Statment_of_Work_Court_Reporting.pdf

Solicitation No. NLR63310016Q0001

NATIONAL LABOR RELATIONS BOARD

STATEMENT OF WORK

COURT REPORTING SERVICES

1. GENERAL

(a) The contractor shall provide Court Reporting Services for the National Labor Relations Board in Region 12, Tampa; Region 15, New Orleans; Region 16, Fort Worth; Subregion 24, Puerto Rico; and Subregion 37, Hawaii. A contractor can bid on all or specific Regions/Subregions.

(b) The contract term will include a base period and one-year option periods as shown in the table below.

Contract Term Base Year October 1, 2015 – September 30, 2016 Option Year 1 October 1, 2016 – September 30, 2017

(c) The contract will be a Time-and-Materials Contract with firm fixed unit prices and a Not-to-Exceed (NTE) ceiling for the total price.

(d) Multiple awards may result from this solicitation.

(e) The Department of Labor wage rates are applicable as listed in Section J, Attachment

H, Wage Determinations.

The Contractor will furnish all personnel, materials, equipment, travel and lodging, and services necessary for the performance of the requirements as set forth herein.

2. SCOPE OF CONTRACT

This Statement of Work covers requirements for the reporting and related services of:

(a) Agency case hearings and pretrial conferences held in the NLRB’s Region 12, Tampa;

Region 15, New Orleans; Region 16, Fort Worth; Subregion 24, Puerto Rico; and Subregion 37, Hawaii, before duly designated administrative law judge, presiding official, or Agency representatives;

(c) In any case within the geographic area covered by NLRB’s Region 12, Tampa;

Region 15, New Orleans; Region 16, Fort Worth; Subregion 24, Puerto Rico; and Subregion 37, Hawaii where the Agency is required to provide for recording and transcribing in full or in part;

(d) All depositions and Rule 2004 Examinations taken by Agency attorneys within the geographic area covered by NLRB’s Region 12, Tampa; Region 15, New Orleans;

Region 16, Fort Worth; Subregion 24, Puerto Rico; and Subregion 37, Hawaii; and

(e) All other miscellaneous conferences and meetings, such as press conferences, advisory panel meetings, etc. (if ordered to be recorded and transcribed at the option of the Agency) or administrative hearings held at any designated location within the geographic area covered by NLRB’s Region 12, Tampa; Region 15, New Orleans;

Region 16, Fort Worth; Subregion 24, Puerto Rico; and Subregion 37, Hawaii.

3. DEFINITIONS

As used in this Solicitation, unless otherwise required:

(a) The “Agency” means the National Labor Relations Board.

(b) "Agency representative(s)" means person(s) authorized to represent the Agency at legal proceedings including but not limited to hearings, depositions, trials, administrative rulemaking, examinations, conferences, oral arguments, and any occasion where the Agency is required to provide for recording and transcribing in full and in part.

(c) The “Board” means the five presidential appointees to the National Labor Relations Board, excluding the General Counsel, and their staffs, the Office of the Solicitor, Office of Representation Appeals, and Office of the Executive Secretary.

(d) "Complete transcript" means the required number of copies of transcripts, original exhibits, electronic transcripts and scanned exhibits, Form NLRB-5353 Proceeding and Transcript Deficiency Reports (Section J, Attachment E), and Form NLRB-5383 Transcript Reports (Section J, Attachment D), as specified in Section F.

(e) "Ordinary copy" means the complete transcript of a hearing, deposition or any other proceeding, which is delivered within 10 calendar days after the close of the hearing, deposition or other proceeding.

(f) "Expedited copy" means the complete transcript of a hearing, or any other proceeding, which is delivered within five (5) calendar days after the close of the hearing or other proceeding.

(g) "Prompt copy" means the complete transcript of a hearing, deposition or any other proceeding, which is delivered within three (3) calendar days after the close of the hearing, deposition or other proceeding.

(h) "Daily copy" means the complete transcript of a day's hearing, deposition or any other proceeding, which is delivered by 9:00 a.m. the following day.

(i) "Duplicated copy" means an additional copy of a transcript of an administrative hearing, any other proceeding, or a portion thereof, including electronic transcripts and scanned exhibits (see Section F, paragraph F3). Duplicated copy must be delivered in the same manner as the original.

(j) "Hearing" means any administrative or court proceeding, including, but not limited to, Agency case hearing; oral argument or rule making hearing before the Board; court hearing; court conference; court trial; evidentiary hearing; bankruptcy meeting of creditors.

(k) “Deposition” means any deposition or Rule 2004 Examination taken by any Agency attorney.

(l) “Reporting requirement” means hearings and depositions covered under paragraph C1 of this Statement of Work.

(m) “Volume of transcript” means one (1) transcript produced for every day a hearing is held.

(n) “Digital Media” means evidence contained in digital files submitted via flash drive, dvd, or other electronic means as determined by the presenting official or Agency Representative.

4. NOTICE OF HEARING AND DEPOSITIONS

The Agency will, when practicable, give the Contractor at least three (3) days' prior notice of time and place of contemplated hearings, depositions or any other proceedings covered by paragraph C.1 of this Statement of Work. In emergencies or in situations where time is of the essence, prior notice will be given to the Contractor as soon as practicable.

