Attachment 1 - Civil Statement of Work.pdf

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Section 1 - Supplies or Services and Prices/Costs

1.1 General

a) The Contractor shall provide Deposition Stenographic Court Reporting Services with real time transcription for the United States Attorney’s Office (USAO), District of Columbia, Washington DC.

b) The period of performance for this contract will include a base year and four one-year options as follows:

Base Year: 09/01/2025 – 08/31/2026 Option Year I: 09/01/2026 – 08/31/2027 Option Year II: 09/01/2027 – 08/31/2028 Option Year III: 09/01/2028 – 08/31/2029 Option Year IV: 09/01/2029 – 08/31/2030

Additionally, the Contract may be extended up to an additional six months pursuant to FAR 52.217-8, Option to Extend Services. In the event the contract is extended pursuant to FAR clause 52.217-8, Option to Extend Services, the prices for the most recent period shall apply.

c) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Contract type will be Time-and-Materials (T&M).

d) The Government contemplates issuing one (1) single-award IDIQ contract from this solicitation.

e) No Government Furnished Property shall be provided.

f) The Department of Labor wage rates are applicable. The following wage determinations are applicable:

• WD 2015-4281 Revision 33 dated April 25, 2025 (District of Columbia)

See Attachment 6 – Wage Determinations

NOTE: The Government has determined the applicable SCLS Wage Determination (WD) for this requirement to be WD 2015-4281 Revision 33 dated April 25, 2025, which covers the District of Columbia (D.C.) as the identified place of performance. It is possible that all places of performance may not be known at time of Solicitation. The possible place or area of performance known at time of Solicitation has already been noted by the Contracting Officer. Should the Contractor employ a business model where it utilizes SCLS-covered personnel located in an area outside the coverage of the designated WD, to perform any part of the work required under this SOW, the Contractor shall comply with the instructions set forth at FAR 22.1009-4 – All Places of Performance Not Identified and notify the Contracting Office in writing of any such additional places of possible performance by SCLS-covered employees not later than the date of Solicitation closing. Failing to do so shall result in risk of non-compliance with FAR 22 and the SCLS Act at the Contractor’s sole risk.

g) The Government requires the following for this effort:

i. One (1) Stenographer Court Reporter.

ii. One (1) Videographer.

1.2 Minimum Guarantee, Order Limits, & Ceiling

a) The USAO will order a minimum guaranteed amount of $1,000.00 during the life of this contract. The minimum amount is not re-established with each option year.

b) The minimum order limit is $100.00, and the maximum order limit is $200,000.00.

c) Each order ceiling is established in the individual task order and in accordance with FAR 52.212-4 Alt I (i), the

Contractor shall provide requisite notification in the event expenditures are expected to exceed 85% of current funding ceiling.

https://www.acquisition.gov/far/part-22#FAR_22_1009_4__d1428e12 https://www.acquisition.gov/far/part-22#FAR_22_1009_4__d1428e12

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1.3 Pricing

a) All unit prices are fixed and fully burdened to include, but are not limited to, labor (including supervision), material, equipment, facilities, fringe benefits, overhead, G&A, and profit necessary to provide Deposition Court Reporting services required. Travel is priced separately and referenced in Section 2.

b) For planning purposes only, the following general information is provided:

i. Under normal circumstances, Depositions are routinely scheduled to be conducted five (5) days a week Monday thru Friday. Each session generally lasts about 8 hours. Setup/Breakdown time shall not exceed 15 minutes before/after the deposition and shall not be separately billable from the session’s other costs.

ii. Remote depositions may be required in some instances and will be coordinated by District personnel using DOJ’s video teleconference systems.

iii. Transcriptions shall be submitted via the Government secure platform USAfx unless otherwise directed to be submitted in an email pdf sent directly to a designated attorney and/or paralegal.

c) Section 2 - Commodity or Services Schedule of this solicitation shall not include asterisks with exceptions or comments. The Contractor shall only state the unit price for the Contract Line-Item Number (CLIN) based on the description of work provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered. If a CLIN is no charge, state “No Charge” (N/C) (instead of stating zero) in Unit Price Column and include a narrative description as to why there is N/C (i.e., included in another CLIN).

“Not Applicable” (NAs) are not acceptable and will result in the quotation being deemed nonresponsive. All CLINs with an estimated quantity must have a unit price or state N/C.

