DJJ-16-R-EOA02-0001-Revised.pdf

SOLICITATION DJJ-16-R-EOA02-0001, EASTERN DISTRICT OF ARKANSAS Pg 3

Table of Contents

SECTION TITLE

Part I—The Schedule Page Number(s)

A Solicitation/contract form 1

B Supplies or services and prices/costs 11-20

C Description/specifications/statement of work 21

D Packaging and marking Not Applicable

E Inspection and acceptance Not Applicable

F Deliveries or performance 21

G Contract administration data 22-23

H Special contract requirements 24-45

Part II—Contract Clauses

I Contract clauses 46-52

Part III—List of Documents, Exhibits, and Other Attachments

J List of attachments 53

Part IV—Representations and Instructions

K Representations, certifications, and other statements of offerors or respondents

L Instructions, conditions, and notices to offerors or respondents

55-62

M Evaluation factors for award 63

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SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 General

(a) The contractor shall provide Grand Jury and Deposition Court Reporting Services for the

United States Attorney’s Office (USAO) in Eastern District of Arkansas.

(b) The ordering period under this contract is defined in FAR Clause 52.216-18.

(c) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) Contract with firm fixed unit prices.

(d) Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition services only or both. This decision is made at the unilateral discretion of the Government. The offeror must propose on all work as specified by the solicitation. Proposals that do not propose on all work will not be accepted.

(e) An external hard drive will be provided for the awardee.

(f) The Department of Labor wage rates are applicable if the contractor anticipates using more than five (5) employees to provide services under this procurement over the term of the contract.

B.2 Minimum Amount

(a) The USAO will order a minimum amount of $ 6,000.00 under this contract during the ordering period.

B.3 Pricing

(a) All unit prices are fixed unit prices that include all costs (including, but not limited to: labor, fringe benefits, overhead, delivery fees, 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:

1. Historically, the average number of Grand Jury proceedings per year for the USAO has been 1 per month and 2 special sessions. Normal monthly sessions are 1-3 days for 8 hours per day. (3 days - 8 hr. x 3 days = 24 hours monthly x 12 months = 288 hours annually + 2 special sessions 3 days 8 hr. x 2 days = 24 hours x 2 sessions = 48 hours for a total of 336 hours.

2. Historically, the average maximum number of simultaneous proceedings in any one day for the

USAO has been 25.

3. Historically, the average number of depositions per year has been 350-400__.

(c) In the event the contract is extended through FAR clause 52.217-8 Option to Extend Services, the price proposed for the final ordering period will apply.

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(d) The line items indicated below may be ordered on an as needed basis:

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Ordering Period: 11/03/2015-11/02-2016

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

0001 Regular (Original) Transcript PG 7500

0002 Intermediate Transcript PG 0

0003 Daily Transcript PG 0

0004 Expedited Transcript PG 0

0005 Condensed Transcript PG NA

0006 Key Word Indexing PG NA

0007 Additional Copies PG 0

0008 Exhibit Copies PG 0

0009 CD-R EA 12

0010 Audio Cassette Tape EA NA

0011 Videotape EA NA

0012 Attendance Fee HR 350

0013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

0014 Original Transcript PG 2500

0015 Intermediate Transcript PG 0

0016 Daily Transcript PG 0

0017 Expedited Transcript PG 1000

0018 Condensed Transcript PG NA

0019 Key Word Indexing PG NA

0020 Additional Copies PG 2000

0021 Exhibit Copies PG 0

0022 CD-R EA 310

0023 Audio Cassette Tape EA NA

0024 Videotape EA 48

0025 Attendance Fee HR 310

0026 Cancellation Fee EA 2

TRAVEL

0027 Travel Expenses USD FTR rates $0.00

TOTAL ESTIMATE FOR ORDERING PERIOD

Do not include asterisks with exceptions or comments on pricing pages- only state the price for the Contract Line Item Number (CLIN) based on the description of work provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered.

