Final_Deposition Services SOW.pdf

United States Department of Justice (USDOJ)

United States Trustee Program (USTP)

Statement of Work (SOW)

For

Remote (Virtual) and In-Person Deposition and Examination Reporting Services

Table of Contents 1 Scope of Work

1.1 Service Definitions

1.2 Personnel

1.3 Examinations

1.4 Depositions

1.5 Remote (Virtual) Court Reporting Services

1.6 In-Person Court Reporting Services

1.7 Interpreter Services

1.8 Communication Expectations

1.9 Professionalism Expectations

1.10 Qualifications

1.11 Authority to place orders

2 Cancellation and Attendance Fees 3 Delivery Requirements

3.1 Delivery Schedule

3.2 Electronic Transcript

3.3 Hard Copy Transcript

3.4 Exhibits

3.5 Video Recording

3.6 Delivery Period

3.7 Security and Privacy Vendor Deliverables

3.8 Invoicing and tracking

4 Federal Holidays 5 Remote (Virtual) Proceeding Expectations 6 In-Person Proceeding Expectations 7 Acceptance Criteria 8 Transcripts and Video Recordings

8.1 Transcript Accuracy

8.2 Authentication

8.3 Electronic Transcripts

8.4 Hard Copy Transcripts

8.5 Video Recordings

9 Exhibits

9.1 Electronic Exhibits

9.2 Hard Copy Exhibits

9.3 Remote (Virtual) Exhibit Sharing

10 Data 11 Computation of Time 12 Hours of Service 13 Sale of Transcript Copies 14 Confidentiality Requirement 15 Conflict of Interest 16 Legal Requirements and Permits 17 Point of Contact

18 IT Accessibility Requirements

18.1 Information and Communication Technology (ICT)

18.1.1 Information, Documentation Video Recording Support

19 Security and Privacy Requirements

19.1 Security Requirements

19.2 Technical Support

19.3 Recording

19.4 Videoconferencing Services

20 Additional Clarified Service Details

20.1 Scheduling Assistance/Vendor Contact

20.2 Order Confirmation

20.3 Instructions/Training

20.4 Meeting Facilitation

20.5 Billing/Invoicing

1 Scope of Work

The United States Trustee Program (USTP) requires Remote (Virtual) and In-person Deposition and Examination Reporting Services that may include transcription services, video streaming services, audio transcription services, interpreter services, video recording services, DVD/MPEG conversion, PTX/PDF files, stenotype services, videographer services, remote court appearance services, remote legal collaboration services, and/or telephonic proceeding services to be delivered on a nationwide basis.

1.1 Service Definitions

A deposition or examination is a procedure in which attorneys obtain evidence for a case. The deponent (witness) being questioned may share information via their description of events or as an expert witness. The deponent is under oath and questioned by the “taking” attorney. A deposition or examination service, whether remote or in-person, ensures that the process runs smoothly, and the parties involved have a reliable, accurate record of the proceeding. The functions involved in deposition or examination services include the following elements:

Remote (Virtual) Services is defined as any proceeding in which at least one participant (party, court reporter, attorney, deponent, etc.) is not physically present in the same location as the other participants and the proceeding is transmitted via live, remote video at the request of the USTP. Remote (virtual) court reporting services involve the production of a verbatim transcript using either digital court reporting or stenotype services at the election of the USTP.

In-person/Face-to-Face Services is defined as any proceeding in which all participants (party, court reporter, attorney, deponent, etc.) are physically present in the same location at the request of the USTP.

In-Person court reporting services involve the production of a verbatim transcript using either digital court reporting or stenotype services at the election of the USTP.

Telephonic Proceeding is defined by at least one party participating remotely by telephone.

Stenotype Services is defined as any proceeding, in which the court reporter uses a stenotype machine to produce a verbatim transcript.

Transcription Services include recording, audio transcription, transcribing, proofing, and delivering transcriptions of a wide variety of proceedings, including the courthouse and/or legal proceedings, depositions, sworn statements, arbitration hearings, personnel grievances and appeals, conferences, and committee meetings.

Interpreter Services include certified foreign language or sign language translation services provided in-person (not telephonically) during a remote (virtual) or in-person proceeding.

Videographer Services include the production of an HD video recording of the proceeding that is fair, true, accurate, and complete.

