is authorized to “make investigations and examine witnesses upon any matter within the jurisdiction of the Department,” to take affidavits, and to administer oaths and affirmations under 38 USC § 5711. These authorities are delegated to the Heads of VA Administrations and Staff Offices, to the chief executives of VA facilities, and to all authorities senior to any of these officials in the VA organization (collectively, “convening authorities”). Such authority is in addition to any other existing authorities, including the inherent authority of VA officials to make or direct appropriate inquiries into matters within their areas of responsibility. This delegation of authority shall continue in effect until it, or this directive, is specifically rescinded or revoked, and is not subject to the sunset provision of VA Directive 0000, Delegations of Authority.

These authorities may be redelegated to a principal assistant, and may also be redelegated to employees assigned to conduct administrative investigations for the duration of their investigation duties. Senior convening authorities may direct their subordinate convening authorities in the exercise of these authorities. In exercising these authorities, delegates shall comply with applicable requirements of VA Directive 0700 and VA Handbook 0700, Administrative Investigations.

The Secretary’s statutory authority to issue subpoenas, compel attendance of witnesses, and require the production of evidence is not delegated herein but has been delegated separately to other authorities (see 38 CFR Part 2).

EEO Authority

Court reporting services for cases from the EEO office will primarily be used for capturing testimony involving discrimination and sexual harassment cases at all stages of an EEO case.

The EEO office is charged with attempting to resolve employees’ concerns involving discrimination /sexual harassment at the lowest level possible. However, there are times when a complaint requires depositions from the complainant, witnesses, management officials, etc. When depositions are required for testimony the agency, via the EEO office, is required to solicit the services of a court reporting agency to accommodate the proper capturing of statements for factual record. The court reporting services are required as part of investigation of complains and hearings.

In accordance with 29 C.F.R. 1614, 1614.108, Investigation of Complaints, (b) In accordance with instructions contains in Commission Management Directives, the agency shall develop an impartial and appropriate factual record upon which to make findings on the claims raised by the written complaint….

(1) The complainant, the agency, and any employee of a Federal agency shall produce such documentary and testimonial evidence as the investigator deems necessary.

In addition to the investigation of complaints, the discrimination and sexual harassment complaint may potentially proceed to a hearing. In accordance with 29 C.F.R. 1614, 1614.109 (d) Discovery… Evidence may be developed through interrogatories, depositions, and requests for admissions, stipulations or production of documents.

3. SCOPE:

Contractor shall provide require transcription / court reporting services to create verbatim transcripts of legal and administrative proceedings where the spoken word must be preserved as a written transcript.

The contract is intended to cover any and all court reporting services to preserve any administrative or legal proceedings that VALBHS and VASDHS may conduct in this, and in subsequent fiscal years. It is driven by requirements and authorities reflected above under the Office of the Director on behalf of the entire facility, however, the projected utilization of this contract will primarily, but not exclusively, come from Risk Management, EEO, and Human Resources.

4. Participating Facilities:

These services shall be provided for VISN 22 Healthcare Systems as listed on the table below. If additional facilities within VISN 22 are required, the Contracting Officer shall notify the contractor at least 30 days prior to change and issue a bilateral modification.

PATICIPATING FACILITY

ADDRESS

5901 East 7th Street Long Beach, CA 90822

3350 La Jolla Village Drive San Diego, CA 92161

5. SPECIFIC TASKS:

The contractor shall provide experienced court reporters, transcriptions, labor, supplies, materials, shipping, transportation, supervision, and other non-personal services necessary to achieve the following technical requirements and/or specific tasks for VISN22VAHS:

Task 1: The contractor will provide court reporter(s) that will capture all statements as directed by the designated authority:

• The contractor will provide a court reporter within 24 hours notice by the agency

• The contractor will schedule court reporter(s) for the duration of the appointed case to include the first day and any subsequent day(s). The length of service required will vary based on the amount of the individuals being interviewed and the inclusiveness of each interview as determined by the agency representative, investigator, lawyer and/or judge

• The court reporter will be fully set up and prepared to begin taking depositions no later than 10 minutes prior to the designated start time for the first interview

• The court reporter accurately capture all statements as required and each speaker by name

• The court reporter will incorporate reference materials into the transcript as the case requires;

these materials will be provided by each VA Healthcare System’s point of contact.

• Court reporters will maintain confidentiality with the information they are privy to before, during and after the deposition(s)

Task 2: The contractor will collect and transcribe all statements captured from the deposition and provide the statements in booklet format that is word index:

• Each statement / deposition captured during the course of the deposition will be provided in an original transcript

• Each statement / deposition captured during the course of the deposition will be provided in a certified copy transcript

• Each statement / deposition captured during the course of the deposition will be provided in a condensed copy of the transcript

• Each statement / deposition captured during the course of the deposition will be provided on a CD that is completely re-printable and word searchable

Task 3: The contractor will deliver the required products to the agency:

• The contractor will deliver all required products to the agency within 10 business days (excluding weekends and holidays).

• Any additional requirements, such as an expedited return of deliverables, may be required by VISN22VAHS and would be managed by each VA Healthcare System’s point of contact.