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Ordering Period: 11/03/2016-11/02/2017

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

1001 Regular (Original) Transcript PG 7750

1002 Intermediate Transcript PG 0

1003 Daily Transcript PG 0

1004 Expedited Transcript PG 0

1005 Condensed Transcript PG NA

1006 Key Word Indexing PG NA

1007 Additional Copies PG 0

1008 Exhibit Copies PG 0

1009 CD-R EA 12

1010 Audio Cassette Tape EA NA

1011 Videotape EA NA

1012 Attendance Fee HR 350

1013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

1014 Original Transcript PG 2500

1015 Intermediate Transcript PG 0

1016 Daily Transcript PG 0

1017 Expedited Transcript PG 1000

1018 Condensed Transcript PG NA

1019 Key Word Indexing PG NA

1020 Additional Copies PG 2000

1021 Exhibit Copies PG 0

1022 CD-R EA 400

1023 Audio Cassette Tape EA NA

1024 Videotape EA 50

1025 Attendance Fee HR 400

1026 Cancellation Fee EA 2

TRAVEL

1027 Travel Expenses USD FTR rates $0.00 for the CLIN based on the description of work provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered.

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Ordering Period: 11/03/2017-11/02/2018

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

2001 Regular (Original) Transcript PG 8000

2002 Intermediate Transcript PG 0

2003 Daily Transcript PG 0

2004 Expedited Transcript PG 0

2005 Condensed Transcript PG NA

2006 Key Word Indexing PG NA

2007 Additional Copies PG 0

2008 Exhibit Copies PG 0

2009 CD-R EA 12

2010 Audio Cassette Tape EA NA

2011 Videotape EA NA

2012 Attendance Fee HR 350

2013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

2014 Original Transcript PG 2500

2015 Intermediate Transcript PG 0

2016 Daily Transcript PG 0

2017 Expedited Transcript PG 1000

2018 Condensed Transcript PG NA

2019 Key Word Indexing PG NA

2020 Additional Copies PG 2000

2021 Exhibit Copies PG 0

2022 CD-R EA 500

2023 Audio Cassette Tape EA NA

2024 Videotape EA 50

2025 Attendance Fee HR 500

2026 Cancellation Fee EA 2

TRAVEL

2027 Travel Expenses USD FTR rates $0.00

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Ordering Period: 11/03/2018-11/02/2019

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

3001 Regular (Original) Transcript PG 8250

3002 Intermediate Transcript PG 0

3003 Daily Transcript PG 0

3004 Expedited Transcript PG 0

3005 Condensed Transcript PG NA

3006 Key Word Indexing PG NA

3007 Additional Copies PG 0

3008 Exhibit Copies PG 0

3009 CD-R EA 12

3010 Audio Cassette Tape EA NA

3011 Videotape EA NA

3012 Attendance Fee HR 350

3013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

3014 Original Transcript PG 2500

3015 Intermediate Transcript PG 0

3016 Daily Transcript PG 0

3017 Expedited Transcript PG 1000

3018 Condensed Transcript PG NA

3019 Key Word Indexing PG NA

3020 Additional Copies PG 2000

3021 Exhibit Copies PG 0

3022 CD-R EA 500

3023 Audio Cassette Tape EA NA

3024 Videotape EA 50

3025 Attendance Fee HR 500

3026 Cancellation Fee EA 2

TRAVEL

3027 Travel Expenses USD FTR rates $0.00

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Ordering Period: 11/03/2019-11/02/2020

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

4001 Regular (Original) Transcript PG 8500

4002 Intermediate Transcript PG 0

4003 Daily Transcript PG 0

4004 Expedited Transcript PG 0

4005 Condensed Transcript PG NA

4006 Key Word Indexing PG NA

4007 Additional Copies PG 0

4008 Exhibit Copies PG 0

4009 CD-R EA 12

4010 Audio Cassette Tape EA NA

4011 Videotape EA NA

4012 Attendance Fee HR 350

4013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

4014 Original Transcript PG 2500

4015 Intermediate Transcript PG 0

4016 Daily Transcript PG 0

4017 Expedited Transcript PG 1000

4018 Condensed Transcript PG NA

4019 Key Word Indexing PG NA

4020 Additional Copies PG 2000

4021 Exhibit Copies PG 0

4022 CD-R EA 500

4023 Audio Cassette Tape EA NA

4024 Videotape EA 50

4025 Attendance Fee HR 500

4026 Cancellation Fee EA 2

TRAVEL

4027 Travel Expenses USD FTR rates $0.00

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SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Work Statement

