DJJ-16-R-EOA02-0152-_Solicitation.pdf

Solicitation DJJ-XX-R-EOA02-XXXX USAO-XXXXX District of XXXXXX Page 1 of 2

Executive Office for United States Attorneys

Acquisitions Staff Bicentennial Building 600 E Street NW, Suite 5200 Washington, DC 20530

June 3, 2016

Reference: Grand Jury and Deposition Court Reporting Services

Subject: Request for Proposal Solicitation Number DJJ-16-R-EOA02-0152

Eastern District of North Carolina 100% Small Business Set-Aside

Dear Offeror:

The Executive Office for United States Attorneys (EOUSA) on behalf of the United States Attorney’s Office, Eastern District of North Carolina invites contractors under the authority of the Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items and Part 13 Simplified Acquisition Procedures, to submit a proposal for Grand Jury and Deposition Court Reporting Services described in the Statement of Work.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

This procurement is a 100% Small Business Set Aside. The NAICS code for this solicitation is 561492.

In order to be considered a small business under this NAICS code, your average annual receipts must not exceed $15.0 million.

See Section L and Attachment 3 (RFP Check List) of the solicitation for mandatory contents of the proposal. Proposals are due no later than 07:00 am, Eastern Standard Time on Monday, June 20, 2016.

Proposals submitted in response to this RFP will only be received in the following manner: via email to Elisa.Oliver@usdoj.gov

Questions may be emailed to Elisa Oliver at Elisa.Oliver@usdoj.gov. At the Government’s discretion, questions may or may not be answered; questions that are answered may be provided to all prospective offerors.

mailto:Elisa.Oliver@usdoj.gov

Solicitation DJJ-XX-R-EOA02-XXXX USAO-XXXXX District of XXXXXX Page 2 of 2

In accordance with FAR 13.106-3(c), if the award value is less than the Simplified Acquisition Threshold (currently $150,000.00), the only automatic notice of award to unsuccessful offerors will be a notification through an electronic commerce method (FedBizOpps.gov).

Sincerely, Elisa Oliver

Elisa Oliver Contracting Officer EOUSA Acquisitions Staff

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 3 of 59

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 North Carolina for Raleigh, Wilmington, and Greenville locations.

(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. Offerors that do not propose on all work (Grand Jury AND Depositions) will be ineligible for award. Vendors may quote on all locations or one of each.

(e) There will be no Government Furnished Property for the awardee.

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

(g) The Government requires the following for this effort: ($5,000 MIN REQ’D/MAX $6,000 CLEARING): Minimum of 2 / Maximum of 5 court reporters.

(h) All key personnel will be required to have the following security clearance for this contract:

Non-secret, regular security clearance. All Contractor personnel who will have access to Grand Jury material will need to be cleared.

B.2 Minimum Guaranteed Amount

(a) The USAO will order a minimum guaranteed amount of $ 5,000 during the life of this contract. The minimum amount is NOT re-established with each ordering period.

B.3 Pricing

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

labor (including supervision), material, equipment, facilities, fringe benefits, overhead, delivery fees, travel, G&A, and profit) necessary to provide the Grand Jury and Deposition Court Reporting services required in the solicitation.

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

1. Historically, the average number of Grand Jury proceedings per year for the USAO has been _48, each one consisting of 1-3 days_.

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 4 of 59

2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been _2_.

3. Historically, the average number of depositions per year has been _75_.

(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.

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

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 5 of 59

Ordering Period: September 1, 2016 to August 31 2017

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY

TOTAL (EST QTY

X UNIT PRICE

GRAND JURY TRANSCRIPT

0001 Regular Transcript PG 8000 0002 Expedited Transcript PG 500 0003 Daily Transcript PG 100 0004 Key Word Indexing PG 100 0005 Additional Copies PG 50 0006 Exhibit Copies EA 500

0007 CD/DVD EA 50

0008 Attendance Fee HR 800 0009 Cancellation Fee EA 50

DEPOSITION TRANSCRIPT

0010 Regular Transcript PG 5000 0011 Expedited Transcript PG 500 0012 Daily Transcript PG 100 0013 Key Word Indexing PG 100 0014 Additional Copies PG 50 0015 Exhibit Copies EA 1000