A proceeding is defined as an event requiring a verbatim transcript. If the request for service covers more than one event, and each event requires a separate transcript, then each event is considered a separate proceeding. If the request for service covers more than one event, and each event does not require a separate transcript, then the events may be considered one proceeding, e.g., consecutive or concurrent proceedings scheduled on the same date for the same case.

Court Reporting Services include:

• Interactive Realtime with live internet feeds, annotation and reporting using a secure, approved Virtual Private Network (VPN), upon request.

• Searchable electronic version of the transcript in American Standard Code for Information Interchange (ASCII) and Adobe PDF formats.

• Electronic transcripts provided in full and condensed versions and transmitted using FIPS 140-2 encryption algorithm.

• Hyperlinked exhibits in Adobe PDF format that can be delivered with the electronic transcript.

• Synchronized transcript with video recording, if any, upon request.

• Hard copy transcripts and exhibits, upon request.

1.2 Personnel

Contractor: The personnel performing the services on behalf of the Contractor shall be referred to as the Contractor. The Contractor shall provide qualified personnel when performing services and provide court reporters certified to administer oaths. In addition, the Contractor shall ensure that the court reporter selected for the deposition is authorized to administer oaths and act as a court reporter under the laws of the state where the witness is located. This requirement is to ensure USTP, and the Contractor complies with FRBP 7028/FRCP 28(a)(1) and FRBP 7030/FRCP 30(b)(4) and (5).

USTP Primary Point of Contact (POC): The USTP attorney, support staff, and/or their designee(s) shall be referred to as the POC. The POC has the authority to request services within the scope of the contract. The POC coordinates directly with the Contractor after the initial request is submitted and is responsible for communicating details and updates during the scheduling process.

USTP Litigation Support Team: The IT staff responsible for providing technical support for the POC throughout the scheduling process shall be referred to as the Litigation Support Team. The Litigation Support Team also communicates user feedback to the Contractor and facilitates support for all contract parties as needed.

1.3 Examinations

Examinations are conducted pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure.

1.4 Depositions

Depositions are conducted pursuant to Rule 7030 of the Federal Rules of Bankruptcy Procedure, which deems Rule 30 of the Federal Rules of Civil Procedure applicable in adversary proceedings.

1.5 Remote (Virtual) Court Reporting Services

The Contractor shall provide all necessary technology (e.g., Teams, Zoom for Government, or WebEx), including Wi-Fi hotspots, for the audiovisual and document-sharing platform(s) to conduct Remote (Virtual) court reporting services and audio transcription proceedings. The Contractor must be able to access and use these technologies with its own devices and network connections.

Connection details shall be provided to POC, and any other designated participants requested by POC, at least two (2) business days before the proceeding, and not later than 5:00pm of POC’s local time (Eastern to Pacific time zones). The connection shall be initiated by the Contractor (or reporter) fifteen

(15) minutes prior to scheduled start time, enabling host and participants to troubleshoot any issues.

Upon request of the POC, the Contractor shall provide a video recording of the proceeding.

1.6 In-Person Court Reporting Services

The Contractor shall provide all necessary resources to conduct in-person court reporting services. The Contractor must comply with Federal Courthouse access requirements or other building security requirements set forth by the Court, the U.S. Marshal’s Service (USMS), or other authority. The following must be provided to POC, upon request and within a designated timeframe, to comply with the requirements of the Court, USMS, or other authority:

• Name(s) of reporter (or potential reporters)

• Reporter(s) contact information

• List of equipment the reporter(s) intend(s) to bring into the building (cell phone, laptop, and other equipment necessary to provide court reporting services)

Upon request of the POC, the Contractor shall provide a video recording of the proceeding.

1.7 Interpreter Services

Upon request of the POC, the Contractor may provide an in-person interpreter for foreign language or sign language translation services at a remote (virtual) or in-person proceeding. The interpreter must possess professional competence and certification in the requested language and provide a certification statement necessary to fulfill any legal requirements.

1.8 Communication Expectations

The Contractor is expected to meet the following communication expectations throughout the period of performance:

• Offer live scheduling or other assistance during POC’s local business hours, 8am-5pm in Eastern to Pacific time zones;

• Offer phone contact outside of the POC’s local business hours, 5pm-8am in Eastern to Pacific time zones, to address urgent matters requiring immediate attention;

• Ensure assigned court reporters are informed of scheduling details and building requirements in advance of the proceeding;

• Offer consistent communication with the assigned court reporter when sharing the reporting location, address, and POC contact.