5. REQUIREMENTS

(a) The Contractor agrees to provide as many qualified and proficient reporters as necessary for the prompt furnishing of accurate and professional transcripts in all scheduled hearings or depositions.

1. The reporter must be qualified and proficient in the operation of the court reporter equipment and must appear in business attire.

2. The reporter must be proficient in grammar, spelling, vocabulary and punctuation.

3. The reporter must also be familiar with legal terminology and court, hearing, and deposition procedures.

4. The assigned reporter furnished by the Contractor must be authorized to administer oaths in the state, District of Columbia (D.C.), Puerto Rico, Guam or the Virgin Islands and, if required by state, D.C, Puerto Rico, Guam or the Virgin Island law, in the county in which the deposition is being conducted.

(b) The Contractor agrees that the reporter must perform all the work in accordance with the Federal Rules of Civil Procedure, and other applicable rules and regulations, in a professional manner.

Electronic sound recording devices, monitored Multi-Microphone recording systems and/or Real Time recording must be operator monitored by headphones to ensure a proper recording and include simultaneous playback, listening, pre- amplification, and speaker identification facilities. The Contractor shall provide a backup system that is operated simultaneously throughout the hearing.

(c) The Contractor agrees that the reporter must:

1. prior to the designated starting time of the hearing or proceeding, report to the hearing facility and set up any necessary equipment in an arrangement which does not pose any safety hazards due to exposed wires, cords, or for any other reason;

2. present himself/herself to the presiding official or Agency representative at the designated time and place of hearing or proceeding;

3. at all times be governed by the instructions of the Agency representative , or presiding official, in matters affecting the composition of the record, adjournment to other times or places, and the hours of hearing proceeding, among other things;

4. report everything spoken while a hearing or proceeding is in session unless the

Agency representative or presiding official directs an off-the-record discussion; and

5. must not omit from the record any part of a proceeding or hearing for which notes have been taken, as required , unless the Agency representative or the presiding official so directs.

(d) The Contractor is required to assure that:

1. each reporter is fully aware of the Agency's occasional need for extending a hearing or proceeding beyond the normal work day, and

2. each reporter is aware of the additional compensation available when such services are required.

6. ACCURACY OF TRANSCRIPT FOR HEARINGS

(a) The Contractor is responsible for furnishing complete transcripts which accurately reflect the full and complete verbatim record of the hearing.

(b) In hearings where an interpreter is used because a language other than English is spoken by the witness, the Contractor is required to report the actual words as interpreted into English except the Contractor must report the correct foreign word or phrase in all cases where those words or phrases cannot be translated into English, particularly as they relate to proper names, places, and things.

(c) For transcripts received that do not include all pages, the Contractor must furnish any missing items at the direction of the Regional, Sub-regional, Resident Office, or Washington, DC, headquarters office or other Agency representative. The Contractor must provide the correctly prepared transcript within two (2) calendar days after receipt of notification, and without additional cost to the Agency.

(d) Where 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 or misspelling if the intended meaning is clearly evident, such as "thier" for "their" or "teh" for "the", etc.):

1. The Contractor is to make the corrections to the transcript only upon issuance and receipt of an approved stipulation or motion by the Agency representative or presiding official.

2. The Contractor is to furnish the corrected transcript within five (5) calendar days after receipt of notification, and without additional cost to the Agency, regardless of the delivery time and the original order specified.

7. PREPARATION OF TRANSCRIPTS FOR HEARINGS

(a) All transcripts must be computer generated using Computer Aided Transcription (CAT) software.

1. The electronic copy of the transcript submitted through the Agency’s E-filing portal or via email, must be in a format which is compatible with litigation support software (see paragraph C 14(e)(2)).

2. The original copy of the transcript must be printed with laser printer quality.

3. The CAT application should be formatted in Courier font, 12 point, double-spacing, and permits only 25 lines per page (8 1/2 x 11" paper). No payment will be made for lines in excess of 25 lines to a page. The numbers indicating each line of transcript upon each page, i.e., 1 to 25, inclusive, should be generated automatically to the left of the left marginal line of original transcript and all copies. At the end of the 25th line of text, the text should automatically wrap to the first line of each succeeding page.

4. The ruled margins are to be set as follows: left at 1.7, right at .4 , top at 1, and bottom at 1.6, as well as headers and footers at .4. Each page of the transcript is to contain a header with the page number, which must be located in the upper right corner above line 1. Footers are to reflect the Contractor’s name, address, and telephone number. (See Section J, Attachment C)

5. See Section J of the contract: Attachment C for an example of required formatting of transcripts for hearings.

6. For unfair labor practice hearings, the appearances listed in each volume of the transcript must be in the following order: (i) General Counsel, (ii) Charging Party, (iii) Respondent, and (iv) Other.

7. For representation hearings, the appearances listed in each volume of the transcript must be in the following order: (i) Employer, (ii) Petitioner, (iii) Counsel for the Regional Director, if applicable and (iv) Other.