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Section 2 - Statement of Work

2.1 Overview

a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed to record and transcribe Deposition testimony, on an "as needed" basis for the USAO specified in Section 1 in accordance with the terms, conditions set forth herein.

b) The location(s) where Depositions primarily take place are listed below:

Patrick Henry Building 601 D Street, NW Washington, DC 20530

Depositions may occur within the local commuting area of 50 miles.

2.2 Deposition Transcripts

a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two (2) business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply within one (1) day confirming it received the work order by returning the signed work order form or other form of written acceptance as may be agreed upon by the USAO. The Contractor shall include with its confirmation of the work order the name of the stenographer court reporter (or videographer, if applicable) who will be in attendance. Any change to the reporter assigned shall be communicated by the Contractor to the USAO not later than four (4) hours prior to the session. In the event a deposition is continued for more than one day, the Contractor will make reasonable efforts to assign the same personnel for each continued segment of that given deposition. Should the Contractor not be able to provide the same personnel for any reason, it shall notify the USAO at least four (4) hours before the scheduled session and include the name of the replacement personnel who will be assuming the next day’s session.

b) Original Transcripts. Unless otherwise stated, depositions shall be typed and delivered within the turnaround times as set forth below. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in the Pricing Schedule of this contract.

i. Rough Draft: An unproofread version of the deposition transcript delivered electronically within 2 hours of the end of the deposition, to be used for augmenting notes and preparing for other depositions in the case that will be occurring prior to the final transcript being delivered. This reduces the need to order expedited final transcripts at a higher price point. May not be appended to legal pleadings. There may be misspellings of proper nouns and there is no caption page, appearance page or index included.

ii. 10 Business Day Transcripts: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the deposition. A regular transcript shall be delivered to the USAO of each witness’s testimony, only when requested by the USAO. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO.

iii. 5 Business Day Transcripts: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings.

iv. 3 Business Day Transcripts: Transcripts shall be completed and delivered on or before the 3rd business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings.

v. Next Business Day Transcripts: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after

15JA0525Q00000057 Page 4 of 9 normal business hours. The Contractor may not be notified in advance of the testimony of this requirement.

vi. Same Business Day Transcript: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement.

vii. Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11-inch page and shall be delivered in .pdf or. ptx format. All condensed transcripts shall be completed and delivered to the USAO, as ordered, within the same turnaround times as set forth for delivery of an original transcript.

viii. Key Word Indexing: The keyword index gives an alphabetical listing of each word within the transcript and provides a page and line reference.

ix. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above.

x. Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in the Pricing Schedule of this contract. This fee is payable for each hour the Contractor's videographer records a scheduled proceeding. The minimum charge for any single day is three (3) hours. The videographer is not paid during a lunch break. This hourly fee shall account for the price of the videotape/recording itself.

xi. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in the Pricing

Schedule of this contract. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 9:00am to12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours for each session day. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid either: the cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher.

xii. Cancellation Fee. The Government will notify the Contractor by telephone of any cancellations not later than 5:00PM ET the day before the scheduled proceedings. If the Government does not notify the Contractor within the designated time, the cancellation fee applies.

xiii. Delivery. Deposition transcripts shall be delivered via USAfx via the Government secure platform USAfx unless otherwise directed to be submitted in an email pdf sent directly to a designated attorney and/or paralegal.

c) Depositions Travel and Per Diem Reimbursement Restrictions:

When services are required within a 50-mile radius of the locations listed in Section 2.1(b) the Contractor shall not be entitled to travel cost reimbursements. Travel required outside the 50-mile radius may be requested by the Government not later than 5:00PM ET five (5) business days prior to the proceedings, inclusive of location for the deposition and anticipated work hours needed. Any travel associated with these depositions occurring outside the 50-mile radius shall be pre-approved in writing by the Contracting Officer’s Representative or Contracting Officer prior to traveling. Failure to obtain prior written authorization may result in rejection of invoice(s) for travel costs. Travel expenses, if prior approval was received, shall be reimbursed in accordance with the Federal Travel Regulations (FTR). The FTR can be found at this address: www.gsa.gov.

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d) Certification. Each reporter shall attach an official certification to the original transcript recorded as follows:

CERTIFICATE

I, (NAME OF REPORTER), a Shorthand Reporter and a Notary Public, do hereby certify that the foregoing witness, (NAME OF WITNESS), was duly sworn on the date indicated, and that the foregoing is a true and accurate transcription of my stenographic notes and is a true record of the testimony given by the foregoing witness.

I further certify that I am not employed by or related to any party to this action by blood or marriage and that I am in no way interested in the outcome of this matter.

In witness whereof, I have hereunto set my hand this day of , 20 .

There shall be no charge for either this certification page or any index page if used.