• Turnaround Times (TAT): TAT is calculated from completion of dictation to delivery of completed transcription using a standard business day of 8:00 a.m. to 4:30 p.m. Pacific Time (PT), Monday through Friday, with the exception of NATIONAL HOLIDAYS. The Government does not require and therefore will not pay the Contractor to provide services on the following Federal holidays or any other day specifically declared by the President of the United States as a National holiday. When the holiday falls on a Sunday, the following Monday is observed as the legal holiday; when a holiday falls on a Saturday, the preceding Friday is observed as the legal holiday by U.S. Government agencies.

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

Task 4: Court Reporters(s). Successfully capture the testimony of all parties as identified in a legally certified manner.

Subtask 1 – Court Reporting. Provide the technical and functional activities at the required level for integration of all tasks specified within this SOW. Include productivity and management methods such as quality assurance, progress / status reporting and program reviews. Provide the centralized administrative, clerical, documentation and related functions.

Deliverables: From the on-site reporter to the point of contact (if applicable) within the contractor’s agency:

- Documentation from the deposition to be transposed later into a legal document

Task 5: Transcribe the gathered information and delivery of legal transcripts of depositions.

Subtask 2 – Transcript. Prepare transcript that is legal and binding from the information collected during the deposition. Develop a transcript (1 original, 1 certified copy, 1 condensed transcript, word index, and the transcript on a CD that is able to be printed and is word-searchable) in booklet format and a transcript

CD.

Deliverables: Within 10 business days of completing the deposition, the contractor will provide the various transcripts to the case POC.

- Transcript (1 original)

- Transcript (1 certified copy)

- Condensed transcript

- Word index

- Transcript on CD [printable and word searchable]

Transcript Format: Visible Black Character. A Visible Black Character (VBC) is defined as 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

` 1 2 3 4 5 6 7 8 9 0 - = [ ] \ ; ‘ , . / “

Any format changes required throughout the duration of this contract shall require notification by the Government to the Contractor of a minimum of 21 days.

In accordance with FAR 4.703, contract files must be maintained for 3 years after final payment. The contractor shall destroy the files on the anniversary of the third year after final payment. The vendor is not to subcontract work to another transcription firm without prior VA approval. All transcription and verification must be performed in the United States of America. There are no exceptions. This stringent requirement is due to security and privacy concerns associated with the sensitive data that is the subject of this contract.

6. PERFORMANCE MONITORING:

The Contracting Officer’s Representative (COR) is responsible for verification of accurate invoicing, billing and to assure that all transcriptionists has had all mandatory training.

Contractor shall have a Quality Assurance (QA) program which ensures that the highest quality transcribed records are delivered to the VA. The contractor shall screen and proofread reports for accuracy. Each report will be reviewed and one opportunity to amend the record will be included.

All communications affecting performance should be directed to the appropriate VA personal following the chain of command. All performance issues should first be dealt with at the level of the daily transcription contact. If no resolution is found, the issue should be escalated to the Contracting Officer’s Representative (COR) and then the Contracting Officer. The contractor shall provide a point of contact for all performance related issues. Failure for the VA Personnel to communicate or provide any and all necessary information, including access, technical support or any other reasonable requirement, for this implementation and duration of the contract, should be reported to the daily transcription contact and escalated to the COR and then the Contracting Officer if necessary. The Contracting Officer is the final decision authority on these issues.

7. SECURITY REQUIREMENTS:

The contractor will send out a reporter that will immediately report to designated location or contact the case POC for an escort to the exact location for the depositions. At no time will the court reporter have access to any of the VA Healthcare Systems’ computer network systems. Court reporters will maintain confidentiality with the information they are privy to before, during and after the deposition(s).

8. GOVERNMENT-FURNISHED EQUIPMENT (GFE)/GOVERNMENT-FURNISHED

INFORMATION (GFI):

VA Healthcare Systems will provide the court reporters with a chair and a table to perform their tasking.

9. OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS:

a. Identification of Possible Follow-on Work.

The testimony transcripts will be included in permanent files for recordkeeping and reference.

b. Identification of Potential Conflicts of Interest (COI).

CONFLICT OF INTEREST: The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the VA, unless such person seeks and receives approval in accordance with VA regulations. Nor shall the Contractor employ any person who as a member would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations or terms of the contract. In any such case, VA must review the matter and give its approval in accordance with agency ethics rules.

c. Identification of Non-Disclosure Requirements.

HEALTH INSURANCE PORTABILTY AND ACCOUNTABILITY ACT: The Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The contract service providers herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barrier to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system to system transmission.

That no patient information of any type shall be given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and the VA Healthcare System and only in capacities directly related to the provision of the services contracted in this instrument.

That only the minimum necessary patient information is used to provide appropriate service to the correct patient. That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract, must be in compliance with the directive of the Act. Details of the Act are still under development by the Congress of the United States. Once these detailed directives are released, this current contract may require a modification to be in compliance depending on the effective date of the Act as decided by Congress and President of the United States.

