Attachment 1 - Description of Services.pdf

15JA0522Q00000050 Attachment 1

Supplies or Services and Prices/Costs

1. General

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

(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 June 2, 2022.

(c) A single award may be made to one offeror for all three locations or an award may be made for each location.

Offerors must clearly indicate which location they wish to be considered for in their quotations.

(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 order. The current WD(s) are as follows:

a. Eugene

i. WD #2015-5569, Revision Number 15, Published Date December 27, 2021.

b. Medford

i. WD #2015-5571, Revision Number 15, Published Date December 27, 2021.

c. Portland

i. WD #2015-5563, Revision Number 15, Published Date December 27, 2021.

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

- Minimum number of required court reporters:

o Eugene – (1) o Medford – (1) o Portland – (5)

- Minimum number of required videographers:

o Eugene – (1) o Medford – (1) o Portland – (3)

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. If more than one award is made, each contract will have a minimum guaranteed amount of $5,000.00 during the life of each contract.

3. Pricing

(a) All unit prices are fixed unit prices that include ALL costs (including, but not limited to labor (including

Eugene, Medford, and Portland, Oregon 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. Eugene:

i. Under normal Circumstances, Grand Jury occurs 1 to 2 times a month, on the third Thursdays, and possibly Friday of the month. Each session generally lasts about four (4) to eight (8) hours.

ii. Under normal circumstances, deposition sessions are held within a 50-mile radius.

iii. Historically, the average number of Grand Jury proceedings per year has been 12-24.

iv. Historically, the average maximum number of simultaneous proceedings in a given day has been 4.

v. Historically, the average number of depositions per year has been 30.

b. Medford:

i. Under normal Circumstances, Grand Jury occurs once a month, on the first

Thursday of each month. Each session generally lasts about four (4) to eight (8) hours.

ii. Under normal circumstances, deposition sessions are held within a 50-mile radius.

iii. Historically, the average number of Grand Jury proceedings per year has been 12.

iv. Historically, the average maximum number of simultaneous proceedings has been 4.

v. Historically, the average number of depositions per year has been 35.

c. Portland:

i. Under normal Circumstances, Grand Jury occurs 3 to 9 times a month, on the first, second, and third Tuesday, Wednesday, and Thursday of each month. Each session generally lasts about four (4) to eight (8) hours.

ii. Under normal circumstances, deposition sessions are held within a 50-mile radius.

iii. Historically, the average number of Grand Jury proceedings per year has been 24-36.

iv. Historically, the average maximum number of simultaneous proceedings in a given day has been 4.

v. Historically, the average number of depositions per year has been 35.

(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) must be moved to alternate locations outside of a 50-mile radius of original location. The Contractor shall follow all Federal Travel Regulations (FTR).

(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. NAs are not acceptable, all CLIN items are required.

Description/Specifications/Statement of Work

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.

Wayne Lyman Morse US Courthouse 405 E. 8th Ave Eugene Oregon, 97401

James A. Redden U.S. Courthouse 310 West 6th Street Medford, Oregon

Mark O. Hatfield U.S. Courthouse 1000 SE 3rd Ave Portland, OR 97204

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. Delivery shall be electronically via USAfx the US Attorney’s Office Secure Cloud File Exchange. If there is a technological issue, delivery in paper format will be accepted. 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 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.

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. 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.

7. 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.

8. 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. If 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. If 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. The attendance fee shall include a copy of the days sound recording.

9. 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.

10. 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 testimonies 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.

11. Delivery: See Clause DOJ-3 – Personnel Security Requirements for Contractor Employees (Nov 2021).

12. 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.

13. 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.

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. Delivery shall be electronically via USAfx the US Attorney’s Office Secure Cloud File Exchange. If there is a technological issue, delivery in paper format will be accepted. 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 http://www.gsa.gov/ 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.

4. Expedited: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings.

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. 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.

7. 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.

8. 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. If 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. If 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. The attendance fee shall include a copy of the days sound recording.

9. 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.

10. 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.

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

Attorney.

12. 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.

13. 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.

4. Remote Depositions

The USAO 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 was 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, 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 taking place where the deponent is located, and if the deponent is not in the same room as the court reporter, there is an issue about the court reporter’s administration of the oath to the witness. 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.

(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 http://www.gsa.gov/ exhibits electronically to the deposition participants during the deposition, as requested.

* Remote depositions use a variety of tools, including but not limited to video conference calls, audio conferences, and software-based communication tools. Different court reporting firms provide different options for remote depositions. Nothing in this solicitation endorses one remote deposition method, product, or tool over another.