(b) Transcript page formatting.

1. The Contractor must use normal typing, which provides six (6) vertical line spaces per inch, or 66 lines per standard page (11 inches long).

2. Transcript testimony must be identified by the abbreviations "Q." and "A." to identify questions and answers, or the name of the speaker followed by a colon.

The first line of each question, answer, or name of the speaker will be indented five (5) spaces from the letter Q., or A., or speaker name and colon. In addition to showing the starting time on the first page of the transcripts, the closing time must appear on the last page of all transcripts. (See Section J, Attachment C)

(c) Each volume of the original transcript must be authenticated by the official reporter with a certification page in the following form for NLRB Regional Office cases:

CERTIFICATION

This is to certify that the attached proceedings before the National Labor Relations Board (NLRB), Region____________________ (case number and name) ________________________________________ (place and date of hearing) ______________________________________ was held according to the record, and that this is the original, complete, and true and accurate transcript that has been compared to the recording, at the hearing, that the exhibits are complete and no exhibits received in evidence or in the rejected exhibit files are missing.

(Signature of Reporter) Official Reporter

(d) For a transcript which contains more than one (1) volume:

1. In the first volume only, the title page showing name, case number, place and date of hearing, appearances, etc., must be included.

2. The index of witnesses and exhibits for each subsequent volume must be located immediately after the title page.

3. Pagination of transcript volumes shall be continuous.

4. Each volume of transcript must include an index of witnesses and exhibits. The exhibits should be listed as identified and/or received in that volume.

(e) Witnesses must be indexed in six (6) columns and double spaced: The first column, headed "Witnesses," must contain the full names of witnesses; the second column, headed "Direct," must contain the page number of the first page of direct examination of the witness; the third column, headed Cross," must contain the page number of the first page of cross-examination of the witness; the fourth column, headed "Redirect," must contain the page number of the first page of redirect examination; the fifth column, headed "Recross," must contain the number of the page of further cross-examination and the sixth column, headed “Voir Dire”, must contain the page number of the first page of voir dire examination . Witnesses must be listed on the index as called, even when called more than once to testify at a hearing or deposition. (See Section J, Attachment C)

(f) Exhibits must be indexed in three (3) columns, double spaced, and grouped by party:

the first column, headed "Exhibits," must contain the numbers of the exhibits preceded in each instance by the identifying capital letter, (i.e. B. for Board's exhibits, GC for General Counsel's exhibits, R for Respondent's exhibits, P or CP for exhibits of the Petitioner or Charging Party), and similar identification letters for other parties or intervenors; the second column, headed "For Identification," must contain the page numbers at which exhibits are marked for identification; the third column, headed "In Evidence," must contain the page numbers at which exhibits are received in evidence.

When a marked exhibit is Not Offered, enter that phrase in the “In Evidence” column.

When a marked exhibit is withdrawn, or rejected, type the page number in the “In Evidence” column followed by “Withdrawn” or “Rejected”. (See Section J, Attachment C).

(g) The transcript furnished to the Agency must be bound with covers made of 140-pound index paper of buff or similar light color, punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from top and bottom of page, third hole at the center of the resulting interval, and with the standard metal binding used to bind state and Federal court transcripts and in such a manner that it can be disassembled and reassembled with ease. (See Section J, Exhibit C)

(h) Covers for transcripts must be printed, and where multiple volumes, numbered. (See

Section J, Exhibit C).

8. EXHIBITS

(a) The original exhibits referred to in a transcript must be numbered and tabbed by the reporter in a single series of consecutive numbers for B (Board), GC (General

Counsel), R (Respondent), P (Petitioner), CP (Charging Party), and similar identification letters for other parties or intervenors. In arbitration cases, the exhibits will be referred to as E (Employer) and U (Union). Such single series of consecutive numbers and tabs must be used for an entire proceeding, regardless of the number, duration, or place of hearings. The reporter must mark exhibits near the bottom edge of the front page on the right-hand side. Tabs must be marked with the corresponding exhibit number as identified on the bottom of the page. The first tab must be attached in the upper right hand corner of the first exhibit in each series, with each succeeding tab placed in a descending format on the remaining exhibits.

(b) "Single series of consecutive numbers" must include all exhibits; whether marked for identification and not introduced or rejected; whether introduced without previous marking for identification; or whether marked for identification and later introduced.

(c) Exhibits received in evidence or rejected exhibits directed to be placed in the

Rejected Exhibits file must be labeled by the reporter, on the lower right-hand side of the reverse side of the front page, using a stamp, approximately 3" x 1 " in size, in the following format:

EXHIBIT NO._______________RECEIVED_____________REJECTED______

CASE NO.__________________CASE NAME_____________________________

NO. OF PAGES______________DATE ________REPORTER________________

Disposition of the exhibit must be indicated by the reporter by a check mark in the appropriate space on the stamped page. Use only black ink for stamp pads and for pens in marking exhibits.

(d) Use the number of the lead case only. Abbreviate the name of the respondent company or employer. If a union is the respondent and no company is involved, the popular name of the union may be used. Give the number of pages in the exhibit, state the date it was received or rejected, and sign the reporter's initials. The tabs must be plastic, self-adhesive, and have the capability of being marked on with permanent black ink.

