HQ0034-14-R-0097_Transcription_(2)_(2).pdf

Transcription Services Transcription Service BCTF/OSD

Transcription Services IAW the PWS Herein

Christopher E. Harris Contracting Officer, WHS AD EOSD

4/24/2014

Christopher E. Harris

WHS, EOSD Contracting Officer

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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.

(ii) The solicitation number is HQ0034-14-R-0097 and the solicitation is issued as a request for proposal

(RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72.

(iv) This is a service disabled veteran owned small business set aside. The associated NAICS code is 561492, Court Reporting Services. The small business size standard is $14M.

(v) Contract line item number(s) and items, quantities and units of measure are not included herein.

(vi) Requirements: Verbatim transcription services for several CONUS locations.

(vii) The periods of performance will begin NLT May 1, 2014. The issued contracts will have a five year ordering period. The places of delivery are contained herein. Services are inspected and accepted at the Government facility. If there is any equipment or parts, it is always FOB destination.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

Addenda to this clause are attached.

(ix) The provision at 52.212-2, Evaluation -- Commercial Items is used with this acquisition. The evaluation factors are technical acceptability and price.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items if applicable, and return all other representations and certifications contained within section K.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The additional FAR clauses in 52.212-5 that are applicable to the acquisition are contained herein. Addenda to the clause are attached.

(xiii) Additional Department of Defense terms and conditions terms and condition for the acquisition of commercial items apply.

(xiv) This is not a rated order http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1362_186138 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1423_197969 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1438_199992 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1718_239297 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1910_277742

(xv) Offers are due on May 16, 2014 by 10:00 AM Eastern Time. Offers shall be sent to Keisha.L.Simmons.

(xvi) Offerors shall contact Keisha Simmons at keisha.l.simmons.civ@mail.mil with questions about this solicitation.

SEE ADDENDUM

(No Collect Calls)

HQ0034-14-R-0097 09-Apr-2014

b. TELEPHONE NUMBER

703-545-3573

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 18 Apr 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQ00349. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRIS HARRIS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

KLS030520140731

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

WHS - ACQUISITION DIRECTORATE

1225 SOUTH CLARK ST

ARLINGTON VA 22202-3909

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 703-545-0423 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$14M

NAICS:

561492

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HQ0034-14-R-0097

Section A - Solicitation/Contract Form

A.1. Solicitation

The purpose of this solicitation is to obtain court reporting transcription services to assist XXX and the Office of the Secretary of Defense.

This solicitation is issued in accordance with FAR 12.6 and 15. The Government will award up to three IDIQ contracts to vendors that represent the best value to the Government: price and all factors considered.

A.2. IDIQ Structure

Orders issued against the contracts will be firm-fixed-priced type orders. The total duration of the IDIQs shall not exceed the five year ordering period.

A.3. Authorized IDIQ Users

The principal user of the IDIQ will be XXX but anyone serviced by WHS, AD may utilize the contracts with the consent of the procuring Contracting Officer. Orders may only be placed by WHS/AD Contracting Officers.

A.4. IDIQ Administrator

The administrator for the BPAs will be:

WHS, Acquisition Directorate

1225 South Clark Street, Suite 910

Arlington, VA 22202

Section B - Supplies or Services and Prices

B.1. Sample Task

Sample Tasks One:

These days verbatim transcription is regularly supplied to customers in sections A, B, & C of Delta unit at least once per month; therefore your company bills the Delta unit monthly. The engagements are usually for eight hours starting from 12:00 PM and ending at 8:00 PM.

Overtime charges start at five o’clock p.m. Section A wants a next day turn around. Section B wants a five day turn around and Section C wants the standard 10 day turn around. It is estimated that the verbatim transcription will produce 60 pages per hour in each encounter. The softcopy of the transcript is due within the prescribed time period, but the hard copy is due within five days thereafter. The estimated yearly volume for Sections A and B is 200 hours per year, but Section C has not had a long enough history to make an estimate. What would the monthly bill be for these engagements?

