Attachment 5 EOIR Task Order 1 PWS.pdf

RFP NO. 15JPSS23R00000006

Attachment 5

Performance Work Statement for Transcription

Services for EOIR

“EOIR Task Order 1”

PWS for EOIR Task Order 1

Performance Work Statement

Transcription Services for EOIR

“EOIR Task Order 1”

1.0 Introduction

This Performance Work Statement (PWS) establishes the necessary transcription services required by DOJ’s

Executive Office for Immigration Review (EOIR).

1.1 Background

The Executive Office for Immigration Review (EOIR) was established in January 1983. The

Board of Immigration Appeals (BIA) hears appeals of decisions made in individual cases by

Immigration Judges, District Directors, or other immigration officials. The Immigration Judges are part of the Office of the Chief Immigration Judge (OCIJ) at EOIR. OCIJ has 68 immigration courts and more than 600 immigration judges throughout the United States. The immigration courts vary in size; there can be one to approximately 30 immigration judges per court.

Immigration Judges are responsible for conducting formal court proceedings, and act independently in their decision-making capacity; their decisions are administratively final, unless appealed or certified to the BIA. EOIR is currently transitioning from paper to electronic documents.

The Contractor shall have the capability to process all transcription requests electronically.

(a) For transcription purposes, EOIR is currently utilizing a combination of manual and electronic processes:

(1) For cases that had hearings before the complete transition to EOIR Digital

Audio Recording (DAR) and in other rare circumstances where the hearings are done on variable speed cassette tapes, the tapes used must be picked up at the Government site.

(2) Even if a case has tapes associated with it, the EOIR DAR and work packages are sent electronically.

Currently, regardless of the delivery mechanism for the medium (e.g., tapes or EOIR DAR) that contains the hearings, transcripts are expected to be returned electronically, and the paper copies are hand-delivered (i.e., delivered by contractor personnel rather than a courier or postman) to the

Government site. However, it is the intention of the Government to explore opportunities to implement a fully electronic process (except for rare circumstances), thus eliminating the need for paper for most work.

As EOIR is transitioning from paper to electronic documents and hearings are occasionally still recorded on tape, the Contractor is expected to perform both processes as needed, or a combination thereof. However, as EOIR moves toward a fully electronic process, the Contractor shall have the capability to process all transcription requests electronically. This includes the receipt of EOIR DAR and work packages and the electronic delivery of transcripts and invoices.

2.0 Scope of Work.

The Task Areas identified in the base award and covered by this order are as follows and further detailed in Paragraph 6 of this SOW:

The Contractor shall furnish all resources (labor, equipment, supplies, software, materials) necessary to deliver typed transcripts of Government-owned recordings of proceedings and/or immigration hearings on an as-ordered basis in 1) hard copy; 2) electronic format; or 3) both hard copy and electronic format. The contractor shall be responsible for obtaining all necessary licenses, permits and fees, and conformance with all laws, regulations, and ordinances applicable to performance under this contract.

It is anticipated that the work will be performed offsite or at the contractor site, unless otherwise requested by the government.

3.0 Objective

The objective of this Task Order is to obtain contractor support services for EOIR.

EOIR’s objective is to timely transcribe the immigration proceedings, as needed. Most of the transcript requests will be for appealed immigration proceedings. As the Agency moves toward a digital process and utilizing digital records, the contractor’s performance will require access to EOIR’s Transcription application which uses a secure DOJ/EOIR server, see section 4.3.

4.0 Description of Services.

All work to be performed under this contract will be specified in individual task orders issued under the contract and may fall under the following tasks.

General Tasks:

Task 4.1 Program Management

Task 4.2 General Requirements -EOIR

Task 4.3 Security and Privacy Risk Assessment

Task 4.4 Original Transcripts

Task 4.5 On-Site Transcription

Task 4.6 Transcription Format

Task 4.7 Accuracy of Transcripts

Task 4.8 Management of Transcripts and Media

Task 4.9 Transcription Requests

Task 4.10 Contract Phase-In

Task 4.11 Contract Phase-out

4.1 Program Management - The Contractor shall provide all management, administration, staffing, planning, scheduling, equipment, procurement, storage, etc., necessary to provide the services required by the contract and/or task order (TO). The

Contractor is solely responsible for managing all the work performed under this contract and supervising all contracted employees. All the management and administration requirements described in Section 4.1 shall be provided within the unit prices contained in Attachment (1) and are not separately billable under the contract or any task order.

The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required hereunder. The Contractor’s Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The

Program Manager shall receive and execute, on behalf of the Contractor, all orders for work and technical direction as the COR and authorized ordering officials may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.