(e) Whenever exhibits received in evidence are presented in duplicate, the duplicates must be stamped "DUPLICATE" on the face and must be identified in the manner provided for identification of exhibits. All duplicate exhibits must be maintained in a separate file marked "Duplicate Exhibits" in the same manner provided for original exhibits. All duplicate exhibits must be delivered to the appropriate regional office with the transcript.

(f) Exhibits marked for identification must remain in custody of counsel until received in evidence or directed to be placed in the Rejected Exhibits file, unless the Agency representative or the presiding official otherwise directs. Exhibits must be arranged 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 must be inserted by the Reporter in the place of each missing exhibit, stating the nature of the exhibit, how the exhibit was numbered and marked, the reason for the exhibit’s absence, and the exhibit’s custodian. The Rejected Exhibit file must contain all rejected exhibits in numerical order and be separated by parties.

Exhibits smaller than letter size will be secured to a sheet of letter size paper and placed in the file. If multi-paged small documents (such as a printed agreement) will spread open flat, staple the back cover to a piece of cardboard ), punch the two (2) holes in the upper end of the cardboard, and place in the exhibit file with the exhibit spread open (so it can be read as a book). If possible, fold large sheets of paper so they can be read without taking the exhibit file apart. Center the holes at the top of exhibits. Do not punch holes in an exhibit which will obscure or disfigure the text.

Exhibit files should not exceed1 1/2 inches in depth.

(g) Exhibits received in evidence, and rejected exhibits directed to be placed in the

Rejected Exhibits file, must remain in the custody of the reporter during the course of the hearing. During the hearing, the Reporter must not release any exhibit except upon the direction of the presiding official. No exhibit should be released until it has been properly stamped and labeled by the reporter. Only the presiding official may permit the withdrawal of exhibits after the close of the hearing.

(h) Prior to transmitting the exhibits to the Agency, the Contractor must certify that the exhibit files have been checked for completeness and that no exhibits received in evidence or in the rejected exhibit files are missing. The certification must specify the case number and name. If the exhibit files are combined after a resumption of the hearing, the Contractor must further certify, as set forth in Section C11(c), that the exhibit files are complete.

NOTE: the same material used to bind the transcript must also be used to bind the exhibit file(s) (see Section C10 SPECIFICATIONS PREPARATION OF TRANSCRIPTS, paragraph.) Any digital media received as exhibits should be placed on a storage drive as specified by the presiding official or Agency Representative and enclosed in a plastic sleeve bound to the other exhibits.

9. ELECTRONIC COPY OF TRANSCRIPT AND EXHIBITS

(a) The Contractor must create the paper original and copy(ies) specified by the contract using a Computer Aided Transcription (CAT) software and must be submitted through the E-filing portal, or via email as directed by the Agency representative.

The Contractor’s CAT software must be compatible with any resulting changes in the Agency’s file format requirements. Scanned exhibits must be submitted to the Agency in a format which supports Optical Character Recognition (OCR) software.

(b) The Contractor must submit the electronic transcript and scanned exhibits to the appropriate Board, Regional or Sub-Regional office through the Agency’s E-filing portal accessible at NLRB.gov, or via e-mail, as directed by the responsible Agency representative. To submit via the E-filing portal, the Contractor must create a My NLRB account through the Agency’s website.

(c) The electronic transcript and exhibits will be used for computer searching and must be 100% equivalent to the official printed transcript (i.e., formatting, page, and line numbers matching the hard copy).

(d) The Contractor will demonstrate to the Agency its ability to produce satisfactory electronic files prior to contract award.

(e) The Contractor will conform to all of the following specifications:

1. Electronic File Format.

The Contractor must prepare an electronic folder containing a complete set of the exhibits referenced during the proceedings. This folder may be comprised of scanned copies of the original exhibits in a format which supports OCR, and/or may incorporate electronic versions of the exhibits provided by the parties at the hearing and accepted by the presiding official.

2. Electronic File Labeling.

a. Each complete transcript copy submitted through the Agency’s E-filing portal or via email, must contain separate files for each (1) volume of the transcript.

Each file will be clearly labeled to identify the transcript contents by:

Case number Case name Date of hearing Volume and page numbers

b. Exhibits submitted through the Agency’s E-filing portal or via e-mail must contain separate files for each party’s exhibits B (Board), GC (General Counsel), R (Respondent), P (Petitioner), or CP (Charging Party), respectively. The exhibits within these files must be numbered by the reporter in a single series of consecutive numbers.

10. SALE OF DUPLICATE COPY OF TRANSCRIPT

(a) Pursuant to Public Law 92-463, and the Freedom of Information Act, as amended, the Agency reserves the right to make additional copies of transcript, including in electronic formats, available to the public. The Agency also reserves the right to reproduce additional copies, or portions thereof, as it deems necessary for its own use or, upon approval of the CO, to order additional copies from the Contractor at the price preset by the Agency for duplicated copy.