• Provide court reporter name(s), equipment list(s), and contact information, upon POC request and within a designated timeframe to comply with any building requirements (See Section 1.6, In-Person Court Reporting Services).

1.9 Professionalism Expectations

The Contractor is expected to meet the following professionalism expectations throughout the period of performance:

• Offer customer-oriented services and solutions to ad hoc communication and scheduling issues;

• Familiarize Contract staff and assigned reporters with the bankruptcy litigation process and

United States Bankruptcy Code (Title 11, United States Code);

• Begin remote (virtual) depositions or examinations fifteen (15) minutes prior to the start of the proceeding;

• Ensure quality final transcripts by 5:00pm of POC’s local time (Eastern to Pacific time zones) on the scheduled due date designated for expedited delivery or ten (10) business days (excluding Federal Holidays) after the proceeding for standard delivery;

• Produce timely and accurate transcript corrections by 5:00pm of POC’s local time (Eastern to Pacific time zones), within three (3) business days of receipt of inaccuracy notification, unless otherwise directed by the POC. Overnight orders are due the next business day by 9:30am of POC’s local time (Eastern to Pacific time zones).

1.10 Qualifications

Contractor (and reporter) bankruptcy experience is strongly preferred, but not required.

The Contractor must participate in a peer review program, or an equivalent quality control review program, and provide a copy of the firm’s latest peer review report.

1.11 Authority to place orders

Authority to Place Orders - All orders placed with the contractor under this task order must be placed by the POC or Litigation Support Team or their designees. The USTP Contracting Officer shall maintain a current and accurate listing of the Litigation Support Team.

The contractor shall provide a timely (within three (3) weeks) itemized invoice for payment to the USTP Procurement Office.

2 Cancellation and Attendance Fees

The POC will notify the Contractor of any cancellations no later than 5:00 pm of POC’s local time (Eastern to Pacific time zones) the day before the scheduled proceeding and without cost to USTP. If the POC does not notify the Contractor within such time and the proceeding is canceled before it begins, the Contractor may request the per proceeding cancellation/attendance fee. If a proceeding begins but is canceled, postponed, or concluded at any time during the first day, the USTP will pay the Contractor the greater of:

• The amount owed for the transcription services provided, or

• The fixed, per proceeding cancellation/attendance fee.

3 Delivery Requirements

The Contractor shall provide an original certified electronic version of the transcript in PDF and an ASCII version suitable for loading into a transcript management software. If needed, the POC may also request a paper copy and/or certified video recording synced to the certified electronic transcript.

To meet the government’s obligation to reduce waste and increase efficiencies:

• Hard copies shall not be provided by default. If required by the Contractor, an attorney may state on the deposition record that a hard copy is not being requested.

• If exhibits are transmitted to the Contractor in electronic format, (e.g., PDF), the exhibits shall be marked, presented, and maintained electronically to reduce unnecessary printing and/or copying costs.

3.1 Delivery Schedule

The POC will specify the deliverable schedule at the time the request is placed or upon request of the Contractor.

The Contractor shall deliver the electronic versions in accordance with one of the following delivery schedules:

• Standard Order. The Contractor shall deliver the regular order within ten (10) business days after the conclusion of a proceeding.

• Expedited Order. The Contractor shall deliver the expedited order within less than ten (10) business days after the conclusion of a proceeding, based on a sliding fee scale.

3.2 Electronic Transcript

The Contractor shall deliver the electronic version of the certified transcript, as PDF and ASCII versions, in accordance with the requirements specified in Section 8.

The Contractor shall also deliver a min-u-script if requested by the POC. A min-u-script is a condensed version of the transcript with four (4) full transcript pages on each min-u-script page.

The Contractor will be required to share electronic transcripts through a secure, FedRAMP authorized, file sharing system. It is strongly preferred the Contractor manage their own file sharing repository.

However, the Justice Enterprise File-Sharing System (JEFS) must be leveraged in the event the Contractor does not have a FedRAMP authorized solution.