EOUSA and the USAO will check with the Systems Manager and/or Office of the Chief Information Officer to ensure that the court reporting firm's remote deposition software will not be blocked by the USAO security firewall. Furthermore, the USAO cannot download a court reporting firm's remote deposition application or software, but instead must participate via a web-based link.

* Please go to the Evaluation Factors section, Factor 1: Technical, C. Remote Depositions, to see the minimum requirements that Offerors must address regarding their remote deposition platform.

i. Before the Deposition:

The contractor shall:

• Establish a practice session to ensure all parties can enter the application and knowhow to use the features.

• Establish a secure upload site where the USAO can share exhibits with the Contractor.

• Load exhibits to the presentation application prior to the deposition.

ii. During the Deposition:

The Contractor Shall:

• Provide a remote Stenographer to swear in the witnesses, control the proceeding and capture the video recording.

• Separate from the role of the stenographer, a videographer is required to manage the live video streaming and record the video. The videographer can also ensure that the deponent remains in full screen during the deposition, pause the recording for off-the record discussions, and may add timestamps and/or transcript syncing to the final product.

• Provide technical support to assist with issues during the deposition and create breakout rooms.

• Upon request, provide synchronized video with the transcript.

iii. Post Deposition:

The Contractor Shall:

• Take custody of introduced exhibits for the final transcript.

• Upon request, provide synchronized video with transcript.

• Provide final transcripts within (14) days.

(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.

Delivery shall be electronically via USAfx the US Attorney’s Office Secure Cloud File Exchange. If there is a technological issue, delivery in paper format will be accepted.

(c) 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. Stenographers shall have State or National Certification as required to swear in witnesses for sworn testimony.

5. 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). System Manger will create an account to enable this. All other 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.

If USAfx is not utilized, then the following delivery method is required.

All Grand Jury Transcripts shall be delivered by contractor personnel, messenger service or overnight courier (e.g., Fed Ex). Transcripts must be double wrapped in two opaque layers. The inner envelope must state "Grand Jury Material Enclosed. To be opened by Authorized Personnel ONLY". Unauthorized viewing of this material is a violation of the law. Grand Jury information may be mailed ONLY if it is sent certified or registered.

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 always operate and monitor the recording equipment.

• 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, Digital,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 always 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.

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 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 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 more than 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 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.

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.

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.

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.

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

(d) 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.

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 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.

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.

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: 15JA0522DXXXXXXXX (TBD at time of award)

Inspection and Acceptance

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

COR.

Deliveries or Performance

1. Period of Performance

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

Base Year 06/02/2022 – 06/01/2023 Option Period 1 06/02/2023 – 06/01/2024 Option Period 2 06/02/2024 – 06/01/2025 Option Period 3 06/02/2025 – 06/01/2026

Option Period 4 06/02/2026 – 06/01/2027

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

2. Place of Performance

(a) Grand Jury sessions will take place at:

Wayne Lyman Morse US Courthouse 405 E. 8th Ave Eugene Oregon, 97401

James A. Redden U.S. Courthouse 310 West 6th Street Medford, Oregon

Mark O. Hatfield U.S. Courthouse 1000 SE 3rd Ave Portland, OR 97204

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

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 regarding this contract.

Contract Administration Data

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

(a) (TBD), 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 because 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)

2. Administrative Contracting Officer

The Contracting Officer for this contract is:

Jonathan T. Mayfield Executive Office for US Attorneys Acquisitions Staff

175 N Street NE, Suite 6.0000 Washington, DC 20530

Written communications shall refer to the contract number and shall be emailed to jonathan.mayfield@usdoj.gov or mailed to the above address.

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 for each work order by the 1st day of the following 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.”

4. Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order.

Special Contract Requirements

See the following:

1. EOUSA AI-10-1A

2. EOUSA AI-10-1D

3. EOUSA AI-10-1E

4. DOJ-01

5. DOJ-02

6. DOJ-03

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 mailto:jonathan.mayfield@usdoj.gov

(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 4:00 pm EST on April 4, 2022. Proposals submitted in response to this Request for Proposal will only be received in the following manner: via email to Jonathan.Mayfield@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 Jonathan Mayfield no later than March 18, 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. Technical/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.

mailto:Jonathan.Mayfield@usdoj.gov.

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). No more than five resumes will be evaluated for purposes of award determination; if an Offeror provides more than five resumes, only the first five will be evaluated.

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…