(b) Contractors are required to sell copies of transcripts to the public, unless limited by this contract, provided that such copies are sold at a price that does not exceed the contract price to the Agency for duplicate copy or the contract price set by the contract for electronic copies. Electronic copies of the transcript and exhibits cannot be sold unless ordered in accordance with delivery requirements in Section F. Copies of transcripts ordered by persons other than an Agency representative must be prepared for delivery to the requesting party at the same time and in comparable manner as the Agency's copies are prepared for delivery. The requestor and the Contractor may agree upon alternative means of delivery and the Contractor will charge its actual cost for such service.

(c) The Contractor agrees that all stationery, advertising material, or sales methods using the name of the National Labor Relations Board or in any way expressing the Contractor's or any of its reporter's connection therewith must be subject to the approval of the CO, and must be modified or discontinued as the CO may direct.

(d) The Contractor is precluded from selling any copy of transcript of those hearings described in paragraphs C1(d) and C1(e) of this Section, unless directed to do so by the CO, and he/she is responsible for specifically so instructing each subcontractor and reporter assigned to handle such a matter.

11. RETENTION OF NOTES AND RECORDINGS

The Contractor agrees that all recordings and stenographic notes taken in connection with the services rendered under this contract, and electronic storage media made there from, must be held by the Contractor, subject to the authority and control of the Agency for a period of two (2) years from the dates of delivery of transcript.

12. DEPOSITIONS AND BANKRUPTCY PROCEEDINGS

The Contractor must furnish the necessary personnel, materials, equipment, and services in conformity with the following requirements:

(a) The Contractor agrees to furnish reporting services in compliance with all provisions and requirements of the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure ("Federal Rules") and, where applicable, the local United States district court and bankruptcy court rules, including, but not limited to, and supplemented by the following:

1. The assigned reporter furnished by the Contractor must be authorized to administer oaths in the state, District of Columbia (D.C.), Puerto Rico, Guam or the Virgin Islands and, if required by state, D.C, Puerto Rico, Guam or the Virgin Island law, in the county in which the deposition is being conducted.

2. The Contractor must provide the Agency attorney responsible for the case with the name, email address, and telephone number of the reporter attending the deposition at least 24 hours in advance of the date of the deposition.

3. The reporter is responsible for putting the witness under oath.

4. Covers and cover pages of the deposition transcripts must correctly reflect the nature of the proceedings and must be prepared consistent with the practice for federal court depositions in the district where the deposition is held. Deposition transcripts and exhibits must be bound consistent with the practice for federal court depositions in the district where the deposition is held.

13. PERIOD OF PERFORMANCE

The period of performance under this contract will be for one (1) year base period and tone (1) one-year Option Period. The inclusion of an Option Period in the initial award document does not guarantee that the Option will be exercised. If the Agency exercises the option period, the contractor must provide the services for the option period awarded.

Base Year: October 1, 2015 – September 30, 2016 Option Year 1: October 1, 2016 – September 30, 2017

14. PERFORMANCE STANDARDS

Evaluation of the Contractor’s overall performance will be conducted jointly by the COR and the Contracting Officer in accordance with the performance standards set forth in Solicitation, and shall form the basis of the Contractor’s permanent performance record.

15. DELIVERY REQUIREMENTS

The Contractor will furnish to the Agency the required copies of transcripts, original exhibits, duplicate exhibits, Proceeding and Transcript Deficiency Report, and Transcript Reports, as specified below, at the rates awarded in the schedule of rates. One Transcript Report and one Form NLRB-5353 Proceeding and Transcript Deficiency Report will accompany delivery of transcripts to each delivery point. For all provisions of this contract, all delivery charges will be paid by the Contractor.

(a) “C” Case Hearings

1. Transcript 250 pages or less. The Contractor will furnish to the Agency the original transcript and original exhibits, and one (1) electronic copy of the transcript and exhibits in all "C" case hearings in which the transcript is 250 pages or less. The original transcript and original exhibits will be mailed via first class to the Division of Judges, Washington, DC, San Francisco, California, Atlanta, Georgia, or New York City, New York depending on the official duty station of the ALJ, simultaneously with the E–filing of the copy, together with the duplicate exhibits, to the appropriate Regional, Subregional, or Resident Office. The presiding official or Agency representative will determine how exhibits that cannot be duplicated or scanned are to be shared with all parties.

2. Transcripts 251 pages or more in “C” case hearings. The Contractor will furnish the following to the agency:

a. Original transcript and original exhibit must be mailed via first class to the

ALJ (Division of Judges, Washington, DC, San Francisco, California, Atlanta, Georgia, or New York City, New York depending on the official duty station of the ALJ).

b. One (1) hard copy of the transcript, and one (1) hard copy of the exhibits must be mailed via first class to the appropriate Regional, Subregional or Resident Office.

c. An electronic copy of the transcript and exhibits must be E-Filed with the Agency portal.

The presiding official or Agency representative will determine how exhibits that cannot be duplicated or scanned are to be shared with all parties.