4.1.a Duties, Responsibilities, and Qualification Requirements:

A Program manager to be provided by the Contractor shall include, but not be limited to, the following duties and responsibilities. Additionally, the Program Manager shall have experience with the following items:

(1) Supervision of its contractor personnel and consistent and timely management of the support services to be provided under this contract.

(2) All activities associated with recruiting and hiring staff, such as advertising, screening applicants (to include security clearance requirements), interviewing, reference checking, etc.

(3) Maintaining “in-house” skills, teaming and/or subcontract arrangements to ensure that staff members with the requisite experience, skills and knowledge including training on privacy and confidentiality requirements are available on short notice.

(4) Providing and supervising sufficient numbers of effective transcribers.

(5) Assembling billing data and billing support (or justification) materials, including all time and materials needed for preparing any responses to Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not, etc.

(6) Tracking and reporting on Government furnished media. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, tracking, and reporting, including submitting breach notifications and ensuring compliance with DOJ breach notification requirements, etc. The Contractor shall reimburse the Government for any Government furnished materials lost or stolen while in the Contractor's safekeeping.

(7) All activities associated with managing subcontractors, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the confidentiality, privacy and security and other requirements of this contract, etc.

(8) Implementing and maintaining quality assurance and quality control systems to ensure that all contract and task order requirements are met throughout the term of the contract.

4.1.1 Personnel:

The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing, and controlling the work.

The Contractor shall ensure that each transcriber is proficient in grammar, vocabulary, and punctuation, and is familiar with legal terminology, legal citation, and have completed annual privacy and security training.

The Contractor shall make its best efforts to retain staff members who have gained experience on this contract, and to minimize staff turnover. Some contractors assigned to perform work under this contract will have access to DOJ facilities and IT systems. The contractors must be a United States citizens and have completed required annual DOJ privacy and security training and agree to the DOJ Rules of Behavior.

4.1.1.1 The Contractor shall ensure that individuals assigned work under this contract are knowledgeable of contract-specific issues such as confidentiality, privacy, and DOJ security requirements.

In addition, Contractor managers shall be educated in the terms and conditions of the contract. The

Contracting Officer (CO) and COR will meet with the contractor management personnel upon successful award to review these requirements and provide any necessary documentation.

4.1.1.2 The Government reserves the right to require the Contractor to reassign from this contract any Contractor employee(s) who is deemed incompetent, careless, unsuitable, or otherwise objectionable, or whose continued use under the contract is deemed contrary to the best interests of the

Government.

4.1.1.3 The Contractor shall remove any employee from performance of contract work within five (5) working days of receiving written notice from the CO that the employee's performance is unsatisfactory. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee.

4.1.2 Staffing Qualifications

The following minimum requirements apply to transcribers providing services under this order:

4.1.2.1 Certified by the American Association of Electronic Reporters and

Transcribers (AAERT); or a minimum of one year of experience transcribing, often without log notes, digital audio recordings of multi-channel courtroom or other fast-paced and sometimes lengthy legal proceedings involving multiple parties.

4.1.2.2 Knowledge of and experience with using transcription equipment and software to facilitate the transcription of digital audio recordings in which more than one speaker is speaking at once.

4.1.2.3 Strong customer service skills.

4.1.2.4 Attention to detail, the demonstrated ability to balance multiple priorities, adhere to detailed policies and procedures, meet strict deadlines, and maintain organized billing and other records.

4.1.3 Security Clearances: Each employee of the Contractor working under this contract is subject to the security clearance requirements as set forth in Section 4.10. Prior to assigning an employee to the contract, the Contractor must submit for that employee the completed forms as specified in Section 4.10. All contractors performing on this contract are required to obtain and maintain security clearance at the Public

Trust level.

4.1.3.1 The Contractor is responsible for screening all prospective employees for suitability for work on this contract as delineated in the Contractor's proposal. Guidelines for this screening function are also provided in Section 4.10.

4.1.3.2 The Contractor shall maintain a database of all personnel that have been subject to the security clearance requirements of this contract. At a minimum, the database shall include the full name, position, location, date forms submitted to COR, date clearance granted/denied, and clearance type. All information in the database shall be made available to the COR or CO upon request.

4.1.3.3 Materials must be stored in a locked room and/or container to protect Personal

Identifiable Information.

4.1.3.4 Materials must be transmitted by cleared courier or approved electronic means or be sent through the Defense Courier Service or an authorized government agency courier service.

4.1.4 Quality Control

The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste, or abuse.

The Contractor shall utilize a Quality Control (QC) System to ensure that services are completed in accordance with acceptable principles of internal control, and meet specified, acceptable levels of quality.

