BPA-court_reporter_RFQ.doc

BPA # HT9402-14-B-XX-

COURT REPORTER SERVICE

TABLE OF CONTENTS

Section Page I. Blanket Purchase Agreement (BPA) Terms & Conditions II.BPA Clauses Attachment 1: WAWF Invoice Procedures .13 Attachment 2: Wage Rates – Colorado 2005-2081, Rev. 13, 6/19/2013………………...14

Attachment 3: Vendor Price List (to be added upon award)………………………………25

BLANKET PURCHASE AGREEMENT (BPA) NO. HT9402-14-B- ________________

I. TERMS & CONDITIONS

1. General Information: This Basic Purchasing Agreement (BPA) is for the purchase of COURT REPORTER/ TRANSCRIPTION SERVICES provided by _____________________ (“Contractor”) to the DEFENSE HEALTH AGENCY (DHA) – (formerly TRICARE MANAGEMENT ACTIVITY (TMA), 16401 E. CENTRETECH PKWY AURORA, CO 80011.

2. Scope of Work: The Contractor shall provide court reporter and transcription services in accordance with the Terms and Conditions of this BPA, as needed, for DHA for the purpose of supporting various legal and transcription requirements as calls/orders are placed throughout the performance period of this BPA.

3. BPA Terms and Conditions: The terms and conditions of this BPA apply to all Calls/Orders placed. Calls/Orders placed under this BPA are considered binding upon acceptance by the Contractor. A Call/Order is deemed to have been accepted by the Contractor upon delivery of the products required by the Call/Order, or in the absence of written notification to the Contracting Officer of non-acceptance by the Contractor, within five days of the Effective Date of the call/order.

4. Description of Agreement:

Upon issuance of a BPA Call/Order or Government Purchase Card (GPC) transaction placed by an authorized individual (see Paragraph 7), the Contractor shall provide goods/services as described relating to the performance of Court Recording and/or Transcription efforts inclusive of delivery and performance schedule in each individual Call/Order placed.

A. BPA Period: The effective period of this BPA ends five years after award date of the BPA or when the Aggregate Purchase Limitation is reached, whichever occurs first. A 60-day written notice, by either party, to/from the Contracting Officer is required to cancel this agreement.

B. Aggregate Purchase Limitation: The aggregate amount of all Calls/Orders placed against this BPA shall not exceed $750,000.00.

C. BPA Order Minimum/Maximum:

(i) Limitation On Number of Calls/Orders Placed: There is no minimum requirement or maximum limitation with regard to the number of calls/orders which may be placed against this BPA.

(ii) Limitation Of Value For Individual Calls/Orders Placed: The minimum value for an individual Call/Order placed against this BPA is $1000.00. The maximum value of an individual Call/Order placed against this BPA shall not exceed - see paragraph 7 below.

D. BPA Review: The Contracting Officer will review the BPA at least annually. A review of market conditions, sources of supply and other pertinent factors may warrant making modifications to the BPA, including revising the purchase limitations. The Contracting Officer will perform this review and issue a unilateral modification of any applicable changes affecting the renewal to the Contractor as applicable.

5. Extent of Obligation: The Government is obligated only to the extent of authorized purchases (Calls/Orders and/or Government Purchase Card transactions) placed against this BPA. No terms and conditions other than those specified in this agreement, or those mutually agreed upon for a specific order that are within the scope of this BPA, shall be applicable to purchases made under this BPA.

6. Services and Pricing: The principal intent of this BPA is to provide a simplified method of obtaining the products/services described above.

Prices for court reporter / transcription services shall be as per the attached price list.

7. Individuals Authorized to Place Calls/Orders and Government Purchase Card Transactions Against this BPA: Only officials as designated in the table below are authorized to make purchases under this agreement.

8. Method of Ordering:

A. A requirement is identified and Statement of Work submitted.

B. The requestor develops an estimate for requested items needed.

C. A BPA Order is prepared and issued to the vendor OR

A call is placed verbally for payment transaction using an authorized Government Purchase Card.