One-Day Turnaround

Time/Appearance Fee Unit Price

Per Page

Total Pages Extended Price

12-6 300

6-8 180

Appearance Fee

Total Price

Five-Day Turnaround

Time/Appearance Fee Unit Price Total Pages Extended Price

Per Page

12-6 300

6-8 180

Appearance Fee

10-Day Turnaround

Time/Appearance Fee Unit Price

Per Page

Total Pages Extended Price

12-6 300

6-8 180

Appearance Fee

Total Price of All Scenarios

B.2 Yearly Pricing

Category Year One Year Two Year Three Year Four Year Five

Hourly Appearance Fee

Overtime (after 6 pm) hourly appearance fee

One Day Turnaround Price Per Page

Five Day

Ten Day

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

Boards Commissions and Task Forces (BCTF)

Transcription Services

1. GENERAL: This is a non-personal services contract to provide meeting minute and/or transcription services (hereafter transcription services) to Washington Headquarters Services (WHS), Enterprise Management (EM), Boards Commissions and Task Forces (BCTF) --hereafter BCTF. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Government Administrative Support Services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Director, WHS administers specified Department of Defense (DoD) operational programs and provides administrative services and support to activities. The Director, WHS, has responsibility to provide administrative support to designated DoD Components, including financial management and accounting services, civilian and military personnel management, personnel information security, office services, correspondence, cable, directives and records management, and other miscellaneous administrative services as required.

Boards, Commissions, and Task Forces are normally established as a result of urgent requirements resulting from Presidential Executive Order, Public Law such as National Defense Authorization Act, or Secretary of Defense and/or Deputy Secretary of Defense direction.

Typically Boards, Commissions, and Task Forces may be formed as a result of a crisis-driven requirement, such as the Fort Hood Incident, or event-driven requirement, such as the commission to plan for the Commemoration of the Vietnam War. The characteristics of these BCTF’s vary widely -- in urgency; duration; and type -- whether it falls under the provision of the Federal Advisory Committee Act (FACA) or not; and many other characteristics. Some require extreme urgency, because of the very short deadline for delivering results to the SECDEF -- and the pace for these BCTFs are fast and furious from establishment to conclusion. Some BCTFs are more deliberate in nature, and require long term planning, research, analysis, deliberation, and execution.

The Enterprise Management Directorate (EM) is one of the organizational units within Washington Headquarters Services (WHS), charged with providing administrative, programmatic, and logistical support to Office of the Secretary of Defense (OSD) and other DOD Components. In addition, the Director EM is responsible to the Director WHS, for Boards, Commissions, and Task Forces (BCTF) operations. The Performance Work Statement (PWS) below contains verbatim requirements meeting minutes and transcription services.

1.3 Objectives: The objective of this requirement is to obtain verbatim support for meeting minutes/transcription services BCTF supported by the Director, WHS pursuant to Title 41, Code of Federal Regulations (CFR), Sections 102-3.5 through 103-3.185, "Federal Advisory Committee Management" and E.3.12.10 Department Defense Instruction 5105.04, dated August 6, 2007; Equal Opportunity Commission (EEOC) hearings is an adjudication proceeding that completes the process of developing a full and appropriate records per EEOC Management Directive 110 and 29 CFR Part 1614.109(h) requiring an agency to arrange and pay for verbatim transcripts of the hearing proceedings, and other administrative matters where a full and complete records meets the interest of the Department of Defense.

1.4 Scope: BCTFs require transcription/meeting minutes for WHS supported BCTF committee and subcommittee meetings to be uploaded onto the General Services Administration Federal Advisory Committee Act Database. Transcription services may also be needed in other administrative matters where a full and complete record meets the interest of the Department of Defense.

1.5. Specific Tasks:

1.5.1 Basic Services. The contractor shall provide the Boards, Commissions, and Task Forces (BCTF) - verbatim Court Reporting, Transcription, Hearings, Personal Appearances and Meeting Note Services -- hereafter Transcription Services.

