SOW DJJ REQ EOA79 12 0046 BOWNSVILLE-MCALLEN.pdf

Executive Office for United States Attorneys

Acquisitions Staff Bicentennial Building

600 E Street, NW, Suite 5200

Washington, DC 20530

(202) 252-5400 FAX (202) 252-5401

Tuesday, January 10, 2012

Reference: Grand Jury and Deposition Court Reporting Services

Subject: Request for Proposal

Solicitation Number DJJ-REQ-EOA79-12-0046 100% Small Business Set-Aside

Dear Offeror:

The Executive Office for United States Attorney’s (EOUSA) on behalf of the United States Attorney’s Office, Southern Texas (Brownsville & McAllen) invites contractors under the authority of the Federal Acquisition Regulation (FAR), Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures, to submit a proposal for Grand Jury and Deposition Court Reporting Services described in the attached 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 written solicitation will not be issued.

Enclosed you will find a Statement of Work for Grand Jury and Deposition Court Reporting Services.

Please provide this office with a price and technical proposal, to include proposed personnel resumes, to accomplish the work described in the attached Statement of Work. Proposals are due no later than 4:00 PM, Eastern Standard Time on Thursday, January 26, 2012.

All questions as it relates to this solicitation will only be accepted until January 17, 2012, 2:00 PM, EST by email. Questions can be emailed to Nicole Green at Nicole.green@usdoj.gov.

All questions and answers will be made known to all prospective offerors.

The selection process for this procurement will be the Best Value Trade-Off Process. Source selection will be based on past performance, key personnel, experience and price. Under the Best Value Trade Off source selection process, non-price evaluation factors, when combined are significantly more important than price. However, EOUSA will not make an award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, EOUSA will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability with the marginal difference in price.

All Proposals shall include the following information (See Section L of the solicitation):

(1) Provide resumes of prospective personnel. The prospective personnel will be the person(s) expected to perform the tasks identified in the Scope of Work. The resume(s) should reflect the personnel’s security clearance level, training and certifications, if any.

(2) Provide up to three (3) references for commensurate projects that are in progress or were completed within the last three (3) years. If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well. References may be from commercial and federal/state Government contracts; however, similar support services performed for Federal Government customers generally will be considered more relevant than those done for commercial or state government customers. The Government reserves the right to check other references not provided by the Contractor.

The following information is required for each reference:

(A) Customer name and address

(B) Point of contact (name, telephone number) for contractual/administrative matters and technical performance.

(C) Period of contract performance

(D) Description of work performed

(3) A summary of the Contractor’s experience demonstrating the contractor’s knowledge and ability to perform the duties and tasks reflected in the Scope of Work. This summary shall not exceed two (2) pages.

(4) Price quote as reflected in Section B.

(5) RFP Checklist (Section J.6 Attachment)

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 $7.0 million.

The Government will award a contract for one base year and four 12 month option years. The precise period of performance date will be determined at the time of award.

Proposals submitted in response to this RFP will be received in the following manner: via regular mail (please allow additional time for security screening), hand carried, and email. Proposals may also be forwarded by Courier or Overnight Mail Service to the attention of the undersigned at EOUSA.

Hand-Carried and Mailing Address:

Executive Office for the United States Attorney’s Office

600 E Street, NW, Suite 5200

Attention: Nicole Green

Email Address: Nicole.Green@usdoj.gov

Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above.

Please refer any questions concerning this request to Nicole Green at 202-252-5411 or by email at Nicole.green@usdoj.gov.

Sincerely, Nicole Green Contracting Officer EOUSA Acquisitions Staff

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 in Southern Texas, (Brownsville and McAllen).

(b) The contract term includes a base year and four option years as shown in the table below.

Contract Term

BASE YEAR 04/01/12 – 03/31/2013

OPTION YEAR 1 04/01/13 – 03/31/2014

OPTION YEAR 2 04/01/14 – 03/31/2015

OPTION YEAR 3 04/01/15 – 03/31/2016

OPTION YEAR 4 04/01/16 – 03/31/2017

(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.

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

B.2 Minimum and Maximum Amounts

(a) The “USAO’ will order a minimum amount of $ 112,500.00 under this contract. The specific CLINs and quantities will be identified in the work order(s) issued under this contract. The exercise of the option periods does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below.

(b) There are no maximum quantities or amounts for each individual CLIN, work order, contract period, or contract. The maximum aggregate amount of all work orders issued under all contract awarded shall not exceed $ 750,000.00 for the entire term of the contract, including all options which may be exercised.