The operation of the Quality Control Program shall be described in a written Quality Control Plan, maintained, and made available to the COR. The Contractor shall maintain this plan, revise it as necessary throughout the life of the contract, and provide updated copies to the COR as necessary.

4.1.5 Post Award Task Order Meetings / Conferences. Technical meetings and/or post award orientation conferences may be necessary to resolve problems and to facilitate understanding of the requirements of the

Contract and/or of each awarded Task Order (TO). Records of these meetings/conferences shall be made by the Contractor and submitted to the

Government within five business days after conclusion of the meetings/conferences.

4.1.6 Periodic Government Inspections and Quality Control. As applicable to each transcription task order (TO), the Government has the authority to perform inspections and reviews to assure compliance and adherence to DOJ and Federal policy, standards, guidelines, and established

Industry best practices throughout the TO performance period. The Contractor shall be responsible for taking corrective action based upon the impact and severity of identified risks and weaknesses.

4.2 General Requirements-EOIR

The Contractor shall furnish typed transcripts of Government-owned and furnished recordings of immigration hearings. The hearings are primarily recorded on Government digital audio recording system and, when necessary, on cassette tapes using analog recording equipment. The Contractor shall provide, on an as-ordered basis, the transcription of immigration hearings and oral decisions or other recordings in hard copy and/or electronic format. The Contractor shall deliver the electronic deliverables to the

Government by any one of the following means, as designated by the COR:

-Secure Shell (SSH) File Transfer Protocol (SFTP)

-Server an electronic Portal or Gateway (e.g., via the

Internet) or

-on electronic media (e.g., a CD, thumb drive, etc.)

(a) Some of the language spoken in the hearing may be in a foreign language. There will be an interpreter present in the courtroom to interpret the foreign language into English. The Contractor is responsible for transcribing the English language portions of the hearings only. The Contractor shall transcribe verbatim everything that is spoken in English during the hearing unless the Immigration Judge or Appellate Immigration Judges direct otherwise. On occasion, the Immigration Judge may state the wrong hearing date; the contractor shall type the hearing date as reflected on the case summary sheet if provided.

(b) The Contractor shall provide sufficient equipment and personnel to perform required services in the time frame specified in the contract. The Contractor shall type, edit, and correct all transcriptions in accordance with the directions specified in Section 4.2. In safekeeping material to be transcribed as well as material that has already been transcribed, the Contractor shall perform the following:

(1) The Contractor shall ensure that personnel password protect files and software used to produce transcriptions, so that they cannot be accessed by unauthorized individuals.

(2) The Contractor shall provide total redundancy for its word processing/computer system to ensure no loss of data. Contractor word processing/computer systems shall not be used to access the Internet during the performance of services under this contract unless specifically required by the Government for that performance.

(3) The Contractor shall archive all transcripts on removable media (e.g., removable hard drives, diskettes, compact discs, thumb drives, etc.) for a period of five years after the hearing has been transcribed. The Contractor shall label the removable media with the appropriate data sensitivity level.

(4) At the end of the five-year period, the Contractor shall either destroy, degauss the data on the removable media or preserve and deliver the removable media to the Government in boxes grouped by year, at the Government's option and in accordance with the COR’s instructions.

(c) Transcribers shall not perform a final proofread or edit of their own work. The Contractor shall use one (1) transcriber per case; the transcriber shall use one (1) proofreader per case. For unusual situations, such as an extremely long transcript with an expedited (less than 20-day) delivery schedule, the Contractor shall obtain prior written permission from the COR to use more than one (1) transcriber on a case.

(d) The Contractor shall possess and use in the performance of this contract the following equipment:

(1) For analog tapes a SONY 147-BEC/T 4-channel transcriber, or equivalent, to interface with the EOIR’s BM-146/246 Sony court confer orders (4 track, 4 channel 250-7000 Hz for 4.8 cm/sec). To be considered equivalent, the Contractor’s transcribing equipment shall include, at a minimum, the following features, without modification to the original manufacturer’s specifications: Transcribing tape speeds of 1.2, 2.4, or 4.8 cm/sec. Tone and volume control in the play back mode Channel select buttons: ALL, CH-1, CH-2, CH-

3, CH-4 – Capability of play back of any mix of channels 1-4 Play back level indicators for channels 1-4 that energize in response to level of signals recorded on tape speed control slide to adjust the play back speed capable of functioning ONLY when a variable speech control switch is set to ON. Channel select switch capable of selecting channels to be played back or selecting a channel which is assigned to a particular person’s voice time control switch, enabling repetition of a few words of dictated material variable speech control switch, allowing play back of recorded tape at faster than normal speed without distorting the voice (i.e., increase to 80% faster than normal speed or decrease to 20% slower speed) and Does NOT have “Record” or “Erase” capability.

