Attachment 1 - Description of Services.pdf

15JA0522Q00000029 Attachment 1

Chicago and Rockford Illinois

Section B – Supplies or Services and Prices/Costs

B.1 General

(a) The Contractor shall provide Grand Jury and Deposition Court Reporting Services for the United States Attorney’s Office (USAO) Southern District of Illinois (USAO-ILS).

(b) The contract will be an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract with fixed pricing units. The contract will consist of a one (1) year Base Period with four (4) one-year Option Periods, for a total contract term not-to-exceed five (5) years, unless otherwise extended under the authorities at FAR Clause 52.217-8 Option to Extend Services. Work under this contract is expected to commence on April 1, 2022.

(c) Multiple awards may result from this solicitation. An award may be made for grand jury services only, deposition services only or both. This decision is made at the unilateral discretion of the Government. Offerors must propose on all work as specified in the solicitation. Offerors that do not propose on all work (Grand Jury AND Depositions) will be ineligible for award.

(d) Government Furnished Property will not be provided for this requirement however, space will be provided.

(e) The Service Contract Labor Standards Act and associated Wage Determinations (WD) are applicable to this Contract and all resultant task orders. The current WD(s) are as follows:

a. East St. Louis & Fairview Heights

i. WD #2015-5075, Revision Number 20, Published Date December 27, 2021.

b. Benton

i. WD #2015-5067, Revision Number 19, Published Date December 27, 2021.

(f) The Government requires the following for this effort:

- Minimum number of required court reporters:

o Three (3)

- Maximum number of required court reporters:

o Five (5)

- Minimum number of required videographers:

o One (1)

- Maximum number of required videographers:

o Three (3)

B.2 Minimum Guaranteed Amount

(a) The USAO will order a minimum guaranteed amount of $5,000.00 during the life of this contract. The minimum amount is NOT reestablished with each ordering period.

B.3 Pricing

(a) All unit prices are fixed unit prices that include ALL costs (including, but not limited to: labor (including supervision), material, equipment, facilities, fringe benefits, overhead, delivery fees, travel, G&A, and profit) necessary to provide the Grand Jury and Deposition Court Reporting services required in the solicitation.

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

a. Benton:

i. Under normal Circumstances, Grand Jury occurs once a month, on the first Tuesday of each month Monday-Thursday. Each session generally lasts about eight (8) hours.

ii. Under normal circumstances, deposition sessions generally last about three (3) hours.

b. East St. Louis:

i. Under normal Circumstances, Grand Jury occurs once a month, on the third Tuesday of each month. Each session generally lasts about eight (8) hours.

ii. Under normal circumstances, deposition sessions generally last about three (3) hours.

c. Combined:

i. Historically, the average number of Grand Jury proceedings per year has been 36.

ii. Historically, the average maximum number of simultaneous proceedings has been 1.

iii. Historically, the average number of depositions per year has been 150.

(c) Under normal circumstances, travel reimbursement will not be paid. The offerors will be expected to incorporate their anticipated cost of travel into their price proposal. Travel shall be paid if normal site location(s) have to be moved to alternate locations outside of a 50-mile radius of original location. The Contractor shall follow all Federal Travel Regulations (FTR). See Section C.2(b)(13) and section C.3(b)(13) for detailed exceptions.

(d) When providing pricing in Section 2, Commodity or Services Schedule, of this solicitation state the price for the Contract Line Item Number (CLIN) based on the description of work. ONLY include asterisks with exceptions or comments if:

a. The requested service is offered under a different name and/or;

b. There are additional costs associated with a requested service and these additional costs are not identified in the CLIN schedule.

(e) If a CLIN is no charge, state N/C (instead of stating zero) in Unit Price Column. NA’s are not acceptable, all CLIN items are required.

Section C – Description/Specifications/Statement of Work

C.1 Work Statement

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

(b)The location(s) of the courthouse(s) where Grand Jury and Deposition proceedings may be required are listed below. In rare instances, services may be required at an alternate location.