B.2 Pricing

(a) All unit prices are fixed unit prices that include all costs (including, but not limited to: labor, fringe benefits, overhead, 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 100.

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

3. Historically, the average number of depositions per year has been _100_.

4. The line items indicated below are line items that may be ordered throughout the duration of the contract on an as needed basis.

Base Year: 4/1/2012-3/31/2013

ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE

TOTAL

EST.PRICE

GRAND JURY TRANSCRIPT

0001 Regular Transcript PG 10000 0002 Expedited Transcript PG 100 0003 Daily Transcript PG 100 0004 Hourly Transcript PG 100 0005 Key Word Indexing PG 200 0006 Additional Copies PG 1000

0007 CD-R EA 100

0008 Attendance Fee HR 80 0009 Cancellation Fee EA 4

DEPOSITION TRANSCRIPT

0010 Regular Transcript PG 15000 0011 Expedited Transcript PG 100 0012 Daily Transcript PG 300 0013 Hourly Transcript PG 200 0014 Key Word Indexing PG 300 0015 Additional Copies PG 5000

0016 CD-R EA 200

0017 Video Recording Fee HR 8 0018 Attendance Fee HR 200 0019 Cancellation Fee EA 4

TOTAL EST. BASE YEAR VALUE

Option Year One: 4/1/2013-3/31/2014

QTY.

UNIT

PRICE

TOTAL

EST. PRICE

GRAND JURY TRANSCRIPT

1001 Regular Transcript PG 10000 1002 Expedited Transcript PG 100 1003 Daily Transcript PG 100 1004 Hourly Transcript PG 100 1005 Key Word Indexing PG 200 1006 Additional Copies PG 1000

1007 CD-R EA 100

1008 Attendance Fee HR 80 1009 Cancellation Fee EA 4

DEPOSITION TRANSCRIPT

1010 Regular Transcript PG 15000 1011 Expedited Transcript PG 100 1012 Daily Transcript PG 300 1013 Hourly Transcript PG 200 1014 Key Word Indexing PG 300 1015 Additional Copies PG 5000

1016 CD-R EA 200

1017 Video Recording Fee HR 8 1018 Attendance Fee HR 200 1019 Cancellation Fee EA 4

TOTAL EST. OPTION YEAR ONE VALUE

Option Year Two: 4/1/2014-3/31/2015

QTY.

UNIT

PRICE

TOTAL

EST. PRICE

GRAND JURY TRANSCRIPT

2001 Regular Transcript PG 10000 2002 Expedited Transcript PG 100 2003 Daily Transcript PG 100 2004 Hourly Transcript PG 100 2005 Key Word Indexing PG 200 2006 Additional Copies PG 1000

2007 CD-R EA 100

2008 Attendance Fee HR 80 2009 Cancellation Fee EA 4

DEPOSITION TRANSCRIPT

2010 Regular Transcript PG 15000 2011 Expedited Transcript PG 100 2012 Daily Transcript PG 300 2013 Hourly Transcript PG 200 2014 Key Word Indexing PG 300 2015 Additional Copies PG 5000

2016 CD-R EA 200

2017 Video Recording Fee HR 8 2018 Attendance Fee HR 200 2019 Cancellation Fee EA 4

TOTAL EST. OPTION YEAR TWO VALUE

Option Year Three: 4/1/2015-3/31/2016

QTY.

UNIT

PRICE

TOTAL

EST. PRICE

GRAND JURY TRANSCRIPT

3001 Regular Transcript PG 10000 3002 Expedited Transcript PG 100 3003 Daily Transcript PG 100 3004 Hourly Transcript PG 100 3005 Key Word Indexing PG 200 3006 Additional Copies PG 1000

3007 CD-R EA 100

3008 Attendance Fee HR 80 3009 Cancellation Fee EA 4

DEPOSITION TRANSCRIPT

3010 Regular Transcript PG 15000 3011 Expedited Transcript PG 100 3012 Daily Transcript PG 300 3013 Hourly Transcript PG 200 3014 Key Word Indexing PG 300 3015 Additional Copies PG 5000

3016 CD-R EA 200

3017 Video Recording Fee HR 8 3018 Attendance Fee HR 200 3019 Cancellation Fee EA 4

TOTAL EST. OPTION YEAR THREE VALUE

Option Year Four: 4/1/2016-3/31/2017

QTY.