(2) Tapes shall be returned to Government simultaneously with the transcript.

(3) For Digital Audio Recordings (DAR), a personal computer (PC) capable of interfacing with DAR recordings via the RCplayer© software (or equivalent software authorized by the Government).

To process DAR recordings the Contractor must be able to use Secure File Transfer

Protocol (SFTP) software for accessing DAR recordings, have the capability to read DAR recordings on compact disk and have access to a USB foot pedal.

(e) The Contractor shall ensure that each transcriber uses a spell check verification word processing software package on every transcript. The transcribed data shall exactly match the official transcript, with page and line numbers in proper sequence, page by page, and line by line.

(f) The Contractor shall proofread 100% of each transcript prior to delivery. "Proofreading" is defined as sight reading of the entire transcript for errors or omissions. If the transcript contains errors, the Contractor (Proofreader) shall then audit 100% of the transcript to ensure accuracy. "Auditing" is defined as reading the transcript, line-by-line, while listening to the recording. All new transcribers will have their transcripts audited, until consistent quality is assured. Failure to follow these or like procedures could result in erroneous transcripts which the Government reserves the right to return to the

Contractor for retyping, at no expense to the Government.

(g) All costs associated with pick-up, and delivery shall be the responsibility of the Contractor.

The Contractor shall ensure that both the Program Manager and proofreaders are at the contractor site during the hours of operation specified in Section 10 below to make administrative decisions and transcript corrections whenever necessary, and that a "dedicated telephone line" is available to

Government during these core hours.

(h) Transcript(s) shall not be sold or given to any other entity or person other than the

Government entity issuing the TO.

4.3 Security and Privacy Risk Assessment

Most of the work performed on this contract requires access to the Government sever using the application eTranscription. Access to the Government server requirement a Security and Privacy Risk Assessment conducted by the Government Security Personnel. The contractor shall comply with all necessary documentation and actions needed to require approval.

4.4 Original Transcripts - Unless otherwise stated, the Contractor shall ensure all transcripts are typed in an original and delivered within the turnaround times as set forth below. Colloquy will not be transcribed unless requested by the DOJ.

i. 20 Business Day Transcripts: Transcripts will be completed and delivered on or before the

20th business day after the Contractor receives a request from the DOJ. Transcripts shall be delivered to the DOJ of each witness’s testimony, only when requested by the DOJ.

ii. 10 Business Day Transcripts: Transcripts will be completed and delivered on or before the

10th business day after the Contractor receives a request from the DOJ. Transcripts shall be delivered to the DOJ of each witness’s testimony, only when requested by the DOJ.

iii. 5 Business Day Transcripts: Transcripts shall be completed and delivered on or before the

5th business day after the Contractor receives a request from DOJ. This request will sometimes be made the same day as the proceedings.

iv. 3 Business Day Transcripts: Transcripts shall be completed and delivered on or before the

3rd business day after the Contractor receives a request from DOJ. This request will sometimes be made the same day as the proceedings.

v. Next-Business Day Transcripts: Transcripts shall be delivered before 9:30 am 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.

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

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

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

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

4.5 On-Site Transcripts - The Contractor shall provide a fully qualified on-site transcriber at EOIR headquarters or at a location specified by the COR within 24 hours of DOJ’s request for transcription services to be performed on-site. The Contractor shall ensure the transcriber has the appropriate security clearance and necessary equipment to transcribe the recordings on-site. The Government will provide the equipment or appropriate medium necessary to play the recorded proceedings.

4.6 Transcripts Format - The Contractor shall adhere to the following format when transcribing material for the Government:

(a) Paper Transcripts

(1) The Contractor shall complete all printed transcripts with black ink on one side of good quality, 20-weight, 8 ½" by 11" bond paper.

(2) The transcriber shall begin each transcript and subsequent individual hearings with a cover/title page containing the following information: judge’s name, the attorneys’ names, alien’s name and number, the location of the hearing, the hearing date, the interpreter's name, and the type of hearing. (i.e., exclusion, deportation, removal, rescission, or bond). The cover page shall not be numbered.

(3) The Contractor shall use Arial 12-Point type, double spaced, beginning 1.2" from the top of the page and continuing to 1" from the bottom on the page.

(4) The Contractor shall begin typing immediately ten spaces from the left side of the paper and continue to the right side of the paper within ten spaces (allowing for properly hyphenated words).