East St. Louis Office: Fairview Heights Office: (depositions only) 750 Missouri Avenue 9 Executive Drive East St. Louis, IL 62201 Fairview Heights, IL 62208

Benton Office:

301 West Main Street Benton, IL 62812

C.2 Grand Jury Transcripts

(a) Scheduling of Grand Jury: The USAO will notify the Contractor of the requirements for attendance at a Grand Jury no later than one business day before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating they have received the work order by returning the signed work order form or other form of written acceptable as may be agreed upon by the USAO and Contractor and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a Grand Jury session is continued for more than one day, the Contractor will make reasonable efforts to assign the same court reporter for each continued segment of that given Grand Jury session. Should the Contractor not be able to provide the same court reporter, it will notify the USAO authorized Point of Contact before the Grand Jury session that another court reporter will be providing the court reporting services.

(b) Original Transcripts. Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the turnaround times as set forth below. All Grand Jury transcripts shall contain (at a minimum) a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government. The title page should also include the Grand Jury number of the case, i.e., 07 GJ 999, and the name of the Federal Grand Jury that the witness is appearing before. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract.

1. Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the Grand Jury. 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.

2. Intermediate: 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.

3. Daily: All daily Grand Jury transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours.

The Contractor may not be notified in advance of the testimony of this requirement.

4. Expedited: 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.

5. Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11inch page. 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.

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

7. 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.

8. Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in Section B 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.

9. Attendance Fee. The Contractor is entitled to an Attendance Fee as set forth in Section B of this contract. The fee is payable for each hour the Contractor's reporter appears at a scheduled proceeding. 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 9:30am to 4:30pm with a thirty (30) minute to one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. The Contractor will generally be asked to report at 9:00am and be dismissed at 5:00pm. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. 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 Grand Jury 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 one (1) cancellation fee or be paid the number of hours the reporter was available (charged at the Grand Jury Attendance Fee hourly rate), whichever is higher.

10. Cancellation Fee. The Contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the USAO does not notify the contractor within the designated time, the contractor may request a cancellation fee.

11. Other Requirements. As follows:

a. A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the USAO requests it.

b. Each witness' testimony shall be in a separate transcript.

c. If prior to the production of a transcript the USAO requests that no transcript be produced, charging for estimated pages shall NOT be allowed. Only the Attendance fee will be paid.

d. Grand Jury transcripts may not be sold to anyone other than the Government under any circumstances.

12. Delivery: Grand Jury transcripts shall be delivered as instructed by the individual Assistant U.S.

Attorney. See Section H.7 for acceptable delivery methods.

13. Grand Jury Travel and Per Diem Reimbursement Restrictions:

The Contractor(s) shall not be entitled to travel, mileage and per diem reimbursements to and from the location for Grand Jury Reporting and hand delivery of Grand Jury transcripts. In rare instances when travel is required to an alternate location outside of a 50 mile radius of the location(s) identified in section C.1(b). Reimbursement will be made in accordance with the Federal Travel Regulations. Federal Travel Regulations can be found at this address: www.gsa.gov.

14. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows:

CERTIFICATE

(I, We) hereby certify that the foregoing is a true and accurate transcript, to the best of (my, our) skill and ability, from my stenographic notes of this proceeding.

Date Court Reporter

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

C.3 Deposition Transcripts

(a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place, and time of the session. The Contractor shall reply stating they have 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 and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO 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 court reporter for each continued segment of that given deposition. Should the Contractor not be able to provide the same court reporter, it will notify the USAO before the scheduled session that another court reporter will be providing the court reporting services.

(b) Original Transcripts. Unless otherwise stated, depositions shall be typed in an original 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 Section B of this contract.

1. Regular: 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.

2. Intermediate: 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.

3. Daily: 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 normal business hours.

The Contractor may not be notified in advance of the testimony of this requirement.

4. Expedited: 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.

5. Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11inch page. 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.

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

7. 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.

8. Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in Section B 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.

9. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in Section B 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. 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 Deposition 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 one (1) cancellation fee or be paid the number of hours the reporter was available (charged at the Deposition Attendance Fee hourly rate), whichever is higher. The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee.

10. Cancellation Fee. The contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the Government does not notify the contractor within the designated time, the contractor may request a cancellation fee.

11. Other Requirements. As follows:

a. A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO.

b. Each witness' testimony shall be in a separate transcript.

12. Delivery. Deposition transcripts shall be delivered as instructed by the individual Assistant U.S.

Attorney.