3.3 Hard Copy Transcript

To meet the government’s obligation to reduce waste and increase efficiencies, hard copy final transcripts are optional and shall only be provided upon request of the attorney or POC. If required by the Contractor, an attorney may state on the record that a hard copy is not being requested.

3.4 Exhibits

The Contractor shall deliver exhibits in accordance with the requirements specified.

3.5 Video Recording

The Contractor shall deliver a video recording of the proceeding in accordance with the requirements specified. Transcript synchronization may also be requested.

3.6 Delivery Period

The delivery period begins the first day after the proceeding concludes (inclusive) and ends the specified number of business days later, as provided under Section 4. If the last day of the delivery period falls on a Saturday, Sunday, or Federal Holiday, the delivery period will end on the first business day following that Saturday, Sunday, or Federal Holiday.

The Contractor shall deliver all standard and expedited (except overnight) orders by 5:00 pm of POC’s local time (Eastern to Pacific time zones), unless directed otherwise by the POC. The Contractor shall deliver all overnight transcripts by 9:30am of POC’s local time (Eastern to Pacific time zones) the day following the proceeding. The Contractor shall bear postage, if any, or other delivery charges.

3.7 Security and Privacy Vendor Deliverables

The specific contents and template for each security deliverable will be agreed upon with the POC after contract award.

3.8 Invoicing and tracking

Invoicing – the Contractor shall invoice per Remote (Virtual) or In-person Deposition only after delivery is made, and within three (3) weeks of the delivery date.

Tracking – the contractor shall track all depositions that are scheduled, canceled, rescheduled, and/or invoiced and provide a summary report to the USTP Litigation Support Lead and/or Procurement office upon request.

4 Federal Holidays

The following legal holidays are observed:

New Year’s Day* January 1 Martin L. King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day* July 4 Juneteenth* June 19 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day* November 11 Thanksgiving Day Fourth Thursday in November Christmas Day* December 25

*Holidays that fall on Saturday are observed on Friday and holidays that fall on Sunday are observed on Monday.

Additionally, should the President of the United States proclaim an additional federal holiday (e.g., Christmas Eve), that day shall also be considered a federal holiday.

5 Remote (Virtual) Proceeding Expectations

The Contractor shall provide all necessary technology (e.g., Teams, Zoom for Government, or WebEx), including Wi-Fi hotspots, for the audiovisual and document-sharing platform(s) to conduct Remote (Virtual) court reporting services and audio transcription proceedings. The Contractor must be able to access and use these technologies with its own devices and network connections.

Connection details shall be provided to POC, and any other designated participants requested by POC, at least two (2) business days before the proceeding, and not later than 5:00pm of POC’s local time (Eastern to Pacific time zones). The connection shall be initiated by the Contractor (or reporter) fifteen

(15) minutes prior to scheduled start time, enabling host and participants to troubleshoot any issues.

Upon request of the POC, the Contractor shall provide a video recording of the proceeding.

6 In-Person Proceeding Expectations

The Contractor shall provide all necessary resources to conduct in-person court reporting services. The Contractor must comply with Federal Courthouse access requirements or other building security requirements set forth by the Court, the U.S. Marshal’s Service (USMS), or other authority. The following must be provided to POC, upon request and within a designated timeframe, to comply with the requirements of the Court, USMS, or other authority:

• Name(s) of reporter (or potential reporters)

• Reporter(s) contact information

• List of equipment the reporter(s) intend(s) to bring into the building (cell phone, laptop, and other equipment necessary to provide court reporting services)

The Contractor shall be set up and ready to begin on the date and at the start time designated for the proceeding. For any service that requires the court reporter to be physically present at the proceeding, the Contractor shall adhere to any security requirements, and present themselves to the POC upon arriving at the proceeding. Security, building access requirements, parking, and/or other factors must be considered to ensure a timely start. During the proceeding, the Contractor shall be governed by the instructions of the POC. The POC will provide instructions consistent with the terms and conditions of this contract.

7 Acceptance Criteria

The Contractor shall use a legally acceptable recording method. If the Contractor uses electronic sound recording devices, such devices must be of such quality as to ensure against error, misinterpretation, or loss of voice. Equipment must be monitored to ensure a proper recording and must include simultaneous playback, listening, and speaker identification facilities.

The Contractor shall ensure that a backup recording system is readily available and operational in the event of problems in the primary system. There shall be no break in recording during transfer to the backup system.