1.5.2 Transcription Services. The contractor shall be directly responsible for ensuring the accuracy, timeliness and completion of all tasks under this effort. In as much the Contractor shall furnish reporting services and verbatim transcripts for meeting, court reporting, hearings, personal appearances, and other WHS and BCTF proceedings, regardless of nomenclature, held in the United States, the contractor shall:

a) The Contractor may subcontract for work to be performed outside the National Capital Region. If subcontractors are used, the Contractor shall assure that its subcontractors are aware of, and comply with, the provisions of this contract.

b) The Contractor shall perform all work in a professional business-like manner and according to the best standards of the reporting profession. The Contractor shall at all times promptly provide as many competent transcribers and maintain such staff and equipment as may be necessary for the prompt furnishing of verbatim transcripts.

c) Present himself or herself to the Designated Federal Official (DFO), Administrative Judge (AJ), Director, or Presiding Official -- hereafter Presiding Official, in charge of the meeting in accordance with the agency’s request for service, at least 15 minutes before the designated time for the start of the meeting or session. At all times the reporter shall follow the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and similar matters.

d) The Contractor shall furnish all necessary supplies, paper, fastening, tags, typewriters, word processors, recording equipment, notebooks, envelopes and other supplies and materials necessary to perform the work required under this contract.

e) To the maximum extent practical, when requested by the Presiding Official, the Contractor shall assign the same reporter or, in the case of lengthy hearings, the same group of reporters to hearings lasting more than one day.

f) The contractor shall provide a phone number where a responsible party can be reached during business hours. If the contractor uses a telephone answering service or machine, the contractor shall return calls immediately, but in no case later than 11:00 a.m. (Eastern Standard Time), on the next working day.

1.5.3 Reporting Methods and Accuracy:

a) Transcription Services may be recorded by steno type machine, steno mask or other professionally accepted electronic sound recording systems as provided for in subparagraph "c" below. Everything spoken during a session shall be reported and incorporated into the transcript, unless the Presiding Official directs otherwise. This shall include a record of appearances, with the names and identification of the parties who actually testify, or speak, at the proceeding or who request the entering of their appearances, Committee members and staff, Agency employees, together with all testimony, arguments, ruling, documents received issued and or approved by the Presiding Official, and such other matters as may be directed by the Presiding Official to be included. Unless so designated by the Presiding Official, nothing spoken at the proceedings shall be "off the record." No part of the proceedings, notes of which have been taken, shall be omitted from the record unless the Presiding Official so directs.

b) The Contractor shall be responsible for furnishing complete transcripts which accurately provide a verbatim record of the proceedings. The Presiding Official is responsible to provide the correct spelling of names, technical terms and other expressions that may not be known by the reporter. If the transcript is to be typed by someone other than the reporter, the reporter shall obtain and pass to the transcriber the correct spelling of names, technical terms and other expressions that may not be known by the transcriber. Where material errors attributable to the Contractor's performance appear in the transcript (i.e., those which change or obscure the meaning of the testimony, but not including typographical errors if the intended meaning is clearly evident, the Presiding Official may require the Contractor to correct the errors and furnish the corrected transcript without additional cost to the Government, regardless of the delivery time the original order specified.

c) Electronic sound recording systems may be used provided they are capable of accurately recording the proceedings under adverse conditions that frequently exist (e.g., air conditioning sound, interference from certain types of lighting or traffic background noise).

Unless approved in advance by the Presiding Official, electronic sound recording systems which require the wearing or holding of microphones or the location of microphones and wires so as to impede free movement about the hearing room or ready reference to exhibits are not acceptable and shall not be used. When electronic sound recording systems are used, backup equipment must be immediately available. Electronic sound recording systems must be of such quality as to insure against error, misinterpretation or loss of voice. Equipment must be operator monitored from a separate monitor head to insure a proper recording and include a simultaneous playback listening, preamplification and speaker identification facilities. The Contracting Officer's Representative (COR) will be authorized to give approval of electronic sound recording systems in the event the Presiding Official is unavailable.

d) The Contractor shall retain and properly safeguard any stenographic notes and/or electronic recording tapes taken by the reporter at a hearing, from which the transcript or proceedings have been prepared, along with one copy of the transcript for a period of at least one

(1) year after the conclusion of a recorded proceeding.

e). The reporter shall complete and the Contractor shall attach at the end of each transcript the certification indicated in Attachment 3. When the transcript is transcribed by a person other than the reporter present at the hearing, the transcript shall be proofread against the reporter's notes and/or recordings. The accuracy of the transcript shall be certified to as indicated in Attachment 3. The certification also shall be attached at the end of the transcript.

f) Observe, comply with, and be bound by all of the FACA instructions, Equal Opportunity Commission (EEOC) hearing edicts, and other rules, regulations, and procedures in matters affecting the composition of the record, the public or private nature of the proceeding, the adjournment of the proceeding to other times or places, the appropriate demeanor of the transcriptionist, and other matters of like character.