3. The envelopes transmitting the copy to the Division of Judges must be clearly marked that a transcript for a given case is enclosed. (For example:

TRANSCRIPT XX-CA-xxxxxx). At the same time, the Contractor will submit a complete electronic copy of the transcript and scanned exhibits to the ALJ, the appropriate Regional or Subregional or Resident Office and the Board’ s Case Records Unit via the Board s E-filing portal.

(b) Oral Arguments and Rule Making Hearings

The Contractor will furnish to the Board the original transcripts and copies as requested by the Board of all oral arguments and rule making hearings. The Contractor will, simultaneously with the mailing of the original complete transcript and copies, submit a complete electronic transcript (including scanned exhibits) to the Board’s Executive Secretary via the Agency s E-filing portal, or via email as directed by the Board representative.

(c) Pretrial Conference

The Contractor will furnish the original transcript of conference notes in all pretrial conferences to the Division of Judges, Washington, DC, San Francisco, California, Atlanta, Georgia, or New York City, New York depending on the official duty station of the ALJ and one (1) copy to the Agency’s appropriate Regional, Subregional, or Resident Office. These transcripts will be mailed to the appropriate Regional, Subregional, or Resident Office.

The Contractor, will simultaneously with the mailing of the original complete transcript and copy, submit a complete electronic transcript (including scanned exhibits) to the Division of Judges and the appropriate Regional, Subregional, or Resident Office via the Agency’s E-filing portal, or via email as directed by the Agency representative.

(d) "R" Case and 10(k) Hearings

The Contractor will furnish to the Agency the original transcript and original exhibits in all "R" case hearings. These transcripts and exhibits will be delivered to the appropriate Regional, Subregional, or Resident Office.

The Contractor will furnish to the Agency the original transcript and original exhibits in all 10(k) hearings. These transcripts and exhibit will be delivered to the Agency’s Case Records Unit in Headquarters.

The Contractor will simultaneously with the mailing of the original complete transcript and copy, submit a complete transcript (including scanned exhibits) to the appropriate Regional, Subregional, Resident Office, or Agency’s Case Records Unit via the Agency’s E-filing portal.

(e) Contempt, EEOC, Bankruptcy and other Federal Court Proceedings

In Federal and Bankruptcy Court proceedings, the Contractor must furnish the necessary personnel, materials and services to fully comply with the procedures and requirements specified by applicable court rules and court orders.

1. Hearings and Trials

Unless otherwise directed by the Special Master or other presiding official, the Contractor must furnish the original transcript and exhibits to the Special Master or other presiding official and must furnish the Agency lawyer with the electronic version of the transcript and exhibits by email or via the Agency’s E-filing portal as directed by the Agency lawyer.

(f) Depositions and Bankruptcy Examinations

1. Unless the court orders otherwise, the Contractor must ensure that the original transcript and exhibits are sealed in an envelope or package bearing the title of the action and marked “Deposition (or Bankruptcy Examination) of [witness’s name]” and delivered to the responsible Agency lawyer.

2. The Contractor must also furnish the Agency lawyer conducting the deposition or examination with the electronic version of the transcript and exhibits by email or through the Agency’s E-filing portal as directed by the Agency lawyer.

3. The Contractor must also immediately email the Agency lawyer conducting the deposition or examination with the electronic version of deponent’s (or examinee’s) signed statement listing the changes, and the reasons for making them, to the transcript.

(g) Administrative Hearings

For all other administrative hearings, conferences and meetings not covered above, the Contractor will furnish to the Agency the original transcript and exhibits by mailing, and at the same time, submitting a complete transcript (including scanned exhibits) to the appropriate Agency representative via the Agency’s E-filing portal.

(h) Arbitration Hearings

The Contractor will furnish to the Agency the original transcript, exhibits and transcript report in all arbitration hearings. The original must be mailed, and at the same time, submitted electronically to the arbitrator. The Contractor will also email the transcript and exhibits to Special Counsel and Counsel for the Union. The Contractor is advised that there are no sales of transcripts in this type of hearing.

(i) Equal Employment Opportunity Complaint Hearings (EEOC)

The Contractor will furnish an original transcript and, if directed by the presiding EEOC Administrative Judge, the official hearing copy of the exhibits, to the presiding Administrative Judge, as well as provide copies thereof to each party, including the Agency representative. The Contractor will mail or email such copies either directly to the parties or to the presiding Administrative Judge, pursuant to instructions of the presiding Administrative Judge.

The Agency representative will advise the contractor regarding Agency preferences as to the delivery of the Agency’s electronic copies of the transcript and/or exhibits through e-mail or E-filing portal.

(j) Conferences and Meetings

When services are ordered at the option of the Board, the Contractor will furnish to the Board an original transcript, exhibits (if any) and transcript reports of all conferences and meetings.

At the same time, the Contractor will email the transcript and exhibits, if any, to the Board representative involved in the proceeding.

16. DELIVERY TIME - HEARINGS

All deliveries, electronic or otherwise, must be received by the close of business established by the Agency office involved in the proceeding.

Whenever a hearing or proceeding continues for more than one (1) day, and it is not continued for more than five (5) calendar days, the date of delivery of the transcript for the last day of the hearing or other proceeding determines the time of delivery of the entire transcript.