8 Transcripts and Video Recordings

Transcripts should generally include:

• a title page showing the name and docket number (if applicable)

• a complete index of speakers and/or witnesses

• an index identifying exhibits by number and what party introduced them

A word index should not be included at the end of the transcript and will not be included in the page count for billing.

If POC also requests a hard copy transcript, it shall be enclosed with a protective cover and punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from the top and bottom of the page, the third hole in the center of the resulting interval and shall be secured with a fastener.

8.1 Transcript Accuracy

The Contractor shall provide complete transcripts that accurately replicate the full and complete verbatim record of the proceeding. The POC’s quality review of a transcript’s accuracy shall take place after the Contractor’s initial submission of the transcript. Corrected transcripts do not require a separate or new quality review.

Where errors, including typographical, impact the accuracy of the verbatim record of the proceeding, the POC may ask the Contractor to reproof the entire transcript, correct all errors found, and furnish an updated transcript; the Contractor must comply with the POC’s request, provided the request is in accordance with the terms and conditions of this contract. The Contractor shall provide timely and accurate corrections to the POC according to the following schedule:

• Standard and expedited (non-overnight) transcripts are due by 5:00pm of POC’s local time (Eastern to Pacific time zones), within three (3) business days of receipt of inaccuracy notification, unless otherwise directed by the POC.

• Expedited (overnight) transcripts are due by 9:30am of POC’s local time (Eastern to Pacific time zones) the next business day of receipt of inaccuracy notification, unless otherwise directed by the POC.

The Contractor shall provide such corrected transcript at no cost to the USTP.

8.2 Authentication

The Contractor shall authenticate the original electronic copy of the transcript by placing a signed and dated certification page at the end of the transcript.

In addition, all video recordings produced by the Contractor shall include a certification document signed and dated by the videographer that states that the recording constitutes the complete original/master recording; the recording has not been altered in any way while in the videographer’s possession; and the recording is fair, true, accurate and complete.

8.3 Electronic Transcripts

The Contractor shall deliver the electronic version of the certified transcript as PDF and ASCII versions.

The PDF version must be formatted to disallow editing. The electronic transcript shall be created with a unique file name and delivery shall include electronic copies of marked exhibits from the proceeding.

The Contractor shall also deliver a min-u-script if requested by the POC. A min-u-script is a condensed version of the transcript with four (4) full transcript pages on each min-u-script page.

The electronic versions and any removable media must be protected at all times while in storage, in process, and during transmission. The Contractor shall protect data consistent with FIPS 140-2 data encryption mandatory requirements and OMB 06-16. The Contractor will be required to share electronic transcripts through a secure, FedRAMP authorized, file sharing system. It is strongly preferred the Contractor manage their own file sharing repository. However, the Justice Enterprise File-Sharing System (JEFS) must be leveraged in the event the Contractor does not have a FedRAMP authorized solution.

8.4 Hard Copy Transcripts

To meet the government’s obligation to reduce waste and increase efficiencies, hard copies are optional and shall only be provided upon request of the attorney or POC. If required by the Contractor, an attorney may state on the record that a hard copy is not being requested.

If a hard copy transcript is requested by the POC, the Contractor shall provide a legible copy. Whether a document is legible or not shall be at the sole determination of the POC. However, in the event the POC finds one or more copies to be illegible, the Contractor shall replace such copies within three (3) business days of receipt of illegibility notification, or other agreed timeframe established with POC, and without additional cost to the USTP.

Any hard copy transcript shall have the identical pagination and content of the PDF electronic transcript.

8.5 Video Recordings

If a video recording is requested by POC, the HD video recording shall be delivered electronically. If transcript synchronization to the video is requested by POC, the synchronized file(s) shall also be delivered electronically. Where applicable, these electronic file(s) must be formatted to disallow editing, named uniquely, and have identical pagination and content of the PDF electronic transcript.

The electronic versions and any removable media must be protected at all times while in storage, in process, and during transmission. The Contractor shall protect data consistent with FIPS 140-2 data encryption mandatory requirements and OMB 06-16. The Contractor will be required to share the electronic video files through a secure, FedRAMP authorized, file sharing system. It is strongly preferred the Contractor manage their own file sharing repository. However, the Justice Enterprise File- Sharing System (JEFS) must be leveraged in the event the Contractor does not have a FedRAMP authorized solution.