ADP SECURITY RESPONSIBILITIES: If the Contractor has access to printed and/or electronic files containing sensitive information in the performance of official duties, all information or data must be protected under the provision of the Privacy Act of 1974 and other applicable laws and regulations. The contractor is responsible for: 1) protecting the information from unauthorized release, from loss, alteration or unauthorized deletion; and 2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the computer access agreement and VA Policy Memorandums.

d. Packaging, Packing and Shipping Instructions.

See section 5, above.

e. Inspection and Acceptance Criteria.

The contract COR, case POC, or other designee will receive all transcripts, review them for a quality inspection. Additionally, the transcript on CD will go through the same quality inspection. The case POC, or other VA Healthcare System’s designee will contact the contractor if there are any areas of the transcript(s) that need clarifying, corrections, that need to be made and/or malfunctions that need to be corrected.

CERTIFICATION REQUIREMENTS: Personnel performing transcription services must be fully qualified competent. “Fully qualified” is defined as company or field trained (or equivalent) and experienced to work on this contract. The Government reserves the right to reject any of the Contractor’s personnel and refuse them permission to work on this contract if they are determined not “fully qualified” or documentation has not been submitted and approval given for the certification to provide the needed services.

POST-AWARD PERFORMANCE CONFERENCE: The Contracting Officer will schedule a post-award performance conference with the Contractor, if deemed necessary, for contract orientation purposes.

INVOICE AND PAYMENT: The contractor shall provide VA personnel with the ability to validate all documents for accuracy of invoices. No advance payment is authorized. The Contractor shall submit invoices containing, at a minimum, the contract number, assigned purchase order/obligation number, period of performance and any additional details necessary to identify service rendered. Payment of invoice may be delayed if invoices are not completed properly. Payments shall be made for items accepted by the Government that have been delivered to the delivery destinations.

10. RISK CONTROL:

There is a reasonable amount of risk that the court reporter(s) assume that in a healthcare environment, they may be around individuals (mobilizing to and from their designated temporary work location) carrying infectious disease.

11. PLACE OF PERFORMANCE:

This contract calls for work to be accomplished at three locations. 1) Court reporters – their work will be performed at VALBHS and VASDHS locations or at an alternate site as may be required. The VA Healthcare System’s point of contact will provide information on the precise date, time and location when transcription services are required. Travel to and from the aforementioned facility is not included in the contract. 2) Transcription and finalizing the deposition(s) will be accomplished at the contractor’s site. 3) Delivering the final product, the contractor will ensure that the final product(s) are safely and securely transported and given to the contract COR, case POC, or other VA Healthcare System’s designee.

12. DELIVERY SCHEDULE:

Deliverable Title Format Number Calendar Days After

CO Start

Transcript (original) Print Document Standard Distribution*

Within 10 workdays after the deposition

Transcript (certified copy)

Print Document Standard Distribution*

Within 10 workdays after the deposition

Condensed Transcript

Print Document Standard Distribution*

Within 10 workdays after the deposition

Word Index Print Document Standard Distribution*

Within 10 workdays after the deposition

Transcript on CD Compact Disc Standard Distribution*

Within 10 workdays after the deposition

* Standard Distribution: Standard Distribution: All items will be completed and sent to the COR, case POC, or other VA Healthcare System’s designee in a single bundled package

• Deliverables - Prepare transcript that is legal and binding from the information collected during the deposition. Develop a transcript (1 original, 1 certified copy, a condensed transcript, word index and the transcript on CD [re-printable and word searchable]) in booklet format and a transcript CD.

• Deliverable Title - Court Reporting for Equal Employment Opportunity Complaints.

• Format – Word, Word Index and Compact Disc.

• Number - transcript (1 original, 1 certified copy, a condensed transcript, word index and the transcript on CD [re-printable and word searchable]) in booklet format and a transcript CD.

• Within 10 work days of taking the deposition.

13. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

Delegation of Authority letters shall be forwarded to the using service and the Contractor after agreement has been signed, identifying the individual(s) as the COR(s). No service shall be provided without the approval of the COR or his/her designee of this contract.

The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

14. CHANGES:

Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work.

Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer.

15. CONTRACTOR CONTACT INFORMATION:

Contractor shall provide in the space provided below the name, address and telephone number of the office where service calls are to be placed:

Name:

Address:

Telephone:

16. PERSONNEL QUALIFICATIONS/EXPERIENCE CRITERIA:

Personnel shall be fully qualified, experienced and trained to provide required services.

17. SMOKING POLICY:

Smoking is not permitted within or around the VA, except in designated areas.

18. BADGES AND PARKING:

(a) All Contractor personnel are required to wear identification (I. D.) badges issued by the VA Police Station during the entire time they are on the VA Healthcare System’s grounds. All Contractor personnel are also required to wear Vendor ID Badges noting Contractor Name, Personal Name, and Photo of Contractor personnel.

(b) It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the individual VA Healthcare System Police Station.

VA Healthcare System shall not validate or make reimbursement for parking violations of the Contractor's personnel under any circumstance.

19. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability.

Within 15 days of the contract award, the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the contract through end of the period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $40,000;

(2) Any order for a combination of items in excess of $400,000; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after June 9, 2023.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

C.6 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of Clause)

C.7 52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.

(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

https://www.vip.vetbiz.gov/

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the…