1.5.4 Exhibits:

a) Marking. Except as otherwise directed by the Presiding Official during the proceeding:

(1) The reporter shall mark and number exhibits in the lower right corner when offered for identification and/or admitted in evidence.

(2) When documentary exhibits are too small to mark or when marking would obliterate writing, printing, etc., the exhibit shall be securely mounted on a letter-size (8-1/2 x11 inches) sheet of heavy manila paper and the mounting sheet shall be marked. The Contractor shall also, with pen and ink, mark the exhibit with the identifying number.

(3) When physical exhibits, such as films and electronic (compact) disc, cannot be legibly and permanently stamped and marked upon their surfaces, the reporter shall tag or affix to each such exhibit an adhesive tape surface sufficient to receive proper authentication.

b) Documents shall not be copied into the record unless the Presiding Official so directs.

c) The numbering of exhibits introduced at a proceeding or in a reopened case shall follow consecutively the number on the last previous exhibit. Presented material shall be marked A-1, A-2, A-3, etc. Staff presented material shall be marked G-1, G-2, G-3, etc.

d) Exhibits marked for identification shall remain in custody of the attorneys until received in evidence. Exhibits received in evidence and rejected exhibits shall remain in the custody of the reporter during the course of the hearing. The reporter shall not release any such exhibit except upon direction by the Presiding Official, in which case the reporter will be furnished a receipt. In no case shall any exhibit be released until it has been properly marked by the reporter. At the close of the proceeding the Presiding Official will retain exhibits received in evidence or rejected. During the time between the close of the hearing and forwarding of exhibits, no person shall be permitted to withdraw exhibits except upon direction of the Presiding Official.

e) Exhibits not retained by the Presiding Official, may be delivered to the COR with the transcript. Before being delivered, exhibits shall be arranged by the reporter in numerical order in each series, properly marked and bound in separate covers for each series. If the numerical sequence is broken by exhibits having been withdrawn, or by absence of any exhibits for any reason, a memorandum or a 8 1/2 x 11 inch sheet shall be inserted by the reporter in the place of each missing exhibit, stating its nature, how numbered and marked, the reason for its absence and its custodian.

1.5.5 Transcripts

a) Typewriting and Materials.

(1) All transcripts shall be printed or typed in black ink, 10 letters to the inch and except for the colored cover sheets all transcripts shall be made on white paper of good quality.

White paper shall be 8 1/2 by 11 inches with a ruled margin of 1 3/4 inches at the left side and a ruled margin of 3/8 inch at the right side. Typewriting or printing shall be 25 lines to the page, with two single spaces between lines except for cover sheets and caption pages. Names shown on the caption page(s) and addresses applicable thereto shall be single spaced with two single spaces between each name and address, the name being indented 1 1/2 inches from the left marginal line, for ease of identification. Numbers from 1 to 25 shall be printed at the left of the left marginal line so that the typewritten lines of the transcript (where two single spaces are made between each line) being opposite the appropriate number to permit rapid calculation of the number of lines on the page.

(2) All printing or typewriting, except for titles, or captions which are centered or otherwise placed on the page for balance or which are indented as herein provided for ease of identification, shall be as close to the left marginal line on each page as possible and shall extend as near as possible to the right marginal line, words being properly hyphenated when necessary.

b) Legibility of Copies. In the event one or more copies are found to be illegible, the Contractor agrees to correct same or replace with acceptable copies promptly after receipt of notification, and without additional cost for such replacement.

c) Style and Content.

(1) The reporter shall begin each transcript with a title page (Attachment 2) which shall set forth the title of the proceedings, the name and title of the Presiding Official, the time the proceeding commenced, the place of hearing, and the names and addresses of counsel appearing at the proceeding. After this shall follow the table of contents (Attachment 3). Then shall follow the verbatim record of the proceedings in order of presentation.

(2) The table of contents shall show the page numbers at which the opening statements and closing arguments of counsel begin; the page numbers at which discussion, question and answer of each presenter/witness begins, together with the names of such presenter/witnesses; and the page numbers at which exhibits are marked for identification and the page numbers at which exhibits are received in evidence.

(3) Transcript pages shall be numbered in the upper right corner above line number 1. The last name of the witness whose testimony is recorded in the page shall be shown in the center of the page parallel to the page number. The name and page number shall not count as a line for payment purposes.