9. Invoices Against BPA Calls: An itemized invoice shall be submitted monthly or upon expiration of the BPA Call (whichever occurs first), for all products provided during the monthly billing period, and for which payment has not been received. These invoices should be supported by copies of delivery tickets; however, in the absence of such documentation, the invoice shall include, at a minimum, the following information:

· Contractor name and address;

· Invoice number and date;

· BPA contract number and Itemized by Call/Order Number

· Itemized invoice amount per price schedule of BPA

· Total amount invoiced

· Name and address of official to whom payment is to be sent; and

· Name and phone number of Contractor’s invoicing point of contact.

All invoices shall be submitted via the Wide Area Work Flow (WAWF) of Defense Finance & Accounting Service (DFAS), which instructions are attached.

The acceptor for payments is:

Stacy Tamoglia – 303-676 -3741

10. Payments: Payments will be made in accordance with DFAR payment methods as identified in each Call/Order or at the placement of a Call/Order, as follows:

A. Electronic Funds Transfer (EFT) for BPA B. Government Purchase Card Transaction for verbal Orders confirmed in writing (i.e., via e-mail)

11. Government Points of Contact:

Contracting / Administrative Issues:

Scott Lamond – Contracting Officer – 303-676-3649

Martina Devries - Contract Analyst- 303-676-3647

Technical Issues:

See information provided with each call as various organizations Within DHA may use these services.

Primary Manager of this BPA is: DHA- Office of General Counsel

POC: Christine Treat – 303-676-3880

II. CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/ FAR 52.212-4: Contract Terms and Conditions—Commercial Items (Feb 2012)

FAR 52.204-7

Central Contractor Registration (Dec 2012)

FAR 52.204-13

Central Contractor Registration Maintenance (Dec 2012)

FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (Jun 2012)

DFAR 252.232-7003

Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFAR 252.204-7004

Alternate A, Central contractor Registration (Feb 2013)

CONTRACTOR MANPOWER REPORTING REQUIRMENT: In accordance with the requirements of sections 235 and 2330a of title 10, United States Code, all contracts that require the performance of services, including contracts for goods with defined requirements for services shall adhere to the following directions:

a. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Other Department of Defense agencies via a secure data collection site. 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: http://www.ecmra.mil/

b. Currently, the Department of Defense component on the website is not operational; however, it will be online soon. Contractor shall enter in the required information once the online component becomes operational.

The following clauses are included in full text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (May 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

_X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

_X_ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

ATTACHMENT 1

INVOICING PROCEDURES

a. In accordance with Department of Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, “Electronic Submission of Payment Requests and Receiving Reports”, the contractor shall submit their payment request electronically using the Wide Area Work Flow (WAWF) system. The WAWF website is located at https://wawf.eb.mil/notice.xhtml.

b. There is no charge to use WAWF. Contractors must register to use WAWF at the aforementioned website and ensure an electronic business point of contact (POC) is designated in the System for Award Management (SAM) site at www.sam.gov within ten (10) calendar days after award of this order.

c. Contractor training is available at the website Home Page, under “Help”, “Web Based Training” (WBT). Contractors may contact WAWF Customer Support for assistance: (1) toll free: (866) 618-5988, (2) commercial: (801) 605-7095, (3) fax commercial: (801) 605-7453, or (4) E-mail: CSCASSIG@CSD.DISA.MIL

d. Use the following information, as required, to create and submit invoices for this ☐Purchase ☐XXXDelivery Order in the – Receipt and Acceptance (WAWF-RA) System:

WAWF INVOICE CODES:

Invoice Type:

Contract Number:

Invoice and Receiving Report – Combo

HT9402-14-

Administrative DoDAAC:

Payment DoDAAC:

HT9402

HQ0649

Acceptor DoDAAC:

Location Code Extension:

HT9402

TMAOGC

Ship To DoDAAC:

Location Code Extension:

HT9402

TMAOGC

· Identify applicable CLINs specific to each invoice submitted.

ATTACHMENT 2

Wage Rates

ATTACHMENT 3

PRICING LIST