Whenever a hearing or other proceeding is continued for a period of more than five (5) calendar days, that portion of the transcript of hearing or other proceeding held prior to such continuance must be considered a complete hearing for the purpose of computing time for delivery of the transcript, rates per page, attendance fees, or liquidated damages.

If the reporter is directed by the Agency representative or the presiding official to retain the exhibits until the hearing or other proceeding reconvenes, the reporter must obtain a receipt from the presiding official and attach the receipt to the transcript report accompanying the transcript delivered to the Agency office involved in the proceeding.

Delivery, in both paper and electronic forms, shall be “ordinary copy”, “expedited copy”, “prompt copy” or “daily copy”, as requested by the responsible Agency official.

(a) Ordinary Copy:

Ordinary copy must be delivered and received in electronic and paper forms within 10 calendar days after close of the hearing or other proceeding. The period of 10 calendar days begins on the first day following the date of closing of the hearing or other proceeding. The tenth day of the period will be counted unless it is an Agency non-work day in which event the tenth day is the next Agency work day. Ordinary copy must be furnished to the Agency representative on all proceedings covered by this contract except as provided in (b), (c), and (d) below.

(b) Expedited Copy:

Expedited copy must be delivered within five (5) calendar days after close of the hearing or other proceeding. The fifth day of the period will be counted unless it is an Agency non-work day, in which event the fifth day is the next Agency work day.

Where an expedited copy is ordered by an Agency representative, it must be delivered as set forth above. Where the Contractor fails to do so, it will bill and be paid at the ordinary copy rates.

In the event a party to the proceedings, or a member of the public, orders an expedited copy of the transcript, the Contractor must deliver an expedited copy to the Agency representative at the same time it is delivered to the requesting party or member of the public. In this circumstance, the Agency will be charged the copy rates consistent with the copy type of transcript originally requested by the Agency representative.

(c) Prompt Copy

Prompt copy must be delivered within three (3) calendar days after close of the hearing or other proceeding, except in the event a hearing or other proceeding is held beyond 6:00 p.m. The period of three (3) calendar days begins on the first day following the date closing the hearing or other proceeding. The third day of the period will be counted unless it is an Agency non-work day, in which event the third day is the next Agency work day. When a hearing or proceeding closes on Friday, delivery of transcript on the second Agency work day of the following week will be considered prompt copy delivery; and when a hearing closes on Saturday, delivery of transcript on the third Agency work day of the following week will be considered prompt copy delivery.

Transcripts in all R cases and 10(k) hearings shall be treated as prompt copy.

If the required prompt copy is not delivered within the time specified, the Contractor will bill and be paid at the copy rate applicable to service rendered.

In the event a party to the proceedings, or a member of the public, orders a prompt Copy of the transcript, the Contractor must deliver a copy to the Agency at the same time it is delivered to the requesting party or member of the public. The Agency will not be charged at the prompt copy rate unless the Agency representative specifically requested the prompt copy. The costs to the Agency will be consistent with the type of transcript originally requested by the Agency.

(d) Daily Copy:

Daily copy requires that the original transcript of each day’s proceeding be delivered to the ALJ, Hearing Officer, or presiding official not later than 9:00 a.m. the following Agency work day, and a copy must be delivered at the same time to counsel for the Agency. At the same time, an electronic copy of the transcript and the transcript report must be provided to the appropriate Agency office, except in such instances as the CO may direct delivery to be made otherwise. Within 24 hours after the close of the hearing or other proceeding, all exhibits must be forwarded to the appropriate Agency office.

If authorized daily copy is not delivered within the time specified, the Contractor will bill and be paid at the copy rate applicable to service rendered.

In the event a party to the proceedings, or a member of the public, orders a daily copy, the Contractor must deliver a copy of the transcript to the Agency representative at the same time it is delivered to the requesting party or member of the public. The Agency will not be charged at the daily copy rate unless the Agency representative requested a daily copy. The costs to the Agency will be consistent with the type of transcript originally requested by the Agency.

17. DELIVERY TIME—DEPOSITIONS

Delivery of complete transcripts of depositions must be received by the Agency lawyer who took the deposition by close of business on the 10th calendar day (ordinary copy), 3rd calendar day (prompt copy), or 9 a.m. the next Agency work day (daily copy), as requested by the Agency lawyer, following the close of the deposition. The Contractor’s unexcused (as determined solely by the Agency) failure to comply with this delivery schedule will result in a reduction of the amount otherwise owed by the Agency under this contract.

Liquidated damages will be charged at the rate of $100 per business day that delivery is delayed beyond the requested copy delivery up to a total of one-hundred percent (100%) of the ordinary copy transcript price and attendance fee, if applicable. The Contractor shall deduct all such charges from bills submitted for payments. If such charges are not deducted from these bills, the Agency will request a revised invoice deducting all such charges.