9 Exhibits

9.1 Electronic Exhibits

Exhibits transmitted in electronic format (e.g., PDF) shall be marked, presented, and maintained electronically to reduce unnecessary printing and/or copying costs. The marking shall indicate clearly who offered the exhibit.

9.2 Hard Copy Exhibits

Exhibits provided in hard copy format will be scanned and saved to PDF format for electronic transmittal with the final transcript.

Hard copy exhibits shall not be provided by default. If required by the Contractor, an attorney may state on the deposition record that a hard copy is not being requested.

If the POC requests a hard copy version of the transcript, the exhibits are to be made part of the transcript and securely bound together with a listing of numbers and title/description.

9.3 Remote (Virtual) Exhibit Sharing

For Remote (Virtual) proceedings, the Contractor shall provide the POC the ability to share exhibits remotely and securely while utilizing video-conferencing tools and asking questions on each exhibit introduced. This should also include the following:

• Ability to annotate exhibits spontaneously during the deposition (on the fly);

• Ability to capture annotations on exhibits;

• Ability to have multiple participants work with the exhibits as the deposition is taking place;

• Provide copies of marked exhibits after each deposition session in the same format originally provided.

10 Data

All transcripts, recordings, records, exhibits, and any other material which is part of or relates to any action recorded by the Contractor shall be the property of the USTP. If requested by the POC, they shall be delivered together with the finished transcript.

11 Computation of Time

Whenever a proceeding is continued, recessed, or adjourned for a period of five (5) or more calendar days, that portion of the transcript of a proceeding held before such continuance, recess, or adjournment shall be considered a complete proceeding for computing time for delivery of the transcript and rates per page.

12 Hours of Service

Proceedings are normally held between 8:00am and 6:00pm, Monday through Friday, local time, except on Federal Holidays. The Contractor is required to work at a proceeding outside the hours of 8:00 a.m.

and 6:00 p.m. Monday through Friday, local time, upon request of the POC.

If the Contractor is required to attend proceedings outside of normal hours (Saturdays, Sundays, Federal Holidays or from 6:00pm to 8:00am, Monday through Friday, local time), the USTP will pay the Contractor the expedited transcript rate for the pages transcribed outside of normal hours. If an overnight transcript is required, the Contractor shall be paid for the pages transcribed outside of the normal hours at the fixed, per-page price specified in the contract.

13 Sale of Transcript Copies

In general, USTP depositions and examinations are considered private. The Contractor may provide copies of transcripts to parties of the proceeding at the requester’s expense, with permission of the POC.

14 Confidentiality Requirement

The Contractor, its agents, employees, and subcontractors (if any) shall, in accordance with the provisions of the “Conditional Access to Sensitive but Unclassified Information Non-Disclosure Agreement (NDA),” hold in the strictest confidence any and all information which may be gained in the performance of duties under this contract. This confidentiality requirement continues in perpetuity.

The Contractor, its agents, employees, and subcontractors (if any) shall sign the “Conditional Access to Sensitive but Unclassified Information Non-Disclosure Agreement” if they do any work under this contract. The signed agreements from those contractor employees, agents, and subcontractors known at time of contract award shall be submitted within seven (7) calendar days after the award of the contract.

Each reporter or other Contractor employee, agent, or subcontractor shall sign the agreement prior to performing work under this contract and provide a copy of it to the USTP Contracting Officer and/or Contracting Specialist.

15 Conflict of Interest

The Contractor, its agents, employees, and subcontractors (if any) shall have no conflict of interest related to the proceedings with individuals involved in the proceedings. If a possible conflict of interest exists, the Contractor shall immediately bring the potential conflict to the attention of the POC.

16 Legal Requirements and Permits

The Contractor shall obtain, at the Contractor's expense, all necessary licenses, and permits, including a notary public license when necessary, and shall conform to all laws, regulations, and ordinances applicable to performance of this Contract.

17 Point of Contact

The Contractor shall provide a Contract Administrator as a single point of contact for coordinating all contract activities. The Contractor shall also designate an alternate contract administrator if the Contract Administrator is absent.

The Contractor shall notify the USTP in writing of any intended replacement for the Contract Administrator or Alternate Contract Administrator.

18 IT Accessibility Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105- 220), requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. In addition, Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. As such, the following requirements apply to this solicitation:

• Products, platforms, and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. §

1194.1 & Apps. A, C & D, and available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines.

• E102 / 702.10 – Web Content Accessibility Guidelines (WCAG) success criteria level A & AA are incorporated as a requirement. The referenced WCAG criteria is available at http://www.w3.org/TR/WCAG20/.

• E102 / 702.10 – Web Content Accessibility Guidelines (WCAG) success criteria level A & AA are incorporated as a requirement. The referenced WCAG criteria is available at http://www.w3.org/TR/WCAG20/.

18.1 Information and Communication Technology (ICT)

18.1.1 Information, Documentation Video Recording Support

Applicable Functional Performance Criteria: All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT.

Applicable requirements for software and Web products:

• E207 – WCAG Level A & AA Success Criteria

• E302 – Functional Performance Criteria

• E502 – Interoperability with Assistive Technology https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule%2Ftext-of-the-standards-and-guidelines&data=02%7C01%7CSusan.OBrien%40occ.treas.gov%7C57ec31d2d17c479fdbf808d76d258caa%7Cfd30c7091bb849f19c7edd8840c989d0%7C0%7C0%7C637097880354836254&sdata=7JnwLP%2B6fbjpueFFj8jBQftTv5w3dE9NXJ2AwTTNC8Q%3D&reserved=0 https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule%2Ftext-of-the-standards-and-guidelines&data=02%7C01%7CSusan.OBrien%40occ.treas.gov%7C57ec31d2d17c479fdbf808d76d258caa%7Cfd30c7091bb849f19c7edd8840c989d0%7C0%7C0%7C637097880354836254&sdata=7JnwLP%2B6fbjpueFFj8jBQftTv5w3dE9NXJ2AwTTNC8Q%3D&reserved=0 https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule%2Ftext-of-the-standards-and-guidelines&data=02%7C01%7CSusan.OBrien%40occ.treas.gov%7C57ec31d2d17c479fdbf808d76d258caa%7Cfd30c7091bb849f19c7edd8840c989d0%7C0%7C0%7C637097880354836254&sdata=7JnwLP%2B6fbjpueFFj8jBQftTv5w3dE9NXJ2AwTTNC8Q%3D&reserved=0 https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.w3.org%2FTR%2FWCAG20%2F&data=02%7C01%7CSusan.OBrien%40occ.treas.gov%7C57ec31d2d17c479fdbf808d76d258caa%7Cfd30c7091bb849f19c7edd8840c989d0%7C0%7C0%7C637097880354846251&sdata=F90EWonF%2FMda%2Bkzn8LLuXgoeQPPwO3o9D2lmn5ZNAmA%3D&reserved=0 https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.w3.org%2FTR%2FWCAG20%2F&data=02%7C01%7CSusan.OBrien%40occ.treas.gov%7C57ec31d2d17c479fdbf808d76d258caa%7Cfd30c7091bb849f19c7edd8840c989d0%7C0%7C0%7C637097880354846251&sdata=F90EWonF%2FMda%2Bkzn8LLuXgoeQPPwO3o9D2lmn5ZNAmA%3D&reserved=0

• E503 – Application

• E501 – Web-based applications, independent of platform services *

Applicable requirements for software and Web products:

• E207 – WCAG Level A & AA Success Criteria

• E302 – Functional Performance Criteria

• E502 – Interoperability with Assistive Technology

• E503 – Application

• E501 – Web-based applications, independent of platform services *

19 Security and Privacy Requirements

19.1 Security Requirements

• Any cloud-based solution must be FedRAMP certified.

• Physical Security for Data Access o Minimum of 2-factor authentication. 3-factor is preferred.

• Data Security and Privacy (Potential PII) o Unique access for each participant (up to 50 participants) to join the Remote (Virtual) and In-person court reporting proceeding(s).

Access link to be provided the day prior to the proceeding by an agreed upon deadline.

Access only provided to individuals on the list of participants as provided by

UST Person In Charge.

o Session must be configured with a virtual waiting room so that unaffiliate users cannot gain access.

o Ability to identify participants logged in, remove, and block unwanted participants, and lock down session once all approved participants have joined the session.

o Fully monitor entire session to ensure sessions remain secure.

o All audio/video must be encrypted at each endpoint using 256-bit AES encryption.