The lines of type shall be aligned with the printed numbers 1 through 25. The Contractor shall left-justify all transcripts.

(5) The Contractor shall number pages of the transcripts or other documents in consecutive order.

The Contractor shall type page numbers at the bottom center of each page of the transcript, numbering separately the immigration hearing and the Immigration Judge’s decision.

(6) For Immigration Court proceedings, the Contractor shall type the hearing date in the lower right-hand corner and the alien number in the lower left-hand corner of each page of the transcript on the same line as the page number. The Contractor shall not abbreviate dates. Reserved decisions should have no dates on the headers or the footers.

(7) The last page of the finished transcript shall be the certificate page, which shall appear as follows:

Certificate Page:

I hereby certify that the attached proceeding before Judge , in the matter of

[A #,XXX-XXX-XX]

[City],[State] was held as herein appears, and that this is the original transcript thereof for the file of the

Executive Office for Immigration Review.

(Signature of Transcriber) (Name of Transcriber)

Name of Transcription Company:

Address of Transcription Company:

Telephone # of Transcription Company:

(Completion Date)

(8) The Contractor shall two-hole punch each collated set (centered at the top of each page with holes 2 -7/8" apart) and assemble the set-in proper page number sequence. Cases having more than one hearing date are to be kept together. The final assemblage shall have the transcripts of the original case and its respective hearings bound together and one copy of the Immigration Judge’s decision.

(9) The Contractor shall fasten the original printed transcript with a rubber band. The Contractor shall ensure that the two-hole punches are aligned while fastening the transcript.

(10) The Contractor shall fasten the entire transcript, its corresponding copies (if any) and the “Tape

Transmittal Record (TTR)” envelopes together as one package.

(11) The Contractor shall affix a “Post-It” or equivalent tape flag to the last numbered page of the original, locating the flag at the bottom right corner.

(12) The Contractor shall affix barcode labels (when supplied by Government staff) on the backside of the certification page at the bottom-right.

(13) When additional copies are requested, the Contractor shall secure the photocopies to the original by a rubber band. The Contractor shall secure transcript photocopies of shorter lengths by paper clips.

(14) The Contractor shall use rubber bands with the following specifications:

(a) 1 pound;

(b) 7” length x 1/8” width; and

(c) Size 117

(b) Electronic Transcripts

The Government has created a manual (eTranscription Technical Specification for Vendors) with processes and technical information for the EOIR eTranscription application. Specifically, this document covers the technical and procedural interface between EOIR and transcription vendors for the EOIR eTranscription application.

(15) The transcriber shall begin each transcript and subsequent individual hearings with a cover/title page containing the following information: judge’s name, the attorneys’ names, alien’s name and number, the location, the hearing date, the interpreter's name, and the type of hearing. (i.e., exclusion, deportation, removal, rescission, and bond). The cover page shall not be numbered.

(16) The Contractor shall use Arial 12-Point type, double spaced, beginning 1.2" from the top of the page and continuing to 1" from the bottom on the page.

(17) The Contractor shall begin typing immediately ten spaces from the left side of the paper and continue to the right side of the paper within ten spaces (allowing for properly hyphenated words).

The lines of type shall be aligned with the printed numbers 1 through 25. The contractor shall left-justify all transcripts.

(18) The Contractor shall number pages of the transcripts or other documents in consecutive order.

The Contractor shall type page numbers at the bottom center of each page of the transcript, numbering separately the immigration hearing and the Immigration Judge’s decision.

(19) For Immigration Court proceedings, the Contractor shall type the hearing date in the lower right-hand corner and the alien number in the lower left-hand corner of each page of the transcript on the same line as the page number. The Contractor shall not abbreviate dates. Reserved decisions should have no dates on the headers or the footers.

(20) The contractor shall arrange the set of hearing transcripts in proper page number sequence.

Transcripts having more than one hearing date are to be kept together. The final arrangement shall have all of the hearing transcripts, Immigration Judge’s oral decision, and a completed certificate page.

4.7 Accuracy of Transcripts - The Contractor shall furnish complete and accurate transcripts. The transcripts shall be completely free of typographical and spelling errors and without the omission of any word(s) from the text when it is clearly audible. Nothing spoken at the hearing will be “off the record” unless so designated by the Immigration Judge. No part of the hearing shall be omitted from the record unless directed by the Immigration Judge and/or the Board of Immigration Appeals. Transcribers shall not make any corrections on hard copies of the transcript. The use of white correction fluid, correction tape, etc., is not permitted. The Government reserves the right to return any transcript(s) that contains errors, including missing or illegible pages. The COR will notify the contractor at the time of normal pick-up and delivery of transcripts which require corrections. The contractor shall furnish the corrected transcript(s) within five business days or the original turnaround time, whichever is less, after notification by the

Government, at no additional cost to the Government. The Contractor shall reassemble the corrected transcripts in accordance with Sections 4.6 of this contract.