13. Depositions Travel and Per Diem Reimbursement Restrictions:

The Contractor(s) shall not be entitled to travel, mileage and per diem reimbursements to and from locations within a 50 mile radius of the location(s) identified in section C.1(b). When travel is required to a location outside of a 50 mile radius of the location(s) identified in section C.1(b), travel reimbursement will be made in accordance with the Federal Travel Regulations. Federal Travel Regulations can be found at this address: www.gsa.gov.

14. Certification. Each reporter shall attach his/her official certification to the original transcript so 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.

C.4 Remote Depositions

(a) Depositions may be conducted remotely at the USAO’s request. If the USAO requests, the Contractor shall host the remote deposition using an authorized online platform reasonably accessible to the USAO and other parties. Authorized online platforms include Zoom, Microsoft Teams, Adobe Connect and/or LiveLitigation. The Contractor’s hosting obligations shall include allowing the appropriate parties access to the remote deposition while it is being conducted; preventing unauthorized parties from accessing the remote deposition while it is being conducted; allowing sufficient time for remote access to the platform in advance of the deposition for parties to test connectivity, audio and video; receiving exhibits electronically in advance or during the deposition; and publishing exhibits electronically to the deposition participants during the deposition, as requested.

(b) Remote Depositions Transcripts. The Contractor shall produce an original transcript consistent with the requirements for non-remote depositions as outlined in section C.3(b)(1) through C.3(b)(14) as applicable.

C.5 Electronic Transcript Delivery

Transcripts shall be delivered as instructed by the individual Assistant U.S. Attorney. Grand Jury information shall only be transmitted electronically via USAfx. (Preferred method). The USAO will create an account to enable this. All other electronic means are prohibited and shall not be used. The electronic transmission of grand jury information is only permitted within and between the USAOs and other DOJ components within the usdoj.gov email domain, and then only to those persons authorized access. If grand jury information is classified, transmissions require classified methods such as secure facsimile or email via a system authorized for classified processing.

C.6 Recording Requisites

(a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi- Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape.

Monitored Multi-microphone Recording Systems. The mandatory requirements follow:

• The Contractor's personnel shall operate and monitor the recording equipment at all times.

• The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating.

• The recording equipment utilized shall provide for the instant playback of testimony.

• The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness.

• The system utilized shall have a back-up system to allow continuous recording of speakers. The

Grand Jury hearings shall not be stopped for any reason such as the changing of a tape.

• The media shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers.

• The system shall be portable to allow for transportation of media to another location when an immediate decision is required by a Federal District Court Judge.

• The recording monitor shall be able to identify speakers.

• A back-up system shall be available so as not to delay the proceedings.

• The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason.

Steno mask Recording is not permitted.

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.

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.

Video Recording. The USAO will determine video formatting, DVD, CD, or other recordable media.

(b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he/she 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 Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. 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."

The Contractor must give the USAO its copy prior to the witness being presented their testimony. The USAO may choose to present the deposition to the witness. In the event further information is desired, the above referenced volume is a part of the United States Code, Title 28 and may be found at any public library.

(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 Reporter - It shall be an absolute right of the USAO to inform the Contractor through the Contracting Officer of the unacceptability of specific court reporters for Grand Jury or Deposition work. The failure of the Contractor to provide a court reporter other than one designated unacceptable by the USAO shall provide a basis for the USAO's decision to obtain court reporting services from another source.

C.7 Transcript Format

(a) A separate transcript shall be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury date, time of the commencement of the proceeding for that particular witness, 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.

(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) Each copy of the transcript furnished to the USAO shall be bound with covers of good quality, white or colored 140 pound index paper, 1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature.

(d) All transcripts shall be typed with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, 30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on paper8 ½ inches x 11 inches in size, with a ruled margin of 1 3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10spaces 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 just 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 than60 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. 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 25lines to the page. The first line of Q and 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 absolutely necessary for readability. The USAO will be the sole judge of this format.

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

(e) Exhibits admitted in evidence, identified in a deposition, or in Grand Jury proceedings, when requested by the Government attorney shall be stamped, marked, 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.

C.8 Availability/Sale of Transcripts

(a) Recording of proceedings shall be transcribed by the Contractor only when directed by the USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein.