Audio/Video streams must be encrypted to the servers, then routed using TLS 1.2, and encrypted with 256-bit encryption before sending back to each attendee.

Advanced Encryption Standard (AES) of at least 128-bit media encryption for Secure Real-Time Transport Protocol (SRTP), preferably 256-bit media encryption, for audio, video, and shared content.

o Files shared through the remote (virtual) access application must be encrypted using

256-bit AES encryption.

o Files must be encrypted using 256-bit AES encryption for audio, video, and shared content in transit and at rest.

o Ability to transmit chat messages over the source of the signaling link.

o Hypertext Transfer Protocol Secure (HTTPS) login utilizing industry standard Public

Key Infrastructure (PKI).

o Transport Layer Security (TLS) using strong encryption ciphers for signaling.

o Password hashing in database.

o Component blocking for spoof prevention.

o Encrypted token technology.

19.2 Technical Support

The Contractor, at no extra cost, (and/or USTP, where applicable) will provide technical support resources to:

• Ensure the ability to communicate with different firewall settings and smooth connectivity without compromising private networks.

• Ensure all participants maintain connection for the entire session.

• Monitor activity within the session to ensure no anomalies occur.

• Provide technical support during the proceeding if there are any connectivity issues that arise.

• Perform regular checks on the audio quality of the recording to ensure that the recording captures the full conversation between participants of each recorded session.

• Ensure all uploads are scanned for viruses in real-time.

• Provide equipment and meeting location for participants in remote locations who lack necessary equipment to participate remotely and in-person.

19.3 Recording

• All parties must agree to be recorded.

• The functionality to record sessions will not be made available to participants, only to the court reporter and technician.

• All files shared through the chat function must be automatically deleted once the proceeding has ended.

19.4 Videoconferencing Services

• Provide high-definition video capability that is available through computers, mobile devices, and phone for the same deposition session.

• Video streaming capability as high as 1080 pixel / 30 frames per second.

• Optimized Scalable Video Coding (SVC).

• Unedited video recording capability of the deposition session that includes all direct participants to the proceedings (deponent, witness, counsel, etc.).

• Videos recorded in a secure fashion with H.264 MP4 format files using 832x468 resolution and 48-bit Advanced Audio Coding (AAC) audio, stored as encrypted files using FIPS 140- 2 encryption algorithms.

• Ability to convert to video format that can be synchronized with transcripts for use in trial presentation software, such as Trial Director or Sanction.

20 Additional Clarified Service Details

20.1 Scheduling Assistance/Vendor Contact

The Contractor may be contacted by phone, email, or online scheduling form for any scheduling needs.

Additional questions or requests for assistance may be submitted by phone or email 24 hours per day, seven days a week.

• The Contractor shall offer live scheduling or other assistance during POC’s local business hours, 8am-5pm in Eastern to Pacific time zones.

• The Contractor shall offer a method of contact outside of POC’s local business hours, 5pm-8am in Eastern to Pacific time zones, to address urgent matters requiring immediate attention.

20.2 Order Confirmation

• The contractor’s scheduling team shall send the USTP requestor a scheduling confirmation email.

o This email shall list out all the information provided along with the services requested.

o The contractor’s scheduling team shall send out a final email confirmation to the requestor to confirm that there have been no changes, to confirm the details listed are still accurate, and that the proceeding is still moving forward as scheduled, two (2) business days prior to each job.

• Online scheduling: the form will prompt the USTP requester to confirm the services that are needed that are listed out on the form.

• Phone, email, or fax scheduling: the contractor’s scheduling team shall confirm if any additional services are needed.

• Once confirmed, the order is placed on the schedule and tracked.

20.3 Instructions/Training

If requested by the POC, the Contractor can host a meeting during its business hours to answer questions and demonstrate the remote videoconference platform prior to the proceeding date, including:

• How exhibits/breakout rooms/chat/file transfer/etc. work

• Dry runs, equipment tests, and/or platform tests

20.4 Meeting Facilitation

If requested by the POC, the Contractor can provide a meeting facilitator for the proceeding and/or for exhibit sharing.

20.5 Billing/Invoicing

The Contractor shall bill for services provided/delivered.