2.3 Remote Depositions

An ever-increasing number of depositions are conducted remotely. The District of Columbia reserves the right to require performance of remote depositions under the included itemized lines in the Schedule when these services are required. The Contractor shall be ready and equipped to fully support all facets of remote depositions the same as if the depositions were to occur in person.

Stipulations for remote depositions. [Fed. R. Civ. P.] Rule 30(b)(4) allows parties to stipulate that a deposition be taken by “telephone or other remote means.” If everyone is not in the same room, the Contractor shall put an appropriate stipulation on the record at the beginning of the deposition, indicating that the deposition is being taken remotely and indicating where each participant is located. The deposition is considered to be taking place where the deponent is located, and if the deponent is not in the same room as the court reporter, the court reporter’s administration of the oath to the witness must include alternate language. A sample stipulation may include the following language:

We understand that notary laws may not permit the court reporter to administer an oath to the witness if they are not in the same location. [As such, counsel agree that the reporter will not administer the oath.

Instead] or [In addition to the oath given by the court reporter], the witness will verbally acknowledge the following: “Do you solemnly swear or affirm under penalties of perjury that the testimony you will give in this matter will be the truth, the whole truth, and nothing but the truth?” The parties agree that nothing about this process will impair in any way the use of this deposition as otherwise permitted by the Federal Rules of Civil Procedure. Prior to administering of the oath, the court reporter is required to positively verify the identity of the witness. The witness should be required to have positive identification (s)he can produce or have opposing counsel verify and stipulate to the identity of the witness.

Remote depositions are occasionally required and will be coordinated by District personnel using DOJ’s video teleconference systems.

Remote Notarization. Each state’s notarization laws are different and may only apply to specific proceedings.

The Contractor must check with the State Notary, Secretary of State, or other regulatory agency for the state’s specific remote notarization or oath administration laws. Court Reporters shall have State or National Certification as required to swear in witnesses for sworn testimony.

2.4 Recording Requisites

a) All court recording taken by the Contractor shall be taken by reporters qualified in the operation of Steno-type equipment with real time recording. When permitted by the Presiding Official, Computer Aided Transcription (CAT), shorthand, and Steno mask may be authorized. At the request of the USAO, recording shall also be

15JA0525Q00000057 Page 6 of 9 taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate immediate real time read back capability during the session itself, and that a back-up system be utilized.

i. Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. Real-time transcription is the live, instantaneous translation of spoken testimony into written text during a deposition or legal proceeding. As the stenographic court reporter types in shorthand on their stenotype machine, specialized software translates it into readable English in real time, which is streamed directly to the attorney’s connected devices. This method shall be used for both in-person and remote depositions.

ii. Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. Also, a back-up voice tape is made so that a re-verification can be made of the transcript.

iii. Video Recording. If a videographer is required, the USAO will determine video formatting (DVD, CD, VHS or other recordable media) and include such designation in the work order notice at least two (2) business days prior to the scheduled proceedings.

b) The Contractor personnel assigned to the proceeding, shall report to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, and matters of like character.

c) Depositions shall be taken by a reporter who is a duly authorized notary for the State or District in which the deposition is held. Contractor and its personnel shall be familiar with, and experienced in, performing court reporting and deposition transcription services IAW the Federal Rules of Civil Procedure and United States Code Title 28, as applicable, to USAO proceedings Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and specifically Rule 30(e), which provides in pertinent part as follows:

"If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed."

d) Everything spoken pertaining to the subject matter of the deposition shall be reported, unless the Presiding

Official otherwise directs. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs.

e) All notes, records, documentary exhibits, and any other material which is a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise instructed.

f) Right to Remove Individual Contractor Personnel - It shall be an absolute right of the USAO to inform the

Contractor through the Contracting Officer of the unacceptability of any specific court reporter(s) and/or videographer(s) for Deposition work at any time during performance under this Contract.

2.5 Transcript Format

a) A separate transcript shall be provided for each deponent. The title page shall show the name of the deponent, time of the commencement of the proceeding for that particular individual, docket number, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the deposition, etc. and shall be followed by a page of distinctive color indexing the exhibits where applicable.

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b) The paging of the transcripts shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc., and the paging of the transcript in a hearing shall follow consecutively the paging of the last previous hearing in the same case.

c) All transcripts shall be 8 ½ inches x 11 inches in size, with a ruled margin of 1 ¾ inches at the left side and 3/8 inch at the right side. Typing shall be 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness’s name, date of testimony, and page number. The lines of testimony are to be numbered on each page beginning with #1. These numbers will appear justified to the left of the left ruled margin. Whenever testimony is continuous, requiring more than one line, the typing shall begin one blank space after the left-hand ruled margin and shall continue to the right-hand ruled margin, with no blank spaces. The distance between the left-hand ruled margin and the right-hand ruled margin will be 6 3/8 inches. Therefore, there will be no less than 60 characters per line available. No word should wrap to the next line that would properly fit within the 60 counts. Pages necessarily containing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines to the page. The first line of questions and answers (Q&A's) will be indented 5 spaces, then followed by a period and 3 blank spaces. The second line will return to one blank space after the left-hand ruled margin. The first line of colloquy will be indented 10 spaces, followed by a period and 3 blank spaces. The second line will return to one blank space after the left-hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an additional line. There should be no unnecessary blank lines unless necessary for readability.

Reduced page transcripts (Condensed Transcripts) shall include four transcript pages in reduced format on a single 8 ½ x 11inch page.

d) Exhibits admitted in evidence, identified in a deposition proceedings, when requested by the Government shall be stamped, marked, and numbered by the Contractor; and arranged in numerical order, as directed by the individual Assistant U.S. Attorney (AUSA) and shall be annexed to the deposition transcript. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photo static copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs.

2.6 Reports

The Contractor shall maintain and keep available for review by the USAO a master index of the Deposition sessions, including the date, name of Deposition, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter. At the conclusion of the Contract these records shall be turned over in their entirety to the Government or destroyed as directed by the USAO.

2.7 Orders

a) The Contracting Officer will provide funding at the Task Order level on Standard Form 1449, which will state the ceiling amount of funding available for each ordering period (see Section 2.8(d) below). Services to be furnished will subsequently be ordered by the issuance of work orders (see Attachment 2).

b) All work orders issued hereunder are subject to the terms and conditions of this contract which shall take precedence in the event of conflict with any work order.

c) All work orders placed under this contract will typically contain the following information:

i. Date of Order

ii. Order Number

iii. Description of Service

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iv. Place of Performance

v. Primary Point of Contact of the work order

A sample Court Reporting Ordering Form is located in Attachment 2.

d) In accordance with FAR 52.212-4 Alt I (i), the Contractor shall provide requisite notification in the event expenditures are expected to exceed 85% of current funding ceiling. Performance undertaken by the Contractor which exceeds the funded contract ceiling amount is done at the sole risk of the Contractor.

2.8 Key Personnel

a) The key personnel whom the Contractor shall furnish for the performance of this contract are as follows:

Stenographer Court Reporter Name: TBD Title: Court Reporter

Videographer: Name: TBD Title: Videographer

b) The personnel specified above is/are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and COR reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. Substitution personal must demonstrate equal to or better than the qualifications of the personnel proposed at time of contract award. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

2.9 Contract Administration Data

The Contracting Officer for this contract is:

Jonathan Mayfield Executive Office for US Attorneys Deputy Assistant Director of Acquisitions Desk: 202-252-5403 Jonathan.Mayfield@usdoj.gov

The Contracting Officer’s Representative (COR):

Perla McKay Executive Office for U.S. Attorneys Acquisition Staff Desk: 202-252-5417 Perla.McKay@usdoj.gov

Written communications shall make reference to the contract number and shall be emailed to Jonathan.Mayfield@usdoj.gov and Perla.McKay@usdoj.gov.

2.10 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act. Invoices shall be submitted monthly by the 1st day of the following month. Invoices shall only be submitted after services have been rendered and accepted. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4(g). In addition, the following information must appear on the invoice:

• Date service was performed

• Location service was performed

• Attorney’s Name

• Deposition Number mailto:Jonathan.Mayfield@usdoj.gov mailto:Perla.McKay@usdoj.gov

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• Name of witness

• Number of pages, as applicable

• Applicable CLIN(s), unit price(s), quantity(ies)

• Contract and Task Order Number

Invoices shall be submitted to electronically to the invoicing mailbox to Financial Division at USADC.acctspayable@usdoj.gov. All follow-up invoices shall be marked “Duplicate of Original.”

Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order

2.11 Notice to Proceed

Within ten (10) calendar days after the contract award, the USAO will furnish the Contractor with personnel security application forms. The Contractor shall complete and return to the COR all personnel security application forms within seven (7) calendar days after receipt. After a sufficient number of Contractor Personnel are cleared by the Government, a notice to proceed will be issued by the Contracting Officer or the Contracting Officer’s Representative specifying a performance start date.