UNIT

PRICE

TOTAL

EST. PRICE

GRAND JURY TRANSCRIPT

4001 Regular Transcript PG 10000 4002 Expedited Transcript PG 100 4003 Daily Transcript PG 100 4004 Hourly Transcript PG 100 4005 Key Word Indexing PG 200 4006 Additional Copies PG 1000

4007 CD-R EA 100

4008 Attendance Fee HR 80 4019 Cancellation Fee EA 4

DEPOSITION TRANSCRIPT

4010 Regular Transcript PG 15000 4011 Expedited Transcript PG 100 4012 Daily Transcript PG 300 4013 Hourly Transcript PG 200 4014 Key Word Indexing PG 300 4015 Additional Copies PG 5000

4016 CD-R EA 200

4017 Video Recording Fee HR 8 4018 Attendance Fee HR 200 4019 Cancellation Fee EA 4

TOTAL EST. OPTION YEAR FOUR VALUE

TOTAL ESTIMATED CONTRACT VALUE

(Base and All Options Value): $___________________

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Work Statement

(a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed, except as otherwise provided herein, to record and transcribe Grand Jury and/or Deposition testimony, on an "as needed" basis for the United States Attorney’s Office, specified in Section B in accordance with the terms, conditions and Statement of Work set forth herein. The U.S.

Attorney's Office will be referred to as "USAO" and the provider of recording services will be referred to as "Contractor."

(b) Unusual court related requirements with the USAO which are not otherwise covered in this Statement of Work are described below.

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

U.S. Courthouse 600 E. Harrison Brownsville, TX 78520

U.S. Courthouse 1701 W. Highway 83 McAllen, TX 78501

Grand Jury Transcripts

(a) Scheduling of Grand Jury: The USAO will notify the Contractor of the requirement for attendance at a Grand Jury 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 their intention to take the Grand Jury session by returning the signed work order form 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 agrees that it will assign the same court reporter for each continued segment of that given Grand Jury session. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that Grand Jury session, if absent show good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO that another court reporter will be providing the court reporting services.

(b) Transcripts. 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.

Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered along with a CD of the transcript(s) 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 time frames. Billing rates for these turnaround times are set forth in Section B of this contract.

1. Regular: All “regular” transcripts along with the CD of the transcript will be completed and delivered on or before the 10th business day. A regular transcript shall be provided upon request for transcription, unless more expedient delivery is requested by the USAO in accordance with items 2 - 4 below.

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.

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

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

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. CD. A CDR containing the transcript shall be produced in a ASCII, Word, or

WordPerfect format and delivered with the original transcript. Floppy discs shall not be accepted.

7. Attendance Fee. The Contractor may charge an Attendance Fee for each hour the reporter appears for a scheduled Grand Jury proceeding. Proceedings are generally scheduled from 9:00 am through 5:00 pm, with a one hour lunch break. No Attendance fee may be charged for the lunch period. The minimum Attendance Fee for any single day is three (3) hours. A daily attendance fee may be charged for Depositions.

8. Cancellation Fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00 pm the day before the scheduled proceedings. If the Government does not notify the contractor within the designated time and the contractor reports to provide service, the contractor may request a Cancellation Fee not to exceed the minimum Attendance Fee in item 7 above.

9. Other Requirements.

(1)Each witness' testimony shall be in a separate transcript.

(2)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. The USAO reserves the right to request transcription at a later date, for which the transcription fee may be charged.

(3)Grand Jury transcripts may not be sold to anyone other than the Government at anytime under any circumstances.

10. Delivery: All Grand Jury Transcripts shall be delivered by contractor personnel, messenger service or overnight courier (Fed Ex). Transcripts must be double wrapped with no indicators of the contents on the outer wrapping. The inner envelope must state "Grand Jury Material Enclosed. To be Opened by Authorized Personnel ONLY".

Unauthorized viewing of this material is a violation of the law. Grand Jury information may be mailed ONLY if it is sent certified, registered, or by Fed-Ex.

11. 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.

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 their intention to take the deposition by returning the signed work order form 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 agrees that it will assign the same court reporter for each continued segment of that given deposition. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that deposition absent good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO 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 along with a CD of the transcript 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: A “regular” transcript of each witness’s testimony shall be delivered to the USAO on or before the 10th business day after the date a witness testifies in the deposition without being requested by the USAO, unless an “expedited” transcript is requested by the USAO in accordance with Paragraph 2 through 4 below.

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 9:30 am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement.

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

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. CDR. A CDR containing the transcript shall be produced in a ASCII, Word or WordPerfect format and delivered along with the original transcript.

7. Attendance Fee. The Contractor may charge a daily Attendance Fee.

8. Cancellation Fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00 pm the day before the scheduled proceedings. If the Government does not notify the contractor within the designated time and the contractor reports for the Deposition, a Cancellation Fee may be requested not to exceed the daily Attendance Fee in item 7 above..

9. Other Requirements.

(1)A transcript of all witness testimony shall be produced in accordance with above. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO.

(2)Each witness' testimony shall be in a separate transcript.

(3)Deposition transcripts may not be sold to anyone other than the Government at anytime under any circumstances unless expressly authorized by the USAO.

10. Delivery. Deposition transcripts shall be delivered as instructed by the individual AUSA.

11. 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.

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 Stenomask. 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.

1. Stenomask Recording. The mandatory requirements in the event stenomask 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 preamplification.

1. 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.

2. 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 reverification can be made of the transcript.

3. Video Tape Recording. The Government must 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 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 and CDR, 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.

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 photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs.

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. Copies of transcripts will not be made available to the public.

(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.

Reports The Contractor shall submit immediately, in writing, to the Contracting Officer and the U.S. Attorney’s Office 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 United States Attorney’s Office 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.

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

7. The Contractor shall also maintain and keep available for review by the United States Attorney’s Office 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.

Ordering

(a) Services to be furnished under this contract shall be ordered by the issuance of work orders signed by Contracting Officer’s Technical Representative (COTR) or Authorized Individual of the United States Attorney’s Office. 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. The contract will not be modified or superseded by any work order issued hereunder. A sample Court Reporting Ordering Form is attached. The ordering form or another acceptable form approved by the USAO can be used to issue work orders for court reporting services under this contract.

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

Date of Order Order Number Description of Service Place of Performance Account & Appropriation Data, if applicable Primary Point of Contact of the work order

(b) List of Authorized Individuals designated to place work orders under this contract will be provided upon acceptance of proposal.

SECTION D

PRESERVATION, PACKAGING AND MARKING

Please see Section C, Description/Specifications/Statement of Work, for delivery instructions of Grand Jury and Deposition Transcripts.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001

LABOR-HOUR

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Period of Performance:

F.2 Place of Performance

U.S. Attorney Office 919 Milam, Suite 1500 Houston, TX 77002

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

F.3 Performance Standards

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in Section C, Tangible Results and Deliverables, will be conducted jointly by the COTR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract.

BASE YEAR 04/01/12 – 03/31/2013

OPTION YEAR 1 04/01/13 – 03/31/2014

OPTION YEAR 2 04/01/14 – 03/31/2015

OPTION YEAR 3 04/01/15 – 03/31/2016

OPTION YEAR 4 04/01/16 – 03/31/2017

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Technical Representative (COTR)

Upon award, a Contracting Officer's Technical Representative (COTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder. The COTR is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

2852.201-70 Contracting Officer's Technical Representative (COTR).

Contracting Officer's Technical Representative (COTR)

(JAN 1985)

(a) Ms. Pamela Morgan of USAO/SDTX, 919 Milam, Suite 1500, Houston, TX 77002, 713-567-9318, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR 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 COTR 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 Contracting Officer

The Contracting Officer for this contract is:

Nicole Green Executive Office for US Attorneys Acquisitions Staff 600 E. Street, NW, Suite 5200

Written communications shall make reference to the contract number and shall be mailed to the above address.

G.3 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g) in Section I. 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

Invoices shall be submitted to the COTR at the address shown in Section G, clause 2852.201-70 Contracting Officer’s Technical Representative (COTR). The COTR will certify the invoice for payment and forward the invoice to the Finance Office for payment with a copy to the Contracting Officer.

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

Brownsville/McAllen

TAS: 15120322

Cost Center or Account Class: 0E4079/0E40071079

SOC: 2508/2509

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Security Requirements - Classified

(a) The work to be performed under this contract will involve access to classified information [National Security Information (NSI)] as well as access to unclassified information. All references to “contract(or) personnel” and “contract employee” in this clause include all individuals that will perform under this contract, including individuals employed by the Contractor, team member, subcontractor, consultant, and/or independent contractor.

(b) The Contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified information.

(c) Duplication or disclosure of the data and other information (classified and unclassified) to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

H.1.1 Contractor Personnel

(a) The type of security investigation required will be governed by the type of information made available to Contractor personnel. Contractor personnel that require access to classified information will be processed through the National Industrial Security Program (NISP). Contractor personnel that require access to unclassified information will be subject to a Public Trust Investigation (PTI). Except where specifically noted otherwise (e.g., H.1.1.2.4(a)), the Government will be responsible for conducting the investigation and the cost of the investigation. All investigations will be conducted in accordance with applicable Executive Orders, DOJ Orders, Office of Personnel Management (OPM) guidance, Homeland Security Presidential Directive 12 (HSPD-12), and Federal Information Processing Standard Publication

201 (FIPS 201).

(b) PTI certifications will be accepted from other Federal agencies provided the investigation performed by the other agency meets or exceeds DOJ requirements.

(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COTR and Security Programs Manager (SPM), have received the requisite NSI Clearance or PTI security approval.

(d) During the life of the contract, the Contractor shall ensure that no contract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer, the COTR, or the SPM.

H.1.1.1 Access to Classified Information

(a) The Contractor shall possess or be capable of obtaining a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security Clearance Facility Code and a Top Secret or Secret Facility Clearance to fully perform this contract. As directed by the COTR and SPM, the Contractor shall submit the information necessary to allow the Government to prepare and obtain for the Contractor a "Department of Defense Contract Security Classification Specification" (DD Form 254) for this contract. Where such clearance is required, the Contractor agrees to provide information and access to Contractor facilities as may be required by Government investigators.

(b) Immediately after contract award (or receipt of the required Facility Clearance), the Contractor’s Facility Security Officer (FSO) shall furnish to the COTR a list of all personnel proposed to work under this contract who have been processed through the NISP by the Defense Security Service (DSS). The Contractor shall update this information as individuals are added or deleted from the contract and the FSO shall provide the updated list to the COTR.

(c) For each contract employee that requires access to classified information under this contract, the Contractor shall forward a Visit Authorization Request (VAR) or a copy of the Joint Personnel Adjudication System (JPAS) Personnel Summary printout indicating the current background investigation information and clearance level.

H.1.1.2 Access to Unclassified Information

Note: Contractor personnel that have a currently active, approved NSI clearance will not be processed for a Public Trust Investigation (PTI) if the current investigation meets the investigative requirements for the risk level of the position to be occupied under this DOJ contract.

(a) Contractor personnel only requiring access to unclassified information will fall under the following categories:

(1) High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of the DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy or program authority.

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

(3) Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the Department.

H.1.1.2.1 Pre-Appointment Background Investigations and Waivers

(a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this contract. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a pre-appointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COTR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally-controlled information systems and/or unescorted access to Federally-controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions as part of the pre-employment waiver except in the case of non- U.S. citizen contract employees. However, long-term contract employees requiring unescorted access to Federally-controlled facilities and/or access to any Federally-controlled information system shall be subject to the requisite background investigations described below. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COTR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract. The minimum pre-appointment investigative requirements are as follows:

(1) High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquiries (ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(2) Moderate Risk Positions. The minimum background investigation required is a

Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five year reinvestigation required is a National Agency Check with Law and Credit (NACLC). The SF-85P is required.

(3) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a National Agency Check with Written Inquiries (NACI) and the required five year reinvestigation is also a NACI.

The SF-85, Questionnaire for Non-Sensitive Positions, is required.

(b) The pre-appointment background investigation waiver requirements include:

(1) Favorable review of the security questionnaire form;

(2) Favorable FBI fingerprint results;

(3) Verification of citizenship (copy of a birth certificate, Naturalization Certificate, or

U.S. Passport);

(4) Verification of compliance with the DOJ residency requirement;

(5) Favorable credit report for contract personnel in High Risk and Moderate Risk positions; and,

(6) Verification of the initiation of the appropriate background investigation for long-term Contractor personnel.

H.1.1.2.2 Required Security Forms

(a) The following forms must be completed and submitted by the Contractor’s Corporate Security Officer for each contract employee PTI:

(1) FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The

Contractor may schedule appointments with the SPM to be digitally fingerprinted;

otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints, or by the FBI if prints are taken there.

(2) SF-85 Questionnaire for Non-Sensitive Positions -or- SF-85P Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/SF-85P via the Electronic Security Questionnaires for Investigations Processing (e-QIP) System after first obtaining access to e-QIP from the SPM (see paragraph (c) below). The Contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package.

(3) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This is required for Contractor personnel in High Risk and Moderate Risk positions.

(4) Foreign National Relatives and Associates Statement. This is only required if any relatives listed on the SF-85/SF-85P are foreign nationals.

(5) Confidentiality Agreement for Contractor and Subcontractor Employee. See Section H.2 for confidentiality requirements.

(b) The Contractor shall also submit a credit report for each individual designated at the High Risk or Moderate Risk level, and have resolved satisfactorily any individual credit issues.

(c)…