(4) The numbering of the pages of the transcript shall be in a single series for each proceeding day. Each daily transcript shall have a volume number which is the same as the proceeding day (e.g. transcript for day one will be volume 1; day 3 - volume 3, etc.). Both the volume and page number will be shown in the upper right page corner (e.g. 2-35) or in Arabic numerals. The numbering of pages of the transcript of a further proceeding shall follow consecutively the paging of the previous proceeding in the same proceeding, unless otherwise directed by the Presiding Official.

d. Number of copies:

(1) In all instances the original hard copy, plus one copy, and searchable electronic PDF (e.g., compact disc or DVD) containing the accurate verbatim transcript of the proceedings shall, unless otherwise specified be directed to and delivered to the COR within five

(5) work days from the conclusion of the proceeding.

(2) Upon request of the Presiding Official, the contractor shall complete expedited orders and deliver the transcribed preceding no later than close of business of the next business day. In instances, such as, individual testimony before a Legislative hearing or upon request of a member of the Executive or Legislative Branch must be returned to the COR by close of business the next business day.

(3) In the event the Presiding Official decrees the transcript to be inaccurate to such a degree that it must be rejected, a corrected copy shall be furnished in the same manner as 1.5.5.d.1 and 1.5.5.6.d.2 above.

1.6 DELIVERABLES SCHEDULE

DELIVERABLE FREQUENCY NBR OF COPIES MEDIUM/FORMAT SUBMIT TO

Non- Disclosure Agreement H4

Within five days of contract placement

One

MS Word

Delivered to COR/CO via email

Transcription Reports

Five (5) days after occurrence

One Original

One copy one searchable PDF on

CDROM/DVD

Original document, photocopy and searchable PDF on

CD ROM/DVD

Delivered to

COR

Expedited Transcription Reports

One (1) day after occurrence

One Original

One copy one searchable PDF on

CDROM/DVD

Original document, photocopy and searchable PDF on

CDROM/DVD

COR

Contractor Manpower Reporting

H13

Must be submitted NLT 31 Oct of each calendar year

N/A Online http://www.ecm ra.mil

1.7 Performance Requirements Summary

http://www.ecmra.mil/

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard PERFORMANCE

THRESHOLD

Method of Surveillance

Transcripts error rates Transcripts errors will be kept to minimum

No more than two errors per page

COR will review

Contractor Manpower Reporting

See Section H13 Zero Tolerance Yearly by the COR at time of next option period

D. PACKAGING & MARKING

D.1. The contractor shall ensure that all items are preserved, packaged, packed and marked in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe and timely delivery at the intended destination. All data and correspondence submitted shall reference:

1. The Contract Number

2. The Contract Name

3. The Government end user agency

4. The name of the COR

Section E - Inspection and Acceptance

Inspection & Acceptance is in accordance with 52.212-4.

Section F - Deliveries or Performance

F.1 Recognized Holidays: The following Government holidays are normally observed by Government personnel and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc.) Presidential funerals or any other unexpected government closures.

New Year’s Day Labor Day

Presidential Inauguration Day (metropolitan DC area only) President’s Day

Martin Luther King Jr.’s Birthday Columbus Day

Memorial Day Veteran’s Day

Independence Day Christmas Day

Thanksgiving Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S.

Government Agencies.

When the Government grants administrative leave or early dismissal to Government personnel, or is closed as a result of inclement weather, potentially hazardous conditions, or other special circumstances, Contractor personnel may be granted administrative leave or early dismissal provided that contract performance is not adversely impacted. Contractor is not required to perform service on holidays.

Occasionally, the Contractor may be required to perform and/or provide services outside the normal hours of duty. These occasions will be infrequent and require services be performed after normal working hours in the evening and/or weekends (Saturday and Sunday). The COR and the contractor will mutually agree upon any/all deviations to the schedule.

F.2 Hours of Operation: Contracted Transcription personnel are expected to conform to the hours established by the DFO, Director, or Presiding Official. These hours are generally 8:30 a.m. to 5:00 p.m., Monday through Friday, with the exception of Federal Government holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. However, when requested/required by the DFO, Director, or Presiding Official, hereafter -- Presiding Official, transcriptionists/reporters, hereafter -- reporter, are required to work past normal work hours.