4.8 Management of Transcripts and Media

The Contractor shall, make all arrangements for transportation of TTR envelopes and paper transcripts between the Government and Contractor sites for SBU Information only. The Contractor shall repair all tapes, regardless of the reason for damage as described at (b)(1) and (2) below. The Contractor shall return all media in the TTR envelopes attached to their respective transcripts, in covered, sealed, and secured containers. The container contents shall be put in order by city and alien number, mirroring the transcript shipment list provided by the Government at the time of the scheduled pickup. The Contractor shall deliver the completed transcript and TTR envelopes directly to the designated Government representative. The

Contractor shall also submit two copies of the transcript shipment list, corresponding to that shipment, to the designated Government representative.

(a) For electronic transcription delivery, the Contractor shall abide by the approved processes and procedure mechanisms. Currently, the EOIR eTranscription delivery mechanism is via the SSH SFTP mechanism specified in Section 4.5 (b) and described in the attached eTranscription Technical

Specifications for Vendors; however, the EOIR reserves the right to adjust this electronic delivery mechanism during this contract period. Details of the existing SSH SFTP delivery mechanism are covered in Appendix (2).

(b) The Contractor shall verify the number of tapes on the Government-provided transcript shipment list and check the tapes for damage.

(1) The Contractor shall report any damage it finds to the Government within one (1) business day from the date of receipt of the tapes by the Contractor. The Contractor shall repair those damaged tapes reported within the one (1) business day reporting period at the fixed price shown in CLIN sheet, Attachment 1. The tapes shall be repaired within two (2) business days.

(2) The Contractor shall repair, at no cost to the Government, all damaged tapes in its possession that have not been reported to the Government within the one (1) business day reporting period. These tapes shall be repaired within two (2) business days.

(c) All contractor work-products, including transcripts, tapes, CDs, thumb drives, digital audio recordings, reviews, materials or documents resulting from transcription, in part or in whole, will remain the property of the Government. The Contractor shall secure all such work-products when not in use.

(d) Records of Proceedings for cases involving SBU information may require additional protection. SBU information includes, but is not limited to grand jury information, informant and witness information, investigative material, Federal tax and tax return information, Privacy Act information, and information which can cause risk to individuals or be sold for profit. The Contractor shall label or identify SBU information by placing the caveat "Sensitive But Unclassified" on the first page, by a notation in a covering memorandum, or by affixing an SBU label or cover sheet to the material to ensure recipients are aware the information requires protection. Provided the Contractor has minimum physical security safeguards in place, sensitive information may be stored, when not in use, in locked offices, desks, or cabinets. The Government reserves the right to impose additional protective measures as necessary.

(e) It is the responsibility of the Contractor to ensure that all data and documents submitted as electronic media are virus-free.

The Contractor shall shred all draft or excess copies of transcripts disposed of by the Contractor at the place of performance. The Contractor may use commercially available strip-cut or cross-cut shredders.

Electronic drafts shall also be destroyed in compliance with Section 4.2(b)(4). For all transcripts, the

Contractor must use GSA Approved shredders.

4.9 Transcription Requests –

The average length of a transcript resulting from one immigration hearing is approximately 100 pages.

The average hearing is 2.6 hours in length; some may be considerably longer. Most of the transcription requests require a 5-day or 20-day transcription turnaround time (TAT). The Contractors should be able to accept 200 hours per week. The following is an estimate of the total volume of audio the

Government expects to produce on a weekly basis for which transcription will be required:

(a) 50-100 hours of audio* per week with a 5-day TAT

(b) 175-200 hours of audio* per week with a 20-day TAT

*most audio contains simultaneous interpretation

Note: This total volume of audio per week requiring transcription is an estimate only; it is not a minimum or maximum workload commitment or guarantee by the Government, in no way binds the

Government, and the Contractor is not guaranteed this volume, in whole or in part.

4.10 Contract Phase-In – The continuing provision of transcription services covered under this solicitation is essential to continuity of the program. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well-planned, orderly, and efficient manner. The

Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks. Phase-in activities will include, but not be limited to, placement of any necessary subcontracts, mobilization of staff and other resources, obtaining of necessary clearances, execution of the

Confidentiality Agreement included as attachment, and any other activities required to put the Contractor in a position to accept and perform requirements for transcription services. Certain current staff of the incumbent contractor will be available during this period to provide administrative and technical orientation to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government and the Contractor

4.11 Contract Phase-Out - At the conclusion of the contract, the functions performed under this contract may convert to an in-house Government operation or may be awarded through another contract. In either case, the Contractor may be required to assist in the phase-out of this contract. The price and terms of the assistance required should be included in the price proposal.