0016 CD/DVD EA 100

0017 Attendance Fee HR 600 0018 Cancellation Fee EA 50 0019 Videographer Attendance Fee HR 50

TRAVEL

0020 Travel Expenses USD FTR

SPECIAL TRANSCRIPT

PROJECTS

0021 Transcribe Digital Audio Files PG 1000 0022 Digitize (scan) Hard Copy

Exhibits

PG 1000

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: September 1, 2017 to August 31, 2018

GRAND JURY TRANSCRIPT

1001 Regular Transcript PG 8000 1002 Expedited Transcript PG 500 1003 Daily Transcript PG 100 1004 Key Word Indexing PG 100 1005 Additional Copies PG 50 1006 Exhibit Copies EA 500

1007 CD/DVD EA 50

1008 Attendance Fee HR 800 1009 Cancellation Fee EA 50

DEPOSITION TRANSCRIPT

1010 Regular Transcript PG 5000 1011 Expedited Transcript PG 500 1012 Daily Transcript PG 100 1013 Key Word Indexing PG 100 1014 Additional Copies PG 50 1015 Exhibit Copies EA 1000

1016 CD/DVD EA 100

1017 Attendance Fee HR 600 1018 Cancellation Fee EA 50 1019 Videographer Attendance Fee HR 50

TRAVEL

1020 Travel Expenses USD FTR

1021 Transcribe Digital Audio Files PG 1000 1022 Digitize (scan) Hard Copy

Exhibits

PG 1000

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.

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 7 of 59

Ordering Period: September 1, 2018 to August 31, 2019

ITEM DESCRIPTION UNI

T

ESTIMATED

GRAND JURY TRANSCRIPT

2001 Regular Transcript PG 8000 2002 Expedited Transcript PG 500 2003 Daily Transcript PG 100 2004 Key Word Indexing PG 100 2005 Additional Copies PG 50 2006 Exhibit Copies EA 500

2007 CD/DVD EA 50

2008 Attendance Fee HR 800 2009 Cancellation Fee EA 50

DEPOSITION TRANSCRIPT

2010 Regular Transcript PG 5000 2011 Expedited Transcript PG 500 2012 Daily Transcript PG 100 2013 Key Word Indexing PG 100 2014 Additional Copies PG 50 2015 Exhibit Copies EA 1000

2016 CD/DVD EA 100

2017 Attendance Fee HR 600 2018 Cancellation Fee EA 50 2019 Videographer Attendance Fee HR 50

TRAVEL

2020 Travel Expenses USD FTR

2021 Transcribe Digital Audio Files PG 1000 2022 Digitize (scan) Hard Copy

Exhibits

PG 1000

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 8 of 59

Ordering Period: September 1, 2019 to August 31, 2020

GRAND JURY TRANSCRIPT

3001 Regular Transcript PG 8000 3002 Expedited Transcript PG 500 3003 Daily Transcript PG 100 3004 Key Word Indexing PG 100 3005 Additional Copies PG 50 3006 Exhibit Copies EA 500

3007 CD/DVD EA 50

3008 Attendance Fee HR 800 3009 Cancellation Fee EA 50

DEPOSITION TRANSCRIPT

3010 Regular Transcript PG 5000 3011 Expedited Transcript PG 500 3012 Daily Transcript PG 100 3013 Key Word Indexing PG 100 3014 Additional Copies PG 50 3015 Exhibit Copies EA 1000

3016 CD/DVD EA 100

3017 Attendance Fee HR 600 3018 Cancellation Fee EA 50 3019 Videographer Attendance Fee HR 50

TRAVEL

3020 Travel Expenses USD FTR

3021 Transcribe Digital Audio Files PG 1000 3022 Digitize (scan) Hard Copy

Exhibits

PG 1000

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 9 of 59

Ordering Period: September 1, 2020 to August 31, 2021

ITEM DESCRIPTION UNI

T

ESTIMATED

GRAND JURY TRANSCRIPT

4001 Regular Transcript PG 8000 4002 Expedited Transcript PG 500 4003 Daily Transcript PG 100 4004 Key Word Indexing PG 100 4005 Additional Copies PG 50 4006 Exhibit Copies EA 500

4007 CD/DVD EA 50

4008 Attendance Fee HR 800 4009 Cancellation Fee EA 50

DEPOSITION TRANSCRIPT

4010 Regular Transcript PG 5000 4011 Expedited Transcript PG 500 4012 Daily Transcript PG 100 4013 Key Word Indexing PG 100 4014 Additional Copies PG 50 4015 Exhibit Copies EA 1000

4016 CD/DVD EA 100

4017 Attendance Fee HR 600 4018 Cancellation Fee EA 50 4019 Videographer Attendance Fee HR 50

TRAVEL

4020 Travel Expenses USD FTR

4021 Transcribe Digital Audio Files PG 1000 4022 Digitize (scan) Hard Copy

Exhibits

PG 1000

Total ordering periods: ________________________

Total estimated value of contract (to include FAR 52.217-8): TO BE DETERMINED

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 10 of 59

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.

U.S. Federal Courthouse, 310 New Bern Avenue, Raleigh, NC 27601 U.S. Federal Courthouse, 2 Princess Street, Wilmington, NC 28401 U.S. Federal Courthouse, 201 South Evans Street, Greenville, NC 27835

C.2 Grand Jury Transcripts

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

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

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

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

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 11 of 59

2. 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.

3. Expedited: All expedited transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. The Contractor may not be notified in advance of the testimony of this requirement.

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

5. 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.

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

7. 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.

8. 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.

9. Other Requirements. As follows:

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

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 12 of 59

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.

10. Delivery: All Grand Jury Transcripts shall be delivered electronically using a secure, cloud-based, file sharing system authorized by the Government. The Government will provide contractor access to this system for the sole purpose of uploading and downloading digitized Grand Jury information. Grand Jury information shall not be transmitted via email or by any other unauthorized means. In the infrequent event a hard-copy transcript is required, transcripts must be delivered using a courier service or overnight mail (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". Grand Jury Materials may not be mailed via regular mail unless secure overnight mail is used. Unauthorized viewing of this material is a violation of the law.

11. Grand Jury Travel and Per Diem Reimbursement Restrictions:

For Grand Jury locations 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 Grand Jury is convened 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:

U.S. Attorney’s Office Suite 800, Federal Building 310 New Bern Avenue Raleigh, NC 27601

The Contractor(s) shall not be reimbursed for the hand delivery of Grand Jury transcripts.

Other travel 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.

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

CERTIFICATE

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 13 of 59

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

Date Court Reporter

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

C.3 Deposition Transcripts

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

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

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

2. 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.

3. Expedited: All expedited 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 be sometimes made the same day as proceedings. The Contractor may not be notified in advance of the testimony of this requirement.

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

5. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 14 of 59 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.

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

7. 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.

8. 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.

9. 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. All deposition transcripts shall be delivered electronically using a secure, cloud-based, file sharing system authorized by the Government. The Government will provide contractor access to this system for the sole purpose of uploading and downloading digitized deposition information. Deposition information shall not be transmitted via email or by any other unauthorized means. In the infrequent event a hard-copy transcript is requested, transcripts must be delivered using a courier service or overnight mail (e.g. Fed Ex).

Transcripts must be double wrapped in two opaque layers. The inner envelope

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 15 of 59 must state "Deposition Material Enclosed” and state the Assistant U.S. Attorney’s name who requested transcript.

11. 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 Regulations. Federal Travel Regulations can be found at this address: www.gsa.gov.

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.

U.S. Attorney’s Office Suite 800, Federal Building 310 New Bern Avenue Raleigh, NC 27601

12. 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.

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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.

• 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

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 17 of 59 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.

(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.

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(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 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

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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).

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.

C.9 Key Personnel

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

Name: Title:

Name: Title:

Name: Title:

Name: Title:

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

C.10 Notice to Proceed

Within ten (10) calendar days after the contract award, the Government will furnish the Contractor with personnel security application forms. The Contractor shall complete and return to the COR all personnel security application forms within seven (7) calendar days after receipt.

After a sufficient number of Contractor Personnel are cleared by the Government, a notice to proceed will be issued by the Contracting Officer or the Contracting Officer’s Representative specifying a performance start date.

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 Ordering Period:

Ordering period is 9/01/2016 through 8/31/2021 (60 MONTH ORDERING PERIOD). If FAR 52.217-8 is exercised, the ordering period will be extended to the date that is established by the Contracting Officer when FAR 52.217-8 is exercised.

F.2 Place of Performance:

Grand Jury sessions will take place:

U.S. Federal Courthouse, 201 South Evans Street, Greenville, NC 27835

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

however, under normal circumstances, will take place:

U.S. Federal Courthouse, 201 South Evans Street, Greenville, NC 27835 Federal Correctional Complex, Old Carolina Hwy 75, Butner, NC, 27509

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

(a)TBD, is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

(End of Clause)

G.2 Administrative Contracting Officer

The Contracting Officer for this contract is:

Elisa Oliver Executive Office for US Attorneys Acquisitions Staff 600 E Street NW, Suite 5200 Washington, DC 20530

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

G.3 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act. Invoices shall be submitted after completion of each job. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4(g).

In addition, the following information must appear on the invoice:

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 mailto:Elisa.Oliver@usdoj.gov

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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.4 Accounting and Appropriation Data

TBD

DCN:

TAS:

Cost Center or Account Class:

SOC:

Obligated Minimum Guaranteed Amount): $

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

EOUSA FEDERAL GRAND JURY COURT REPORTER SECURITY REQUIREMENTS

(12/16/2015)

1. Grand Jury (GJ) Security.

The work to be performed under this contract will involve access to sensitive information subject to the rules of 6(e) of the Federal Rules of Criminal Procedures. The adequate and continual protection of the information (hereafter referred to as GJ information which includes GJ testimony, discussions, exhibits, etc.) and how it is used, shared, and stored, is extremely important. The secrecy and ultimate security of the GJ information and proceedings is vital to the performance of the U.S. Attorney’s Office (USAO) and the Court. A failure to protect GJ information by anyone involved may be considered a breach of contract, breach of agreement, a violation of standards, and perhaps, an unlawful act. Disclosures of matters appearing before the GJ other than its deliberations, including the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties. Otherwise, a juror, attorney, interpreter, stenographer, or operator of recorded testimony may disclose matters appearing before the GJ only when so directed by the Court.

a. Violations of the Terms and Conditions. Unauthorized use of USAO GJ information or material could subject the disclosing individual to contempt of court penalties and other applicable penalties. Sensitive information may include, but is not limited to: data found within GJ information, informant and witness information, investigative material, tax information, medical information, computer systems information, Privacy Act (as amended) information, Department of Justice proprietary information, or Federal information that is not releasable to the general public and/or under the guidelines of the Freedom of Information Act (FOIA). Unauthorized duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

b. Court Reporter Security Training. The Contractor is responsible for ensuring all employees approved to work with and have access to USAO GJ information and materials are familiar with - and required to follow - continuing responsibilities and the security requirements as outlined in the contract.

c. Failure to Meet Security Requirements. Should the Government determine that the

Contractor has failed to comply with the security requirements of the contract, the Contractor may be held responsible, as a minimum, for all reasonable and necessary costs incurred by the Government to: (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in cases where absence of contract personnel would cause a delay in the proceedings, a security threat, and/or disrupt a DOJ program, and (b) conduct security investigations in excess of those which would otherwise be required. Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for the replacement of an employee who becomes incapacitated, severely ill, or deceased. Any violation of this

SOLICITATION DJJ-16-R-EOA02-0152, EASTERN DISTRICT OF NORTH CAROLINA 25 of 59 requirement subjects the Contractor, subcontractor, employees, etc., to certain penalties including, but not limited to termination of the contract, issuance of a cure notice for less serious violations, and being held in Contempt of Court for failing to safeguard federal GJ information.

d. List of Contractor’s Employees. 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(s).

e. Sub-Contractors. The Contractor must ensure that any sub-contractor furnishing supplies and services which will involve access to USAO GJ materials complies with the security requirement of the contract and has been approved by the Government.

2. Personnel Security.

The USAO will process the background investigations for GJ court reporter(s) identified by the Contractor to the USAO to perform work under this contract. However, this background investigation does not replace or supersede the employer’s responsibility to sufficiently screen and eliminate unsuitable applicants and to take all necessary steps to ensure only qualified persons perform services.

a. Residency Requirement. All Contractor employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement.