RFP 11192010.doc.rtf

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DOL111RP21178

22 November 2010 Marisol Krist

10 Dec 2010 4:00 PM Est.

OASAM Office of Procurement Services U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210 X x 561492 Due Date $7.0M To All Offerors N/A X U. S. Department of Labor 200 Constitution Ave., NW Washington DC 20210 OASAM Office of Procurement Services U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210

OASAM BRANCH OF INVOICE PAYMENTS

RM: S-5526

US DEPARTMENT OF LABOR

200 CONSTITUTION AVENUE, NW

WASHINGTON DC 20210

See CONTINUATION Page The Department of Labor, Division of Federal Employees’ Compensation (DFEC), Office of Workers’ Compensation Programs,Branch of Hearings and Review (BHR), is requesting Nation Wide Court Reporting Services for 1 (12 month) Base and 4 (12 month) Option Periods

X X x

12-10-2010

BASE PERIOD

ITEM NO

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

18,000

PAGE

TRANSCRIPTION SERVICES

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States (excluding Washington DC) in accordance with the attached Statement of Work.

Base Period

NET AMT

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

TRANSCRIPTION SERVICES (OCONUS)

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

3,000

TRANSCRIPTION SERVICES (Washington DC) Contractor shall provide the following Court Reporting Services to make a Transcript of all hearings in the Washington DC area in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

20,000

TRANSCRIPTION SERVICES (VIDEO)

Contractor shall provide the following Court Reporting Services to make a transcript of all video hearings in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

65,000

TRANSCRIPTION SERVICES (TELEPHONE)

Contractor shall provide the following Court Reporting Services to make a transcript of all telephonic hearings from contractor’s site in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

EA

GOVERNMENT CACELLATION FEE

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

NON-REGULAR TIME TRANSCRIPTION SERVICE

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States and Washington DC in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

NON-REGULAR TIME TRANSCRIPTION SERVICES (OCONUS)

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

BASE PERIOD ESTIMATED TOTAL VALUE $

1ST OPTION PERIOD

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States (excluding Washington DC) in accordance with the attached Statement of Work.

Option Period 1

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Transcript of all hearings in the Washington DC area in accordance with the

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all video hearings in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all telephonic hearings from contractor’s site in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

GOVERNMENT CANCELLATION FEE

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States and Washington DC in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

OPTION PERIOD 1 ESTIMATED TOTAL VALUE $

2ND OPTION PERIOD

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States (excluding Washington DC) in accordance with the attached Statement of Work.

Option Period 2

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Transcript of all hearings in the Washington DC area in accordance with the

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all video hearings in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all telephonic hearings from contractor’s site in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States and Washington DC in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

OPTION PERIOD 2 ESTIMATED TOTAL VALUE $

3RD OPTION PERIOD

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States (excluding Washington DC) in accordance with the attached Statement of Work.

Option Period 3

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Transcript of all hearings in the Washington DC area in accordance with the

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all video hearings in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all telephonic hearings from contractor’s site in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States and Washington DC in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

OPTION PERIOD 3 ESTIMATED TOTAL VALUE $

4TH OPTION PERIOD

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States (excluding Washington DC) in accordance with the attached Statement of Work.

Option Period 4

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Transcript of all hearings in the Washington DC area in accordance with the

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all video hearings in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all telephonic hearings from contractor’s site in accordance with attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the 48 Contiguous United States and Washington DC in accordance with the attached Statement of Work.

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

NTE AMOUNT

Contractor shall provide the following Court Reporting Services to make a transcript of all hearings in the US Territories in accordance with the attached Statement of Work.

OPTION PERIOD 4 ESTIMATED TOTAL VALUE $

TOTAL ESTIMATED CONTRACT VALUE $

STATEMENT OF WORK

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

The Department of Labor (DOL) Division of Federal Employees’ Compensation (DFEC), Office of Workers’ Compensation Programs (OWCP), Branch of Hearings and Review (Branch) is responsible for administering the Federal Employees’ Compensation Hearings and Review Program as authorized by 5 U.S. Code 8124 and 5 U.S. code 8128. It directs the Federal Employees’ Compensation Act (FECA) Hearings and Review Program in such a manner as to best ascertain the right of each claimant and to protect the interest of both the claimant and the Federal government.

The FECA provides workers' compensation coverage to approximately three million federal and postal workers around the world for employment-related injuries and occupational diseases. The DFEC is responsible for the adjudication of FECA claims. The Branch is one of the appellate venues available to Federal employees who disagree with adverse decisions issued by the DFEC. If an appeal is timely requested, the Branch will grant an in-person oral or video hearing, or a telephone hearing to a claimant who wishes to exercise his or her appeal rights. If a review of the written record is preferred by the claimant, one will be granted if timely requested. For FY2009, the Branch processed approximately 7,000 appellate requests.

1.1 OBJECTIVES

This Statement of Work (SOW) details work to be performed in support of the Branch recording of hearings. The contractor shall provide verbatim transcription of all assigned hearings throughout the USA and its territories, and provide these transcripts to the Branch in a timely manner. The contractor shall provide sufficient personnel, in number, training, experience and qualifications to perform the work described herein.

The government anticipates work under this SOW shall be performed in numerous areas throughout the country, with roughly between 3000 and 3500 hearings being conducted per year. However, this is only an estimate. The government anticipates over 95% of these reporting services will be required in the following cities (for which the contractor shall provide local support):

Baltimore, MD Dallas, TX Kansas City, MO Boston, MA New York, NY Philadelphia, PA Chicago, IL Cleveland, OH Denver, CO Jacksonville, FL Long Beach, CA Seattle, WA San Francisco, CA Washington, DC

Hearings are conducted in the cities listed above at averagely five times or more per year. Hearings conducted in the cities listed below may be conducted less than two times per year:

Atlanta, GA Hartford, CT Miami, FL Orlando, FL Tampa, FL Columbus, OH Dallas/Ft. Worth, TX Detroit, MI Kansas City, KS Los Angeles, CA Memphis TN Nashville, TN New Orleans, LA St. Louis, MO Portland, OR Sacramento, CA San Diego, CA Spokane, WA Phoenix, AZ Portland, ME Houston, TX Portsmouth, NH Albuquerque, NM Albany, NY Anchorage, AK Statewide, Hawaii Statewide, Puerto Rico

In addition this requirement includes telephonic hearings from the contractor’s site at an average of 1450 per year.

1.2 CONTRACTOR TRAVEL: Not applicable.

1.3 PERIOD OF PERFORMANCE: The period of performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods. The dates of the period of performance will be determined by the proposed contract award date.

1.4 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the contractors’ proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.4.1 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following holidays:

1.6 HOURS OF OPERATION:

1.6.1 Regular Time: The contractor is responsible for conducting business, between the hours of 8:00 am to 6:00 pm (all time zones), Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.1.1 For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.2 Non-Regular Time: The Contractor shall cover proceedings held between 6:00 p.m. and 8:00 a.m. (all time zones), Monday through Friday, and on Saturdays, Sundays and Government holidays. This coverage is known as non-regular time and is rare.

1.6.2.1 The contractor shall submit a completed copy of the Report of Non-regular Time at Scheduled Hearing, to the COTR each time that the Contractor is required to work during non-regular time.

1.7 PLACE OF PERFORMANCE:

The work to be performed under this contract will be performed on-site at hearing locations and/or off-site at Contractor’s location.

1.8 TYPE OF CONTRACT: The government anticipates award of an Indefinite Delivery Indefinite Quantity contract with firm fixed price task orders.

1.9 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy requirements as described below.

1.9.1 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.9.2 Background Investigations (as needed basis only)

DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.

Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):

1.9.2.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.9.2.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.9.3 Privacy

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.9.4 Ownership

All products and deliverables developed under any resultant contract from this SOW are the property of the U.S. Government and DOL.

1.9.5 Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.10 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE: The (COTR) will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration The COTR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract.

1.11 EMPLOYEE CONDUCT: Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.

1.11.1 Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

1.11.2 Conflict of Interest: The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

1.12 PHASE IN/PHASE OUT PERIOD: Continuation of the Court Reporting Services is a critical concern during the transition of activities from an incumbent Contractor or vendor staff to the succeeding Contractor. Services are to be obtained in the most cost-effective manner and free of any potential conflicts of interest. The Contractor recognizes that the services prescribed under any resulting contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue to provide these services. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date

1.12.1 PHASE IN PLAN: The Contractor shall provide a Phase In Plan at the time of proposal. The phase in plan shall include at a minimum, the status summary of all current projects to initiate performance, related materials; and date the full transition will be complete. The orderly and uneventful transition between the incoming Contractor and outgoing Contractor is vital to assure minimum disruption to Government services and related activities.

The Contractor shall not disrupt official Government business or in any way interfere with the assigned duties of the predecessor Contractor’s employees. The Contractor shall not under any circumstances, contact or conduct any discussions with the predecessor Contractor’s employees while they are on duty at this facility for the purpose of recruitment, scheduling or conducting interviews.

In an effort to facilitate a smooth operational information exchange, the incoming contractor is required to:

Revise/develop and implement a Phase In Plan

Document and develop a baseline noting current Customer Satisfaction levels Request and receive a complete list of Government Standards, Guidelines and Standard Operating Procedures, Service Level Agreements and Operating Level Agreements

1.12.2 PHASE OUT PLAN: Contractor shall provide Phase Out Plan that enables a smooth transition to replacement service with the contract ends.

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COTR - Contracting Officer’s Technical Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Statement of Work.

DOL - Department of Labor

FAR – Federal Acquisition Regulation

OASAM – Office of the Assistant Secretary for Administration and Management

OMB - Office of Management and Budget

PIV - Personal Identity Verification

POP – Period of Performance

Quality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.

Quality Assurance - Those actions taken by the government to assure services meet the requirements of the Statement of Work.

SF – Standard Form

SOW – Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0: Government Furnished Property may be provided as below:

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0: Contractor Furnished Property may be provided as below:

All standard court reporting equipment and supplies

Back-up standard court reporting equipment and supplies in case of defects, etc CDs

PART 5

SPECIFIC TASKS

TASKS

1.0 Hearings:

1.1 The contractor shall perform verbatim reporting, transcribing, and photocopying transcripts as required by BHR. These services shall be provided at various locations in the continental United States, Alaska, Hawaii and Puerto Rico. The government anticipates providing at least thirty (30) day notice of hearings to the contractor as “normal operations”, but in rare exceptions may provide less notice for telephonic hearings.

1.2 The contractor shall provide all personnel, management, equipment, materials, and supplies necessary to perform verbatim reporting, transcribing and photocopying of hearing transcripts as assigned by BHR, except as described under Part 3 above, Government Furnished Property, Equipment and Services. The contractor shall ensure that all assigned court reporters/stenographers perform all work in a business-like manner and according to the best standards of the reporting profession and the contractor. The contractor shall provide promptly at the time, date and place designated as many competent reporters/stenographers as is required, and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts. The contractor agrees that, at a minimum, all assigned court reporters/stenographers shall:

present himself/herself to the presiding official at the time and place of hearing designated.

at all times be governed by instructions by the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

report everything spoken while a hearing is in session unless the presiding official directs an off-the record proceeding for which notes have been taken as required.

1.3 Hearings shall be recorded by reporters/stenographers using electronic recording devices, in addition to their physical presence at the hearing. The contractor shall provide a back up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:

have two (2) channels.

be continuously monitored by an operator.

have simultaneous playback, listening pre-amplification and speaker identification capabilities.

have an equipment malfunction indicator.

1.4 The contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable government standards. No transcripts shall be forwarded to the government until the quality checks reveal full format conformance and freedom from error.

1.5 There are three types of oral hearings: face to face, video conference and telephonic hearings. The Contractor agrees that the assigned reporter/stenographer will: (1) meet, greet and escort various parties involved in the video conference from the building entrance to the hearing room and vice-versa; (2) advise designated point of contact of government –owned equipment difficulty; and (3) advise designated point of contact of start and finish time of hearing day.

1.6 In any instance where the contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the contractor shall immediately notify the COTR. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.

1.7 If, after notice of a proposed hearing, the Contractor does not appear at the time and place specified for the hearing, the COTR will hold the contractor responsible for finding a substitute for the hearing. The Contractor may be responsible for the reimbursement to the Department of Labor for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Statement of Work. The Government may deduct such expenses from any other sums due or that may become due the Contractor.

1.8 The contractor shall be fully responsible for all loss or damage to materials associated with this SOW while in the contractor’s care and custody. The contractor shall keep accurate records of the materials picked up from the government or received from a claimant associated with a hearing or claim under the WHD. The listing shall include a list of materials, the status of the assignment and the case number assigned by the government.

2.0 Re-Hearings

2.1 Should the contractor cause the government to re-hear any case or hearing or other proceeding, the contractor shall provide the reporting services at that re-hearing at no cost to the government. In addition, the contractor shall be liable for all government expenses, claimant expenses and attorneys fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

Loss of original recordings, transcripts or photocopies.

Failure of the contractor’s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time.

Receipt of products by the Government in such poor condition as to be unusable.

Attempted use of electronic recording equipment which does not conform to the requirements noted herein.

Failure of the Contractor to deliver transcripts (original and 1 copy) within ten (10) business days after a hearing.

3.0 Deliverables:

3.1 Confirmation: The Government will provide, as much as possible, a monthly schedule to the Contractor. Every Friday, by 2:00pm, the Contractor will send an email to the COTR to confirm that all hearings scheduled for the following week have been booked with court reporters/stenographers.

3.2 Hearing Documents: The contractor shall furnish one (1) original, two (2) copies and one (1) CD of all recording, transcripts and photocopying. All documents shall be prepared, proofread, quality checked and delivered to the COTR not later than 4:45 p.m. five (5) business days after hearings held in Washington, DC and in the 48 contiguous states of the United States, and not later than 4:45 p.m. fifteen (15) business days after hearings held in Alaska, Hawaii, and Puerto Rico. These time frames begin on the first workday following the close of each hearing day. E-mail copies will not be accepted.

3.3 Corrected Documents: The contractor shall furnish complete reporting, recording, transcripts and photocopying which accurately reflect the full and complete verbatim record of the proceeding. Where errors attributable to the contractor’s performance appear in the transcript (i.e., those which can obscure the meaning of the testimony, but not including typographical errors or misspelling, if the intended meaning is clearly evident, such as “thier” for “their” or “teh” for “the” etc.) the government may require the contractor to immediately correct such errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the government.

3.4 ReHearing Documents: At no cost to the Government, the contractor shall furnish one (1) original, two (2) copies and one (1) CD of all recording, transcripts and photocopying. All documents shall be prepared, proofread, quality checked and delivered to the COTR not later than 4:45 p.m. ten (10) business days after hearings.

3.5 Pre Addressed Envelopes: The Government will provide the franked envelopes with a pre-printed return address. The Contractor shall include, with each transcript delivered to the Government, franked envelopes addressed to either the claimants or his/her attorney and to the claimant’s employer. The Contractor shall either address the envelopes directly, or use mailing labels.

3.6 The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COTR in advance, by specific case number only (no names, SSNs, etc), when timely delivery cannot be made, and when correction of deliver will be made.

4.0 Cancellation or Postponements of Hearing

4.1 If a notice of cancellation or postponement of a hearing is not received by the Contractor, from the Government, prior to 2:00 p.m. the business day proceeding the day of the schedule hearing, the Contractor may be entitled to a cancellation or postponement fee. This charge may be applied only once per location site, per day, when all hearings scheduled for that site have been cancelled.

5.0 Performance Requirements:

5.1 Performance Objective 1: Full Representation at all Hearings. The contractor shall ensure adequate and prompt physical representation for all hearings assigned to support. Personnel shall be properly trained and have the necessary qualifications and experience to provide professional and comprehensive recording, transcription and photocopying services as described herein. Recording equipment shall be fully functional as described herein.

5.1.1 Performance Measurement for Performance Objective 1. No more than one (1) assigned hearing per year receives inadequate contractor representation. All associated direct and indirect costs associated with re-hearings or government actions necessary to overcome inadequate contractor performance is fully reimbursable to the government by the contractor.

5.2 Performance Objective 2: Timely Delivery. The contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing recordings, transcripts and photocopies. The Contractor shall advise the COTR in advance, by specific case number, when timely delivery can not be made, when delivery will be made, and what corrective actions the contractor takes to alleviate similar future discrepancies.

5.2.1 Performance Measurement for Performance Objective 2. Less than one (1) percent of deliveries are late.

5.3 Performance Objective 3: Error-Free Deliverables. The contractor shall ensure all deliveries of hearing recordings, transcripts and photocopies accurately reflect that which transpired at the hearing.

5.3.1 Performance Measurement for Performance Objective 3. Less than one (1) percent of recordings, transcripts and photocopies must be returned for correction by the contractor. All corrections are made and items are re-delivered to the COTR within five (5) days of notification of the need for correction.

6.0 Format of Transcripts:

6.1 All trancripts shall be typed with black record ribbon on white linen unglazed paper of good quality, special onion skin, substance #9, or similar stock, to be approved by the Contracting Officer. Paper shall be 8 ½ by 11 inches, with ruled margin of 1 ¾ “ at the left side and ruled margin of 3/8” fo the right side. A number indicating each line of transcript upon each page i.e. 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the origianl and copies of the transcript.

Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.

In the original and each copy of the transcript the cover page showing name, case number, place and date of hearing, appearances, etc. shall be followed by a page identifying the exhibits introduced by exhibit number and the page number of the transcript wherein it is introduced.

The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearing, conference etc.

The original transcript and (2) copies shall be authenticated by the Official Reporter by a certificate page in the following form:

CERTIFICATION

I, (name of transcriber), hereby certify that the examination of the witnesses, as provided to me by (name of reporter), the Reporter in the within case, was reduced to writing by me, and that the transcript is a true record of the testimony given by the witnesses. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

________________________________, Transcriber Name of Court Reporting Services

Covers for transcripts shall be typewritten, and in the form hereto attached

Retention of Notes and Transcripts:

The contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under4 this contract, and typed plate made thereform, shall be file and held y the reported subject to authority and control of the Department of Labor for a period of one year.

PART 6

APPLICABLE PUBLICATIONS

REFERENCES, LAWS, REGULATIONS AND POLICIES

At a minimum, Contractor performance in accordance with the requirements herein shall fully comply with the following laws, regulations, policies and guidelines:

Title III of the E-Government Act of 2002 — Federal Information Security Management Act (FISMA)

Internet Resources:

TECHNICAL EXHIBIT 1

DELIVERABLE SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Verified Schedule Weekly (Friday previous) Email

COTR

Transcription and Hearing Copy (Within Washington DC and 48 contiguous States) 5 Business Days 1 Original , 2 Copies, 1 CD MS Word

COTR

Transcription and Hearing Copy (Outside Washington DC or the 48 Contiguous States) 15 Business Days 1 Original , 2 Copies, 1 CD MS Word

COTR

Corrected Transcription and Hearing Copy , regardless of location 5 Business Days 1 Original , 2 Copies, 1 CD MS Word

COTR

Re-Hearing Transcription and Hearing Copy, regardless of location.

10 Business Days 1 Original , 2 Copies, 1 CD MS Word

COTR

TECHNICAL EXHIBIT 2

APPLICABLE WAGE DETERMINATION / REVISION #S

The Contractor must notify the procurement office of any hearings, etc, outside the below listed counties, so that the applicable wage determination can be added via modification. Refer to www.wdol.gov for full wage determinations latest revision.

STATE

CITY

COUNTY

WD #

Alaska Anchorage Statewide 05-2017 Arizona Phoenix Maricopa 05-2023 California Long Beach Los Angeles 05-2047 California Sacramento Sacramento 05-2055 California San Diego San Diego 05-2057 California San Francisco San Francisco 05-2059 Colorado Denver Denver 05-2081 Connecticut Hartford Hartford 05-2087 D.C.

Washington Statewide 05-2103 Florida Jacksonville Duval 05-2115 Florida Miami Dade 05-2119 Florida Orlando Orange 05-2123 Florida Tampa Hillsborough 05-2125 Georgia Atlanta Fulton 05-2133 Hawaii Statewide Statewide 05-2153 Illinois Chicago Cook 05-2167 Louisiana New Orleans Orleans Parish 05-2233 Massachusetts Boston Suffolk 05-2255 Maine Portland Cumberland 05-2241 Michigan Detroit Wayne 05-2273 Missouri Kansas City Jackson 05-2307 Missouri Saint Louis St. Louis 05-2309 New Hampshire Portsmouth Rockingham 05-2339 New Mexico Albuquerque Bernalillo 05-2361 New York Albany Albany 05-2367 New York New York New York 05-2375 Ohio Cleveland Cuyahoga 05-2415 Ohio Columbus Franklin 05-2417 Oregon Portland Multnomah 05-2441 Pennsylvania Philadelphia Philadelphia 05-2449 Puerto Rico Statewide Statewide 05-2461 Tennessee Memphis Shelby 05-2495 Tennessee Nashville Davidson 05-2497 Texas Dallas Dallas 05-2509 Texas Houston Harris 05-2515 Washington Seattle King 05-2563 Washington Spokane Spokane 05-2565

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS

I. PROPOSAL SUBMISSION. The offeror’s proposal shall be submitted via email as set forth below. The Offeror’s proposal shall consist of four (4) separate volumes/documents. The Volumes are: I - Technical, II - Past Performance, III- Price, IV- Solicitation, Offer and Award Documents and Certifications/Representations (or notification that vendor is registered in ORCA). Files shall not contain classified data. The intent of this standardized format is not to limit creativity. Creativity is permitted within the parameters below to allow the Government a more fair and easy assessment of offers. The offeror’s proposal shall address in sufficient detail how all requirements in the Statement of Work (SOW) will be met effective the date of award.

Questions regarding this solicitation must be submitted in writing only to Ms. Marisol Krist via email at: krist.marisol@dol.gov. Questions must be submitted not later than 29 Nov 2010, 12:00PM EST. Responses to questions submitted, if/as appropriate, will be responded to via an amendment to the solicitation only, which will be provided. Proposals are due 10 Dec 2010, 12:00PM EST.

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. A Table of Contents should be created using the Table of Contents feature in MS Word. MS Word (.doc) files shall use the following page setup parameters.

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer – 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply: Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. New Times Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

b. File Packaging. Proposals shall be submitted in four volumes/edocuments, as outlined above, Proposal Submission. Offerors shall attach a cover sheet as the first page of each volume/document, which clearly identifies each volume by volume number, volume name, Request for Proposal (RFP) number, and date of submission.

c. Page Count. The page count is as follows:

Proposal Part Page Count Volume I – Technical NTE 25 pages, excluding the QCP, resumes, covers, title pages, executive summaries, table of contents and supporting documentation attachments--each attachment may not exceed 5 pages, with no more than a total of 5 attachments.

Volume II – Past Performance NTE 7 pages for each questionnaire submitted. (See Attachment 1) Volume III – Price No Page Limitation Volume IV– Solicitation, Offer and Award Documents, Certifications/Representations No Page Limitation

d. Content Requirements. All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. Each volume of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the volume. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

(i) VOLUME I –TECHNICAL APPROACH- The proposal will be evaluated to determine whether the Offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the Offeror’s methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion within the required schedule. No pricing information is to be provided in the Technical Proposal.

Sub-factor 1: UNDERSTANDING OF THE REQUIREMENT – The Offeror shall submit a proposal that demonstrates its understanding of the work described in Part 5 of the SOW and the extent to which potential risks are identified and mitigated.

Sub-factor 2: CORPORATE EXPERIENCE - The Offeror shall submit a summary of work experience of a similar nature, scope, complexity, and difficulty to that which will be performed under the prospective contract contemplated by this solicitation. The Offeror must demonstrate successful capability to perform multiple hearings scheduled throughout the day at any given location. (i.e. approximately 10 hearing representatives may be holding hearings via telephone, 5 others representatives can be holding in-person hearings in 5 different locations around the country while 5 other hearing representative are holding video hearings in 5 other locations.)

Sub-factor 3: PHASE IN AND PHASE-OUT PLAN The Offeror shall submit a plan which includes Phase-In Plan which contains a reasonable, realistic approach for assuming full contractual responsibility without disruption or degradation of performance during the start-up period. The plan shall identify risk, propose appropriate mitigation strategies, proposes a realistic, achievable and affordable start-up schedule and staffing plan. The plan shall ensure sufficient resources are on hand and available to begin work under this requirement. It shall include a statement that the personnel proposed are available, trained, and qualified to perform the work under this effort.

Sub-factor 4: QUALITY CONTROL PLAN - Offeror shall submit a Quality Control Plan (QCP) that details how they intend to monitor, inspect, and correct deficiencies for the requirements of the SOW. The Government shall incorporate the QCP in the contract that will result from this solicitation. The QCP will no longer be considered proprietary and will be considered releasable under FOIA.

(ii) VOLUME II- PAST PERFORMANCE: The offeror will submit past performance of three (3) previous contracts for current relevancy (within 3 years), with at least one (1) previous or current contract with relevancy within the past 12 months. Contracts listed may include those entered into with Government agencies or private sectors.