Transcripts will not be made available to the public by the Contractor.

(b) Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication.

C.9 Reports

(a) The Contractor shall submit immediately, in writing, to the Contracting Officer and the USAO the following reports:

• Unauthorized Entry. A report on any information coming to his attention concerning unauthorized entry (actual, attempted, or threatened) at his facilities where work for the USAO is performed.

• Loss, Compromise or Suspected Compromise. A report on any loss, compromise or suspected compromise of transcripts, notes or other related material.

• Any change of ownership, including stock transfers that affect the control of the corporation.

• Change of operating or address of the facility.

• A report of any change during the performance of the contract in location of closed or restricted areas as established, including the creation of any new areas requiring approval of the United States Attorney

(USA).

• A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard.

(b) The Contractor shall also maintain and keep available for review by the USAO a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter.

C.10 Orders

(a) The Contracting Officer will provide funding at the Task Order level on Optional Form 347, which will state the amount of funding available for each option period. Services to be furnished will subsequently be ordered by Authorized Individual(s) of the USAO listed in Attachment (2).

(b) All work ordered hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order.

(b) All work orders placed under this contract must contain the following information:

(c) The Contractor shall notify the COR named in Section G.1 whenever it believes that costs incurred will exceed 85% of the funding amount specified on Optional Form 347.

C.11 Key personnel

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

Name: To be Determined Title: To Be Determined

(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. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

C.12 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.

Section D – Packaging and Marking

All information and submittals, including receipts, forms, reports, and other materials provided to the CO or the COR shall be clearly marked with the contract number as follows:

EOUSA Contract Number: 15JA0522CXXXXXXXX (TBD at time of award)

Section E – Inspection and Acceptance

Final inspection and acceptance of work performed, reports, and other deliverables will be performed by the COR.

Section F – Deliveries or Performance

F.1 Period of Performance

(a) The period of performance will consist of (1) base period and (4) option periods as follows:

Base Year 04/1/2022 – 3/31/2023

Option Period 1 04/1/2023 – 3/31/2024

Option Period 2 04/1/2024 – 3/31/2025

Option Period 3 04/1/2025 – 3/31/2026

Option Period 4 04/1/2026 – 3/31/2027

If FAR 52.217-8 is exercised, the contract will be extended to the date that is established by the Contracting Officer.

F.2 Place of Performance

(a) Grand Jury sessions will take place at:

Benton Office:

301 West Main Street Benton, IL 62812

East St. Louis Office:

750 Missouri Avenue

East St. Louis, IL 62201

The place of performance for depositions will be determined at the time services are ordered.

F.3 Performance Standards

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in this Statement of Work will be conducted jointly by the COR and the Contracting Officer and shall form the basis of the Contractor's permanent performance record with regard to this contract.

Section G – Contract Administration Data

G.1 Justice Acquisition Regulation (JAR) 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014)

(a) (Vilma Stark, 9 Executive Drive, Fairview Heights, IL 62208), is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b)The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c)The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

G.2 Administrative Contracting Officer

The Contracting Officer for this contract is:

Charmella Ware Executive Office for US Attorneys Acquisitions Staff 175 N Street NE, Suite 6.0000 Washington, DC 20530

Written communications shall make reference to the contract number and shall be emailed to charmella.ware@usdoj.gov or mailed to the above address.

G.3 Payment/Invoice Requirements

(a) 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 on the last day of the month. 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

• Grand Jury Number (for Grand Jury only)

• Name of witness

• Number of pages

• Cost per page

• Call Number

(b) Invoices shall be submitted to the address shown in block 21 of the OF 347.

(c) All follow-up invoices shall be marked “Duplicate of Original.”

G.4 Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order.

Section H – Special Contract Requirements

See the following:

1. EOUSA AI-10-1D

2. EOUSA AI-10-1E

3. DOJ-01

4. DOJ-02

5. DOJ-03

Section L (cont’d) – Instructions, Conditions, and Notices to Offerors or Respondents

52.212-1 Instructions to Offerors -- Commercial Items (Sep 2021)

(a)North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees if the acquisition is:

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(12) Complete the RFP check list as provided in Attachment 3;

(13) Do not alter or delete any preprinted information from SF-1449;

(14) Proposals are due to the Acquisitions Office by 6:00 pm EST on March 03, 2022. Proposals submitted in response to this Request for Proposal will only be received in the following manner: via email to charmella.ware@usdoj.gov. All eligible, responsible sources may submit a proposal, which shall be considered. Proposals that are submitted late will not be evaluated. Questions may be emailed to Charmella Ware no later than February 21, 2022. At the Government’s discretion, questions may or may not be answered; questions that are answered may be provided to all prospective offerors. Telephone calls/voicemail will not be accepted or acknowledged; and

(15) All proposals/quotes will be evaluated on the following evaluation criteria:

Technical Volume

1. Proposed Key Personnel 2.Past Performance 3.Experience

Price

All proposals/quotes shall be broken out into FOUR separate volumes and contain the following information:

(A)Volume I: Proposed Key Personnel

Provide resumes of prospective key personnel. The proposed key personnel are the court reporters that will perform the tasks identified in the Statement of Work, to include a videographer (as applicable).

The resume(s) shall demonstrate the key personnel’s qualifications to provide the requested services and demonstrate experience in projects of similar size, scope, complexity and results. The resume(s) shall list the Key Personnel’s security clearance level, training and certifications, if any. Provide up to three (3) professional references for each proposed key personnel that can provide past performance information related to the type of work described in the Statement of Work.

Key Personnel references must be clearly labeled “Key Personnel references” and be included in Volume I. If the key personnel do not have references, the offeror must so state (explicitly) in Volume I.

The Government will not consider proposals with less than the minimum number of required court reporters Identified in section B.1(f). If the offeror proposes more than the maximum number of court reporters, it will be at the discretion of the Contracting Officer to select the intended resumes for evaluation and award basis, up to the stated maximum number of court reporters.

The Contractor shall also submit a full list of ALL contractor personnel that will have access to grand jury material (proofreader, office manager etc.). See Section H, subsection 1(d).

(B)Volume II: Past Performance

Provide up to three (3) organizational past performance references for commensurate projects that are in progress or were completed within the last three (3) years of the Solicitation Issue Date (See Standard Form 1449, block 6). If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well.

Past performance references may be from commercial or federal/state/local government contracts;

however, similar support services performed for federal government customers generally will be considered more relevant than those done for commercial or state/local government customers. The Contracting Officer has the discretion to retrieve information via offeror supplied references, commercial sources and federal sources including, but not limited to: Contractor Performance Assessment Reporting System

(CPARS)

Organizational past performance references must be clearly labeled “Organizational References” and be included in Volume II. If the organization does not have references, the offeror must so state (explicitly) in Volume II.

The following information is required for each reference:

(a)Customer name and address.

(b)Point of contact (name, telephone number) for contractual/administrative matters and technical performance.

(c)Period of contract performance.

(d)Description of work performed.

If the prime contractor is submitting subcontractor(s) as part of the proposal/quote, include the subcontractor’s signed written consent to allow the Government to discuss subcontractor’s past performance with the prime contractor.

(C)Volume III: Experience

A summary of the Contractor’s organizational experience demonstrating the Contractor’s knowledge and ability to perform the duties and tasks reflected in the Statement of Work. This summary shall not exceed two (2) pages. Specifically address the type of recording method/equipment information being proposed and knowledge/ implementation of Grand Jury security measures and staffing accessibility.

If the offeror’s experience is not federal experience, the offeror must clearly demonstrate how its non-federal experience relates to the needs in the Statement of Work. The offeror must demonstrate the knowledge and understanding of the Government’s needs.

No more than two pages will be evaluated for purposes of award determination; if an Offeror provides more than a two page summary, only the first two pages will be evaluated.

(D)Volume IV: Price

Submit a price proposal as reflected in Section B to be evaluated for reasonableness. Remote Deposition (RD) CLINs 0013, 1013, 2013, 3013 and 4013 are reserved for Attendance/Setup Fee only. Include a separate price schedule for additional fees associated with providing remote depositions. These additional fees shall be multiplied by (200) which represents the estimated quantity of remote depositions per RD CLIN. The price volume shall include the extended total for each CLIN.

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(c)Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified…