DJJ-17-R-EOA02-0113-_WDAR-SOW.pdf

Solicitation DJJ-17-R-EOA02-0113 USAO-USAO Western District of Arkansas Page 1 of 2

Executive Office for United States Attorneys

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

03/23/2017

Reference: Grand Jury and Deposition Court Reporting Services

Subject: Request for Proposal Solicitation Number DJJ-17-R-EOA02-0113

USAO Western District of Arkansas 100% Small Business Set-Aside

Dear Offeror:

The Executive Office for United States Attorneys (EOUSA) on behalf of the United States Attorney’s Office, USAO District of New Mexico, 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 12:00 pm, Eastern Standard Time on Thursday, April 20, 2017.

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 mailto:Elisa.Oliver@usdoj.gov

Solicitation DJJ-17-R-EOA02-0113 USAO-USAO Western District of Arkansas 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-17-R-EOA02-0113, USAO WESTERN DISTRICT OF ARKANSAS

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) Western District of Arkansas in 414 Parker Avenue, Fort Smith, AR 72901.

(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.

(e) No government property will be furnished.

(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: Minimum of 1 / Maximum of 2 court reporters.

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

Non classified. 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 8.

2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been 0.

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

Under normal circumstance, Grand Jury at the Fort Smith location occurs once every six weeks on Tuesday and Wednesday.

(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:

Ordering Period: 10/01/2017 to 09/30/2018

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

0001 Regular Transcript PG 2,000 0002 Intermediate Transcript PG 225 0003 Daily Transcript PG 0 0004 Expedited Transcript PG 75 0005 Condensed Transcript PG 0 0006 Key Word Indexing PG 0 0007 Additional Copies PG 50 0008 Exhibit Copies PG 300

0009 CD-R EA 0

0010 Audio Cassette Tape EA 0 0011 Videographer Attendance Fee HR 0 0012 Attendance Fee HR 8 0013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

0014 Regular Transcript PG 500 0015 Intermediate Transcript PG 250 0016 Daily Transcript PG 0 0017 Expedited Transcript PG 100 0018 Condensed Transcript PG 0 0019 Key Word Indexing PG 0 0020 Additional Copies PG 0 0021 Exhibit Copies PG 0

0022 CD-R EA 0

0023 Audio Cassette Tape EA 0 0024 Videographer Attendance Fee HR 0 0025 Attendance Fee HR 0 0026 Cancellation Fee EA 0

TRAVEL

0027 Travel Expenses USD FTR rates $XXXX.XX

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.

Ordering Period: 10/01/2018 to 09/30/2019

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

1001 Regular Transcript PG 2,500 1002 Intermediate Transcript PG 275 1003 Daily Transcript PG 0 1004 Expedited Transcript PG 75 1005 Condensed Transcript PG 0 1006 Key Word Indexing PG 0 1007 Additional Copies PG 50 1008 Exhibit Copies PG 300

1009 CD-R EA 0

1010 Audio Cassette Tape EA 0 1011 Videographer Attendance Fee HR 0 1012 Attendance Fee HR 8 1013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

1014 Regular Transcript PG 500 1015 Intermediate Transcript PG 250 1016 Daily Transcript PG 0 1017 Expedited Transcript PG 100 1018 Condensed Transcript PG 0 1019 Key Word Indexing PG 0 1020 Additional Copies PG 0 1021 Exhibit Copies PG 0

1022 CD-R EA 0

1023 Audio Cassette Tape EA 0 1024 Videographer Attendance Fee HR 0 1025 Attendance Fee HR 0 1026 Cancellation Fee EA 0

TRAVEL

1027 Travel Expenses USD FTR rates $XXXX.XX 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.

Ordering Period: 10/01/2019 to 09/30/2020

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

2001 Regular Transcript PG 3,000 2002 Intermediate Transcript PG 300 2003 Daily Transcript PG 0 2004 Expedited Transcript PG 100 2005 Condensed Transcript PG 0 2006 Key Word Indexing PG 0 2007 Additional Copies PG 50 2008 Exhibit Copies PG 300

2009 CD-R EA 0

2010 Audio Cassette Tape EA 0 2011 Videographer Attendance Fee HR 0 2012 Attendance Fee HR 8 2013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

2014 Regular Transcript PG 500 2015 Intermediate Transcript PG 250 2016 Daily Transcript PG 0 2017 Expedited Transcript PG 100 2018 Condensed Transcript PG 0 2019 Key Word Indexing PG 0 2020 Additional Copies PG 0 2021 Exhibit Copies PG 0

2022 CD-R EA 0

2023 Audio Cassette Tape EA 0 2024 Videographer Attendance Fee HR 0 2025 Attendance Fee HR 0 2026 Cancellation Fee EA 0

TRAVEL

2027 Travel Expenses USD FTR rates $XXXX.XX

Ordering Period: 10/01/2020 to 09/30/2021

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

3001 Regular Transcript PG 3,500 3002 Intermediate Transcript PG 350 3003 Daily Transcript PG 0 3004 Expedited Transcript PG 100 3005 Condensed Transcript PG 0 3006 Key Word Indexing PG 0 3007 Additional Copies PG 50 3008 Exhibit Copies PG 300

3009 CD-R EA 0

3010 Audio Cassette Tape EA 0 3011 Videographer Attendance Fee HR 0 3012 Attendance Fee HR 8 3013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

3014 Regular Transcript PG 500 3015 Intermediate Transcript PG 250 3016 Daily Transcript PG 0 3017 Expedited Transcript PG 100 3018 Condensed Transcript PG 0 3019 Key Word Indexing PG 0 3020 Additional Copies PG 0 3021 Exhibit Copies PG 0

3022 CD-R EA 0

3023 Audio Cassette Tape EA 0 3024 Videographer Attendance Fee HR 0 3025 Attendance Fee HR 0 3026 Cancellation Fee EA 0

TRAVEL

3027 Travel Expenses USD FTR rates $XXXX.XX

Ordering Period: 10/01/2021 to 09/30/2022

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

(EST QTY

X UNIT

PRICE)

GRAND JURY TRANSCRIPT

4001 Regular Transcript PG 4,000 4002 Intermediate Transcript PG 400 4003 Daily Transcript PG 0 4004 Expedited Transcript PG 150 4005 Condensed Transcript PG 0 4006 Key Word Indexing PG 0 4007 Additional Copies PG 100 4008 Exhibit Copies PG 300

4009 CD-R EA 0

4010 Audio Cassette Tape EA 0 4011 Videographer Attendance Fee HR 0 4012 Attendance Fee HR 8 4013 Cancellation Fee EA 2

DEPOSITION TRANSCRIPT

4014 Regular Transcript PG 500 4015 Intermediate Transcript PG 250 4016 Daily Transcript PG 0 4017 Expedited Transcript PG 100 4018 Condensed Transcript PG 0 4019 Key Word Indexing PG 0 4020 Additional Copies PG 0 4021 Exhibit Copies PG 0

4022 CD-R EA 0

4023 Audio Cassette Tape EA 0 4024 Videographer Attendance Fee HR 0 4025 Attendance Fee HR 0 4026 Cancellation Fee EA 0

TRAVEL

4027 Travel Expenses USD FTR rates $XXXX.XX

TOTAL ESTIMATE FOR ORDERING PERIOD

Do not include asterisks with exceptions or comments on pricing pages- only state the price

Total ordering periods: ________________________

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 Western District of Arkansas 30 South Sixth Street Fort Smith, AR 72901

C.2 Grand Jury Transcripts

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

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

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

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

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

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

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

5. Hourly Transcript: All hourly transcripts shall be delivered within two hours of request. The Contractor may not be notified in advance of the testimony of this requirement.

6. 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.

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

8. 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.

9. 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.

10. 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 Grand Jury Attendance Fee during those time periods.

In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid one (1) cancellation fee or be paid the number of hours the reporter was available (charged at the Grand Jury Attendance Fee hourly rate), whichever is higher.

11. 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.

12. Other Requirements. As follows:

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

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

c. If 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.

13. Delivery: See Section H.

13. Grand Jury Travel and Per Diem Reimbursement Restrictions:

Travel reimbursement is normally done for both Grand Jury sessions in Las Cruces, NM and for depositions held throughout the state of New Mexico. New Mexico is one of the largest states in the United States and travel to and from Albuquerque, NM can take up to 4-5 hours to reach the Las Cruces Courthouse or designated deposition location. Under certain circumstances, the contractor may be asked to travel the day before to appear at deposition or Grand Jury proceeding at 8:00 a.m. the next morning. All travel reimbursements are done in accordance with the Federal Travel Regulation. Travel within the Albuquerque commuting area shall not be reimbursed by the Government. Federal Travel Regulations can be found at this address:

www.gsa.gov.

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

CERTIFICATE

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

Date Court Reporter

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

C.3 Deposition Transcripts

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

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

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

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

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

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

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

5. Hourly Transcript: All hourly transcripts shall be delivered within two hours of request. The Contractor may not be notified in advance of the testimony of this requirement.

6. 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.

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

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

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

14. Depositions Travel and Per Diem Reimbursement Restrictions:

Travel reimbursement is normally done for depositions held throughout the state of New Mexico. The majority of the depositions will be held in the Albuquerque, New Mexico area. Travel within the Albuquerque commuting area shall not be reimbursed by the Government. New Mexico is one of the largest states in the United States and travel to and from Albuquerque, NM can take up to 4-5 hours to reach the Las Cruces Courthouse or designated deposition location. Under certain circumstances, the contractor may be asked to travel the day before to appear at deposition or Grand Jury proceeding at 8:00 a.m. the next morning. All travel reimbursements are done in accordance with the Federal Travel Regulation. Federal Travel Regulations can be found at this address: www.gsa.gov.

15. 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.

• 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.

(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 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).

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

(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.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Ordering Period:

Ordering period is 10/01/2017 through 09/30/2022. 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:

30 South Sixth Street Fort Smith, AR 72901

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

however, under normal circumstances, will take place:

30 South Sixth Street Fort Smith, AR 72901

F.3 Performance Standards

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

SECTION G

CONTRACT ADMINISTRATION DATA

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

(a) TBD Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code & Telephone No.), 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 at time grand jury transcripts are delivered. Once invoice for each grand jury session. 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 mailto:Yu-Jin.Kim@usdoj.gov

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.4 Accounting and Appropriation Data

TBD

DCN:

TAS:

Cost Center or Account Class:

SOC:

Obligated Minimum Guaranteed Amount): $5,000

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 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. The Residency Requirement states that, for 3 of the 5 years immediately prior to applying for a position, the individual must have: (1) resided in the United States; (2) worked for the United States overseas in a Federal or military capacity; or (3) be a dependent of a Federal or military employee serving overseas.

b. Sufficient Personnel. The Contractor must maintain a sufficient number of approved personnel to execute the contract. The Contractor is not to assign GJ court reporting duties unless, and not until, the COR or representative of the USAO provides notification in writing that the employee has been granted the necessary security approval to perform GJ court reporting duties as outlined under this contract.

c. Suspension or Revocation of Access Approval. Access to GJ information can be suspended or revoked for cause at any time by the Contractor and/or the COR.

d. Required Suitability Approval and Background Investigation. Contractor employees must receive a security approval based upon: (1) A Government conducted Moderate Background Investigation (MBI) or higher background investigation, and (2) Favorable adjudication. A security waiver may be requested by the contractor prior to completion of a background investigation when necessary and as outlined by the Government.