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

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

United States District Court

Eastern District of Arkansas

600 West Capitol Avenue

Little Rock, AR 72201

C.2 Grand Jury Transcripts

(a) Scheduling of Grand Jury: The USAO will notify the Contractor of the requirements for attendance at a Grand Jury no later than one business day before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating they have received the work order by returning the signed work order form or other form of written acceptable as may be agreed upon by the USAO and Contractor and communicate the name of the reporter who will be in attendance. Any change will be communicated by the

Contractor to the USAO prior to the session. In the event a Grand Jury session is continued for more than one day, the Contractor will make reasonable efforts to assign the same court reporter for each continued segment of that given Grand Jury session. Should the Contractor not be able to provide the same court reporter, it will notify the USAO authorized Point of Contact before the

Grand Jury session that another court reporter will be providing the court reporting services.

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

Billing rates for these turnaround times are set forth in Section B of this contract.

1. Regular: All original transcripts will be completed and delivered on or before the

10th business day after the date a witness testifies in the Grand Jury. An original 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.

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

3. Daily: All daily Grand Jury transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement.

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

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

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

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

8. 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 9:00am to 12:00pm 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. The Contractor will generally be asked to report at 9:00am and be dismissed at 5:00pm. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the

Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the

Contractor will be paid one (1) cancellation fee or the number of attendance fee the reporter was available, whichever is higher.

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:

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a. A transcript of all witness testimony shall be produced only when the

USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the

USAO requests it.

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

c. If the USAO does not request that a 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: 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.

Grand Jury information shall not be transmitted via the internet, including email, file transfer protocol, or any other means. 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.

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. Exceptions may be made on a case by case basis at the sole discretion of the

Contracting Officer’s Representative (COR) or the Contracting Officer and these exceptions will be reimbursed in accordance with the Federal Travel Regulation.

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.

C.3 Deposition Transcripts

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(a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating they have received the work order by returning the signed work order form or other form of written acceptance as may be agreed upon by the USAO and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the

USAO prior to the session. In the event a deposition is continued for more than one day, the

Contractor will make reasonable efforts to assign the same court reporter for each continued segment of that given deposition. Should the Contractor not be able to provide the same court reporter, it will notify the USAO before the scheduled session that another court reporter will be providing the court reporting services.

(b) Original Transcripts. Unless otherwise stated, depositions shall be typed in an original and delivered within the turnaround times as set forth below. Transcripts may be ordered by the

USAO within the following timeframes. Billing rates for these turnaround times are set forth in

Section B of this contract.

1. Regular: All original transcripts will be completed and delivered on or before the

10th business day after the date a witness testifies in the deposition. An original 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 th business day after the Contractor receives a request from USAO.

2. Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO.

This request will sometimes be made the same day as the proceedings.

3. Daily: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement.

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

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

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

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

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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. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid either one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. The

Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee.

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:

For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's

Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation.

The following is the address of the USAO where the 50 mile radius applies. The

Contractor(s) shall not be reimbursed for travel, mileage and per diem expenses within a

50 mile radius of the USAO address listed below. Exceptions may be made on a case by case basis at the sole discretion of the COR or the Contracting Officer.

United States Attorney’s Office ED/AR

425 West Capitol Avenue, Suite 500

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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.

C.4 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.

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

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

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

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

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

• The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape.

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

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• The system shall be portable to allow for transportation of tapes 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.

2. Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows:

• The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice.

• The equipment shall contain simultaneous playback, listening, and pre-amplification.

3. 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.

4. 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. A back-up voice tape is made also so that a re-verification can be made of the transcript.

5. Video Recording. The USAO will determine video formatting, DVD, CD or VHS.

(b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he/she shall at all times be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, and matters of like character.

(c) Depositions shall be taken by a Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and specifically Rule 30(e), which provides in pertinent part as follows:

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

The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government 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.

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(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 Government 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 Government shall provide a basis for the

Government's decision to obtain court reporting services from another source.

C.5 Transcript Format

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

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

(c) Each copy of the transcript furnished the Government 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 paper 8 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 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness 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 than 60 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily containing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines 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

SOLICITATION DJJ-16-R-EOA02-0001, EASTERN DISTRICT OF ARKANSAS Pg 19 blank spaces. The second line will return to one blank space after the left hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an additional line. There should be no unnecessary blank lines unless absolutely necessary for readability. The USAO will be the sole judge of this format.

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

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

C.6 Availability/Sale of Transcripts

(a) Recording of proceedings shall be transcribed by the Contractor only when directed by the

USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Transcripts will not be made available to the public by the

Contractor.

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

C.7 Reports

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

1. 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.

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

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

4. Change of operating or address of the facility.

5. 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).

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

The Contractor shall also maintain and keep available for review by the USAO a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of

AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter.

C.8 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 ordering period. Services to be furnished will subsequently be ordered by the issuance of work orders (see Attachment 2) signed by Contracting Officer’s Representative (COR) or Authorized Individual(s) of the USAO listed in

Attachment 1. All work orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order.

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

Date of Order

Order Number

Description of Service

Place of Performance

Primary Point of Contact of the work order

A sample Court Reporting Ordering Form is attached. .

(c) The Contractor shall notify the COR named in Section G.1 whenever it believes that costs incurred will exceed 75% of the funding amount specified on Optional Form 347.

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 Ordering Period:

11/03/2015-11/02/2020

F.2 Place of Performance:

Grand Jury sessions will take place:

The place of performance for depositions will be determined at the time work orders are issued;

however, under normal circumstances, will take place:

United States Attorney’s Office ED/AR

425 West Capitol Avenue, Suite 500

F.3 Performance Standards

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in this Statement of Work will be conducted jointly by the COR and the Contracting

Officer and shall form the basis of the Contractor's permanent performance record with regard to this contract.

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made on a monthly basis. Invoices shall be submitted by the 30th day of each month. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g). In addition, the following information must appear on the invoice:

1. Date service was performed

2. Location service was performed

3. Attorney’s Name

4. Grand Jury Number (for Grand Jury only)

5. Name of witness

6. Number of pages

7. Cost per page

8. Call Number

9. DCN Number (for Depositions Only)

Invoices shall be submitted to the COR at the address shown in Section G.1.

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance

Hotline on (202) 616-6260.

G.2 Accounting and Appropriation Data

DCN:

TAS:

Cost Center or Account Class:

SOC:

Obligated Dollar Amount (Minimum Order Guarantee): $

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Personnel Security

(a) The USAO will process background security investigations for Grand Jury court reporter

Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to Grand Jury transcription work under this contract unless and until the

Contractor has been notified, in writing, by authorized USAO personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to Grand Jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The

Contractor's total loss of access approval for Grand Jury court reporters shall be cause for termination of this contract.

(b) The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on Grand Jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs.

(c) Should Grand Jury proceedings require access to classified National Security Information by personnel of the Contractor; additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies.

(d) In the event the USAO is unable to obtain security approval for access to Grand Jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for Grand Jury court reporters.

(e) The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to Grand Jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to Grand Jury information.

H.2 Required Security Investigation

(a) The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behaviour. The contract employee must furnish all required data in the form and format determined by the USA or his/her duly authorized representative. The

Contracting Officer will notify the Contractor in writing, with a concurrent copy to the

Contracting Officer Representative (COR), of the results of the investigation.

(b) Risk Level

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In general, services performed by Contractor personnel may fall within three (3) risk categories as described below:

High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as:

Policy development or implementation

Higher-level management assignment

Independent spokespersons or non-management positions with authority for independent action, Significant fiduciary and procurement authority and responsibilities, and

IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a

Computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, Management of Federal Information Resources, “for those computer positions that are High Risk at:

http://www.whitehouse.gov/OMB/circulars/a130/a130trans4.html

Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as:

Assistance to policy development and implementation, Mid-level management assignments, Non-management positions with authority for independent or semi-independent action, Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High

Risk positions (Refer to Appendix III, OMB Circular A-130, “Management of Federal Information Resources”, for those computer positions that are other than High Risk.).

Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission.

(c) Types and Numbers of Background Investigations http://www.whitehouse.gov/OMB/circulars/a130/a130trans4.html

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Work performed under this contract will fall within one or more of the risk categories defined paragraph H.2(b). As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COR will specify the exact number and types of background investigations required for all Contractor positions hired under this contract.

The Contractor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR received requisite background investigations or approved pre-appointment background investigation waivers.

Period of Performance of the contract- The Contractor shall ensure that no Contractor or

Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COR.

(d) Pre-Appointment Background Investigations and Waivers

Background investigations must be conducted and favourably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the

SPM, in consultation with the COR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee’s favour. When derogatory information has been discovered that cannot be resolved in the contract employee’s favour, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below.

High Risk Positions (SF85p+ps). The background investigation shall be a BI (Background

Investigation) The BI is primarily conducted for High-Risk Public Trust or Non-Critical Sensitive

(NCS) positions.

Coverage includes:

Personal Subject Interview

Employment/Self-employment/Unemployment Coverage (5 years)

Education (2 years/verification of degree)

Residence (3 years)

Reference Contacts

Law Enforcement Checks (5 years)

National Agency Checks o Access to previous Federal investigations through:

OPM's Security/Suitability Investigations Index (SII)

Defense Clearance and Investigations Index (DCII)

FBI Name Check o FBI National Criminal History Fingerprint Check o Credit Search of National Credit Bureaus o Military Personnel Record Search (if applicable) o Citizenship Verification

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Pre-appointment waivers may be granted following a successful National Crime

Information Center (NCIC) check, vouchering of previous 2 employers and a favourable review of forms submitted.

Moderate Risk Positions (SF85p+ps). The background investigation shall be a MBI (Minimum

Background Investigation) primarily conducted for Moderate Risk Public Trust or Non-Critical

Sensitive positions Coverage includes:

Personal Subject Interview

Employment/Self-employment/Unemployment Coverage (5 years Inquiry)

Education (5 years Highest Degree - Inquiry)

Residence (3 years - Inquiry)

Reference Contacts

Law Enforcement Checks (5 years- Inquiry and/or Record)

National Agency Checks o Access to previous Federal investigations through:

OPM's Security/Suitability Investigations Index (SII)

Defense Clearance and Investigations Index (DCII)

FBI Name Check o FBI National Criminal History Fingerprint Check o Credit Search of National Credit Bureaus (7 years) o Military Personnel Record Search (if applicable) o Citizenship Verification

Pre-appointment waivers may be granted following a successful National Crime

Information Center (NCIC) check, vouchering of previous 2 employers and a favourable review of forms submitted.

Low Risk Positions (SF85). The background investigation shall be a NACI (National Agency

Check and Inquiries) Minimum investigation required for non-sensitive/low risk positions.

Coverage includes:

Employment/Self-employment/Unemployment Coverage (5 years Inquiry)

Education (5 years Highest Degree - Inquiry)

Residence (3 years - Inquiry)

Reference Contacts

Law Enforcement Checks (5 years- Inquiry)

National Agency Checks o Access to previous Federal investigations through:

OPM's Security/Suitability Investigations Index (SII)

Defense Clearance and Investigations Index (DCII)

FBI Name Check o FBI National Criminal History Fingerprint Check o Credit Search of National Credit Bureaus (Optional) o Military Personnel Record Search (if applicable) o Citizenship Verification

Pre-appointment waivers may be granted following a successful National Crime

Information Center (NCIC) check, vouchering of previous 2 employers and a favourable review of forms submitted

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(e) The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COR or point of contact within seven days after receipt of the forms.

Form Number and Title Number of Copies

FD-258 Fingerprint Card 2

SF 85P - Questionnaire For Public Trust

Positions

Public Trust Positions 2

(f) Procedures for Pre-Screening Applicants and Investigations.

Contractor’s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this…