5.0 Deliverables.

Deliverables will be specified in each task order issued under the Transcription Services Contract.

6.0 Place of Delivery – EOIR only

The ordering officials and their respective locations are listed below:

Pickup/Delivery Locations and Ordering Officials

Location Ordering Officials

Executive Office for Immigration Review

Board of Immigration Appeals

6810 Loisdale Road

Springfield, VA 22150

Tamara Scott

7.0 Performance Standards. Performance Standards will be identified at the Task Order Level.

8.0 Key Personnel / Personnel Requirements (if applicable)

Key Personnel – Contractor’s Program Manager, see Section 4.1

9.0 Place of Performance – EOIR

Most of the work performed under this contract will be accomplished at the Contractor’s facilities.

(a) On occasion, pursuant to Section 4.5, the Government may request on-site transcription and the

Contractor will be required to perform work at the Government’s facility at 5107 Leesburg

Pike, Falls Church, VA, 22041. The processing of SBU may be permitted at the Contractor site.

10.0 Period of Performance

The period of performance shall be one (1) year Base Period .

The Contractor shall have personnel available to respond to Government inquiries Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m., Eastern Standard Time (excluding

Federal government holidays listed below).

• New Year’s Day

• Martin Luther King’s Birthday

• Presidents’ Day

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (every fourth year) in Washington DC metro area only

11.0 General Invoice Requirements

11.1 – Invoice Requirement – EOIR

The Contractor shall submit invoices using the eTranscription application, see eTranscription Technical Specification for Vendors, see SOW Attachment 1.

11.2 – Invoice Requirement -

(a) The Contractor shall render a pre-invoice upon successful submission of each batch of transcribed material (deliverables). Invoicing shall be bi-weekly or monthly.

Invoices should include all accepted deliverables not previously invoiced. Invoices must be submitted through vendor portal platform; exemptions may apply with COR approval.

(b) To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice (as applicable):

(1) Name and address of the Contractor

(2) Invoice date

(3) Invoice number

(4) Contract number

(5) Task order number

(6) Cases/hearing numbers

(7) CLIN number and description, quantity, unit price and extended total for the shipment covered

(8) Shipping and payment terms

(9) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

(10) Taxpayer Identification Number

(11) DUNS Number

(c) The COR will certify the invoice for payment and forward the invoice to the Finance Office specified in paragraph (d) below for payment. Negative inspection results will be reported immediately to the Contracting Officer.

(d) The office that will make the payments due under this contract (i.e., the designated payment office) is:

U.S. Department of Justice

2 Constitution Square, Room

7W-1004 145 N Street, NE

Washington, DC 20530-0001

(e) All follow-up invoices shall be marked "Duplicate of Original”.

Contractor questions regarding payment information or check identification should be directed to the ordering agency’s designated payment office unless otherwise specified in the task order.

12.0 Payment Deductions for Nonconforming Services

(a) If services are performed by the contractor but the services do not conform to the contract requirements, the contract price for services performed shall be reduced as specified in this section. Payment deductions will be taken as specified in the following two tables for each delivery where services fail to conform to the contract requirements.

Payment Deductions for Late Deliveries

Deficiency

Maximum

Deduction

Deduction

Amount

Late delivery of a transcript with 20-day TAT 1-3 business days late

4-5 business days late

More than 5 business days late

1% per day late

3% per day late

5% per day late

$75.00 per case

Late delivery of a transcript with 10-day, 5-day, and 3-day TATs

1-3 business days late 4-5 business days late

2% per day late

5% per day late 10% per day late

$125.00 per

Late delivery of transcript requiring one day turnaround

10% per day late $125.00 per case

Late delivery of a dictated decision in electronic medium

1-3 business days late 4-5 business days late

1% per day late 3% per day late 5% per day late

$75.00 per

Late delivery of repaired Government tapes $20.00 per day late

$40.00 per tape

Late delivery of tapes transferred to CDs $5.00 per day per CD

$20.00 per

CD

(b) “Business days late” as stated in the above table means any delivery that is received by the Government later than 10:30 am on the specified delivery date. For example, if a transcript is required to be delivered by 10:30 am on Monday, and it is delivered to the Government at 4:00 pm Monday afternoon, the delivery is considered to be one business day late. If it is a non-detained transcript that is one business day late, the Contractor will then have a deduction of 1% assessed against its invoice amount. However, if the non-detained transcript is six business days late, the

Contractor will then have a deduction of 5% assessed against its invoice amount for each day late.

Payment Deductions for Inaccurate Transcriptions

Maximum Deduction

Deduction Amount

Errors in transcript 20-day TAT

Average of 1-2 errors per page

Average of 3-4 errors per page

Average of more than 4 errors per page

1% of invoiced amount 3% of invoiced amount 5% of invoiced amount

$75.00 per case

Errors in transcript (10-day, 5-day, 3-day, and 1-day

TATs) Average of 1-2 errors per page

Average of 3-4 errors per page

Average of more than 4 errors per page

2% of invoiced amount 5% of invoiced amount 10% of invoiced amount

$125.00 per case

Errors in corrected transcript 5% of invoiced amount per error

$125.00 per case

(c) The COR will be responsible for assessing payment deductions and will apply such deductions against the Contractor’s invoice amount. The COR may, at his/her discretion waive the imposition of payment deductions provided the

Contractor notifies the COR of an anticipated delay in advance of the due date.

(d) Payment deductions will not be assessed when the delay in delivery or performance is beyond the control and without the fault or negligence of the

Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract.

13. Liquidated Damages

If the recordings in the possession of the Contractor become lost or damaged, the Contractor shall pay to the Government as liquidated damages the amounts specified in the table below.

Liquidated Damages

Liquidated

Damages

Amount

Notes

Lost media. $250.00 Assessed per occurrence

Media damaged (portion of hearing may be lost).

Up to

$250.00*

Assessed per occurrence

* Actual amount of liquidated damages to be paid by Contractor for damaged media will be determined by COR/Ordering

Official.

14. Equipment available for contractor use

There will be no government issued equipment (GFE) at the contract level.

15. Travel Reimbursement (if travel is required under this contract)

Standard travel reimbursement language:

As a general rule, local travel will not be reimbursed under this contract. Examples of local travel which will not be subject to reimbursement are: travel to and from normal job site;

supervisory personnel traveling to a Government site or alternative facility to oversee operations.

Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site. All reimbursable long distance travel shall be approved in advance by the COR. Reimbursement for actual approved travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition

Regulations. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual travel authorization letters may be provided to the Contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive Government rates when on long distance travel. The Department encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government’s actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

Contractor Request and Approval of Travel:

The Contractor will coordinate travel arrangements with the Contracting Officer's Representative

(COR).

Any travel under this contract must be specifically requested in writing by the Contractor and approved by the Contracting Officer’s Representative (COR), prior to incurring any travel expense. The Contractor shall submit the written request to the COR at least five days in advance. The travel request shall include as a minimum, the following:

• Contract number

• Date, time, and place of proposed travel

• Purpose of travel and how it relates to the contract

• Contractor’s estimated cost of travel with a breakdown of the estimated costs of transportation, lodging, meals, and incidentals; and

• Name(s) of individual(s) traveling.

The COR shall review and approve/disapprove (as appropriate) all travel requests submitted giving written notice of such approval or disapproval to the Contractor.

Travel Reimbursement: The Contractor shall adhere to the following travel regulations

(see FAR 31.205-46):

• Federal Travel Regulations (FTR) – Prescribed by the General Services

Administration, for travel in the contiguous United States.

• Department of State Standardized Regulations (DSSR) (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign

Areas," prescribed by the Department of State for travel in areas not covered in the FTR.

The Contractor will not be reimbursed for travel expenses unless audited records for transportation contain evidence, such as original receipts, substantiating actual expenses incurred for travel.

The contract includes a not-to-exceed funding limitation for travel costs. When the Contractor expects total funding expended for reimbursable travel to reach 85 percent of the total funds available on the travel CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the task order. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the reimbursable travel CLIN. The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funded amount stated on the reimbursable travel CLIN.

The Contractor is not obligated to continue performance of any reimbursable work under this

Contract or otherwise incur costs for reimbursable travel in excess of the funded amount stated on the reimbursable travel CLIN unless the Contracting Officer notifies the Contractor in writing that the funded amount stated under the applicable reimbursable travel CLIN has been increased.

In the event notification is made orally, such notification shall be followed up in writing within two working days.

No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

Change orders shall not be considered an authorization to exceed the funded amount stated under the reimbursable travel CLIN unless they contain a statement expressly increasing the funded amount of that reimbursable CLIN by a sufficient amount to cover the change order.

16. Technical Kickoff Meeting. The Contractor shall hold a kickoff meeting at the TO level within 15 days after TO award or unless otherwise specified in the order.