18. FAILURE OF CONTRACTOR TO APPEAR AND LATE ARRIVALS - HEARINGS

(a) If the Contractor does not appear at the scheduled time and place, the CO's representative may call in a substitute and the Contractor must reimburse the Agency for expenses over and above the cost which would have been incurred if the Contractor had performed the same work. In addition, the Contractor must reimburse the Agency for additional travel and per diem expenses incurred as a result of the Contractor not appearing as scheduled. The Contractor shall deduct all such charges from bills submitted for payments. If such charges are not deducted from these bills, the Agency will request a revised invoice deducing all such charges.

(b) In the event the reporter arrives at any trial, hearing, oral argument, or conference, late, the Agency may assess liquidated damages at the rate of $100.00 per hour or portion thereof that the reporter is late for any R case hearing, or $150.00 per hour or portion thereof that the reporter is late for any C case hearing or any other proceedings. The presiding official or Agency representative conducting the hearing will notify the reporter at the time of occurrence if penalty is being assessed and the amount of time. In such cases the presiding official will complete a Form NLRB- 5353 Proceeding and Transcript Deficiencies Report (see Section J, Attachment E).

One (1) copy of the form must be delivered with the transcript, as specified in paragraph 1 of this Section and the original signed copy must be attached with the invoice.

19. LATE ARRIVAL OR FAILURE OF CONTRACTOR TO APPEAR—DEPOSITIONS

If the Contractor does not appear at the scheduled time and place, an Agency representative will make arrangements for a substitute and the Contractor must reimburse the Agency for its costs less the cost which would have been incurred if the Contractor had performed the work. In addition, the Contractor must reimburse the Agency for additional travel and per diem costs incurred as a result of the Contractor not appearing as scheduled. The Agency may deduct such costs from any other sums due or that may become due to the Contractor.

20. DELINQUENT TRANSCRIPT - HEARINGS

(a) When a transcript is designated ORDINARY, EXPEDITED, PROMPT, or DAILY, such a designation indicates that the Agency requires delivery of the transcript within the time prescribed in this contract for the kind of delivery ordered. When transcripts are designated as EXPEDITED, PROMPT, or DAILY, but not delivered within the established time frames, the Agency’s payment to the Contractor will be based upon rates applicable to the time of actual delivery. If the Contractor, fails to deliver the transcript to the Agency as requested the Contractor will pay liquidated damages of $100 per work day. The Contractor shall deduct all such charges from invoices submitted for payments.

(b) The Contracting Officer may relieve, in whole or in part, any claim for remission of liquidated damages resulting from extraordinary circumstances or from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes includes (1) acts of God or the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantines or restrictions, (7) strikes, (8) freight embargoes, (9) unusually severe weather, and (10) other extraordinary circumstances. Any claim by the Contractor for remission of liquidated damages charged must be presented, in writing, within 30 days after receipt of notice by the Contractor of the charge and must include sufficient data to support the claim.

(c) Nothing in this section must be construed to abrogate the performance requirements of this agreement or to permit the Contractor or its representative to fail to perform or to delay in performing any duties or responsibilities under this agreement. Failure of the Contractor to appear at a proceeding, late arrival to a proceeding, or failure to deliver ORDINARY, EXPEDITED, PROMPT, or DAILY copy in accordance with the specified period of time for the kind of delivery ordered is a default, and subjects the reporter to the default provisions of this agreement and FAR clause 52.249-8, entitled "DEFAULT", Section I.

21. PAYMENTS

(a) Payments for actual work and services rendered under this contract will be made on a monthly basis.

(b) If the services are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph (a) above will apply to the new delivery of replacement services.

22. CLAIM(S) AGAINST DISALLOWED CHARGE(S)

Any claim by the Contractor for correction(s) of amount(s) disallowed must be presented, in writing, within 30 days after the receipt of notice by the Contractor of the disallowed charge(s).

23. CONFIDENTIALITY

The Contractor must hold in the strictest confidence any and all information of an official character, which may be acquired in the performance of this contract. Also, the Contractor, its agents or employees must not during the contract term with the Agency, hold any position or official relationship with or own any bonds of or have any pecuniary interest in any participants of any proceeding.

24. OFFEROR’S QUALIFICATIONS

(a) Offerors must be regularly engaged in the reporting business and have adequate personnel, including employees or affiliates who are experienced court reporters and notaries and have facilities, including proper equipment, to assure satisfactory completion of the terms and conditions of this contract. The service contemplated by this solicitation is of such nature that delays, errors, and other forms of unsatisfactory performance would jeopardize the interests of the parties.

(b) An inspection of the Offeror’s facilities, equipment, etc., may be made by Agency representatives for the purpose of determining whether the Offeror possesses qualifications that are conducive to the production of work that will meet the requirements, specifications, and provisions of this solicitation.

25. SUBCONTRACTS

(a) Definition:

1. Subcontractor means a person or business which has a contract with a contractor to provide some portion of the work or services on a project which the contractor has agreed to perform.

2. Subcontract as used in this contract means any agreement entered into by a subcontractor to furnish supplies or services for performance of a prime contract or subcontract.

(b) Subcontractors named and described in the Contractor’s successful proposal are considered authorized to perform work under this contract without further written consent from the Contracting Officer, unless such consent is revoked by the Contracting Officer.

(c) If the prime contractor intends to change or add additional subcontractors, the prime…