F.3 Place of Performance: The contractor will perform work at government facilities, includes government leased facilities, located in the Continental United States (CONUS).

T h e f o l l o w i n g a r e e x a m p l e s o f f r e q u e n t l y u s e d locations may be:

a) National Capital Region;

b) Austin, TX;

c) Chicago, IL; and/or

d) Los Angeles, CA

F.4 Period of Performance

The period of performance is a five-year ordering period. The ordering period begins June 1, 2014.

F.5. Hours, Overtime, Canceled and Delayed Hearing/Meetings

a) Reporting services resulting from this contract shall cover proceedings held between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except Federal holidays, at the basic prices quoted in the contract. The contractor shall be required to work overtime when requested to do so by the Presiding Official or COR. A differential rate of 50% for overtime shall be allowed for attending proceedings scheduled on Saturdays, Sundays, Federal holidays, and from 6:01 p.m. to 7:59 a.m., Monday through Friday. The differential will be applied to the Contractor's page prices. Differential rates for each day will be computed by adding the 50% supplement to all pages reported in the above references time periods. Requests for overtime pay shall be approved by the Presiding Official or the COR. Contractor must pay employees in accordance with the Service Contract Act. However, the Government will pay the contractor overtime pages at one and one-half times the unit rate bid in price schedule.

b) The Contractor shall assure:

(1) that each reporter is fully aware of the governments occasional need for extending a proceeding session beyond the normal work day;

(2) that each reporter is aware of the additional compensation available when such services are required and used; and

(3) that, in fact, such benefits do accrue to the reporter when these after-hours services are necessary.

c) When a reporter puts in an appearance at the time and place designated for a proceeding and it is held, canceled, delayed or postponed, the contractor is guaranteed a minimum payment.

Notice of cancellation of a scheduled hearing shall be given before 5:00 p.m. of the business day prior to the hearing date. Inadequate notice shall be sufficient to support an appearance fee.

d) If, after notice of a proceeding, the Contractor does not appear at the time and place specified for the proceeding, the Presiding Official may call in a substitute and the Contractor shall reimburse the Government for expenses over and above those which would have been incurred if the Contractor had properly performed the work. The Government may deduct such expenses and other damages from any other sums due or that may become due the Contractor.

Section G - Contract Administration Data

G.1 POINTS OF CONTACT

(a) This contract will be procured by:

Contracting Officer

Washington Headquarters Services

Acquisition Directorate

1225 South Clark Street, Suite 910

(b) This contract will be administered by:

Contracting Specialist/Contracting Officer

Washington Headquarters Services

Acquisition Directorate

1225 South Clark Street, Suite 910

Phone: 703-545-XXXX; Email: Keisha.L.Simmons.civ@mail.mil

G.2. TASK ORDER PROCEDURES

The following defines the process by which fair opportunity will be afforded, how task orders will be processed and priced, and how a TO will be awarded.

a. Fair Opportunity Process. Orders will be placed in accordance with FAR 16.505(b)(1). If anticipated award is under the simplified acquisition threshold awards may be made based on existing prices contained in the contract or contract holders may be contacted for a quotation.

b. Fair Opportunity Exceptions. Non-Fair Opportunity Orders will be placed in accordance within accordance with FAR 16.505(b)(2).

c. Selection Criteria for Awarding a Task Order. The Government will evaluate quotations against established selection criteria. The selection criteria and exact source selection procedures will be determined for each order.

d. Ordering: Orders may be placed only by WHS Contracting Officers.

e. The ceiling of all orders placed between all contract holders is five million dollars.

f. The minimum orders placed per contract holder is $4,000.00

G.3. Task Orders

G.3.1. Administration

G.3.1.1. Contracting Officer's Representative (COR)

(a) The COR will be identified for each Task Order.

(b) The Contractor is advised that only the Contracting Officer can change or modify the BPA terms or take any other action which obligates the Government on any task order. The authority of the COR for each task order is strictly limited to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer.

Section H - Special Contract Requirements

H.1 Contractor Personnel: Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. When Contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties they must identify themselves as such to avoid creating the impression that they are government employees.

All Contractor personnel assigned to this contract must be able to read, write, speak and understand English.

H.2 Project Manager: The Contractor shall provide a Project Manager to facilitate Government-Contractor communications. The Project Manager shall be the primary technical and managerial interface between the Contractor, Contracting Officer (CO) and the Contracting Officer’s Representative (COR) located at the Washington Headquarters Services. The name of this person, and an alternate or alternates, who shall act for the contractor when the Project Manager is absent, be designated in writing to the CO and COR. The Project Manager or alternate will have full authority to act for the contractor on all contract matters relating to daily operations.

H.3 Data Rights (Limited Use of Data): The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

The contractor will treat all data encountered or created pursuant to this contract as Sensitive.

No data will be released outside of the Department of Defense for any reason, to anyone, without the proper approval and consent of authorized Government personnel. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

H.4 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

All contractor employees who perform on this contract and are subject to organizational conflict of interest (OCI) restrictions shall execute and sign a non-disclosure agreement (NDA) provided as an attachment to this contract. A signed copy of this statement shall be provided to the Contracting Officer and to the COR.

H.5 Disclosure and Avoidance of Inherently Governmental Functions

The contractor shall not perform or give the appearance of performing inherently governmental functions as described in FAR Part 2 and Subpart 7.5, and applicable DoD policy. None of the services to be performed are inherently governmental functions. All contractor personnel shall identify themselves as Contractor Support in all forms of communication during the performance of their duties under this Agreement. In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Government, but rather shall identify themselves as being under contract to Government.

The contractor shall:

H.5.1. Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contracted support.

H.5.2. Include a title block in all emails that states the fact that the person is contracted support.

H.5.3. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the Government understands that the person is contracted support.

H.6. Personnel Identity Verification of Contractor Personnel (FAR 52.204-9)

(a) 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.

(b) 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.

H.7. Special Requirements for Service Contracts A. Inherently Governmental Functions - No inherently government functions as defined in FAR

2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

B. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

C. Marking of Reports - The contractor shall mark all documents or reports produced under this contract with the contractor name, contract number, and task order number, if applicable.

H.12. Appearance Fee

When a reporter puts in an appearance at the time and place designated for a proceeding and it is held, canceled, delayed or postponed, the contractor is guaranteed a minimum payment. Notice of cancellation of a scheduled hearing shall be given before 5:00 p.m. of the business day prior to the hearing date. Inadequate notice shall be sufficient to support an appearance fee. The minimum appearance fee for all orders shall be no more than three (3) hours times your hourly rate.

H.13. Contract Manpower Reporting

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The data shall be reported on a task order level. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mill.

H.14. On/Off Ramp Provision

This program will be reviewed periodically to determine whether it is in the best interest of the Government to "reissue" an RFP for purposes of adding additional IDIQ Contractors. The Government is under no obligation to solicit or establish additional IDIQs. However, should such a determination to hold an open season be made, during this process the Government may add additional IDIQ contract holders.

In the event that additional IDIQ vehicles are established as a result of reissuing the RFP ("open season"), the period of performance of the new "onramped" IDIQs will extend to the end of the five year ordering period established at the original IDIQ award.

H.15. Loss of Testimony

If the contractor fails to deliver the transcript for any reason not caused by the Government, whether or not the failure to deliver was caused by contractor negligence, the contractor shall: (1) reimburse the Government for all costs related to re-litigating or re-staging the hearing, and (2) provide the services necessary to retake and transcribe the proceeding without additional charge to the Government.

H.16. Transcript Certification

The reporter shall complete and the Contractor shall attach at the end of each transcript the certification indicated in Attachment 4. When the transcript is transcribed by a person other than the reporter present at the hearing, the transcript shall be proofread against the reporter’s notes and/or recordings. The accuracy of the transcript shall be certified to as indicated in Attachment 4. The certification also shall be attached at the end of the transcript.

H.17. Applicable Publications

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. DODI 5015.04 dated 6 Aug 07 is the prime http://www.dtic.mil/whs/directives/corres/pdf/510504p.pdf http://www.dtic.mil/whs/directives/corres/pdf/510504p.pdf

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.212-1 Instructions to Offerors--Commercial Items JUL 2013

52.219-14 Limitations On Subcontracting NOV 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2

52.232-18

Privacy Act

Availability of Funds

APR 1984

JAN 1984

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity Of Services JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A

System for Award Management Alternate A MAR 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.227-7015 Technical Data--Commercial Items FEB 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.