Statement_of_Work_Court_Rpt_Svc.pdf

STATEMENT OF WORK

Solicitation No. NLRB6317R0010

NATIONAL LABOR RELATIONS BOARD

COURT REPORTING SERVICES

1. GENERAL

(a) The contractor shall provide court reporting services and audio recording transcription services for the National Labor Relations Board in all of its Regions and Subregions, including those shown below. A contractor can propose on all or specific Regions or Subregions.

Region 1, Boston Subregion 34, Hartford Region 2, New York Region 3, Buffalo Region 4, Philadelphia Region 5, Baltimore Region 6, Pittsburgh Region 7, Detroit Region 8, Cleveland Region 9, Cincinnati Region 10, Atlanta Subregion 11, Winston-Salem Region 12, Tampa Subregion 24, Hato Rey, Puerto Rico Region 13, Chicago Region 14, St. Louis Subregion 17, Kansas City Region 15, New Orleans Subregion 26, Memphis Region 16, Fort Worth Region 18, Minneapolis Subregion 30, Milwaukee Region 19, Seattle Subregion 36, Portland Region 20, San Francisco Subregion 37, Honolulu Region 21, Los Angeles Region 22, Newark Region 25, Indianapolis Subregion 33 Peoria Region 27, Denver Region 28, Phoenix Region 29, New York (Brooklyn)

Region 31, Los Angeles Region 32, Oakland

(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, 2017 – September 30, 2018 Option Year 1 October 1, 2018 – September 30, 2019 Option Year 2 October 1, 2019 – September 30, 2020 Option Year 3 October 1, 2020 – September 30, 2021 Option Year 4 October 1, 2021 – September 30, 2022

(c) The contract will be a Firm Fixed Unit Price Contract with 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 42, Attachment I, Wage Determinations.

2. TRAVEL

The contractor is expected to travel within the 48 contiguous states, Alaska, Hawaii, Marianas/Guam/American Samoa, Puerto Rico and Virgin Islands. Travel costs should be included in price.

3. SCOPE OF CONTRACT(S)

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

This Statement of Work covers requirements for the court reporting and related services, and audio recording transcription services, of:

(a) Agency case hearings and pretrial conferences held in all of the NLRB’s Regions and Subregions, including those shown below, before duly designated administrative law judge, presiding officials, or Agency representatives;

Region 1, Boston Subregion 34, Hartford Region 2, New York Region 3, Buffalo

Region 4, Philadelphia Region 5, Baltimore Region 6, Pittsburgh Region 7, Detroit Region 8, Cleveland Region 9, Cincinnati Region 10, Atlanta Subregion 11, Winston-Salem Region 12, Tampa Subregion 24, Hato Rey, Puerto Rico Region 13, Chicago Region 14, St. Louis Subregion 17, Kansas City Region 15, New Orleans Subregion 26, Memphis Region 16, Fort Worth Region 18, Minneapolis Subregion 30, Milwaukee Region 19, Seattle Subregion 36, Portland Region 20, San Francisco Subregion 37, Honolulu Region 21, Los Angeles Region 22, Newark Region 25, Indianapolis Subregion 33 Peoria Region 27, Denver Region 28, Phoenix Region 29, New York (Brooklyn) Region 31, Los Angeles Region 32, Oakland

(b) All oral arguments and rule making hearings held before the Board in Washington, DC;

(c) In any case within the geographic area covered by the NLRB’s Regions and Subregions where the Agency is required to provide for recording and transcribing in full or in part;

(d) All depositions and Bankruptcy Rule 2004 Examinations taken by Agency attorneys within the geographic area covered by the NLRB’s Regions and Subregions ; 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), intra-Agency arbitrations or other proceedings involving Agency Special Counsel, EEOC proceedings, or administrative hearings held at any designated location within the geographic area covered by the NLRB’s Regions and Subregions.

(f) All audio recording transcription requested by the Agency.

4. 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 electronic transcript, hard copies of original exhibits, Contractor-scanned electronic copies of exhibits, Party-scanned electronic copies of exhibits, Form NLRB-5353 Proceeding and Transcript Deficiency Reports (Section 42, Attachment E), and Form NLRB-5383 Transcript Reports (Section 42, Attachment D), as specified in Section 19.

(e) "Ordinary copy" means the Complete Transcript of a hearing, deposition or any other proceeding, which is delivered within ten (10) calendar days after the close of the hearing, deposition or other proceeding (except for the hard copies of original exhibits which are delivered within thirteen (13) calendar days).

(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 (except for the hard copies of original exhibits which are delivered within eight (8) calendar days).

(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 (except for the hard copies of original exhibits which are delivered within six (6) calendar days).

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

(i) "Paper copy" means an additional paper copy of a transcript of an administrative hearing or any other proceeding.

(j) “Contractor scanned electronic copy” means electronic copies of exhibits that are scanned or otherwise converted into electronic form by the Contractor.

(k) “Electronic submission digitally marked by Contractor” means electronic copies of exhibits that are not scanned or otherwise converted into an electronic form by the Contractor, but instead are submitted to the Contractor in electronic form (such as digital media), with the approval of presiding official or Agency representative, and digitally marked by the Contractor for inclusion in the electronic folder of exhibits.

(l) "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 or investigatory subpoena proceeding; bankruptcy meeting of creditors; arbitration hearing.

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

(n) “Reporting requirement” means hearings and depositions covered under paragraph C.1 of this Statement of Work.

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

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

(q) Audio Recording Transcriptions: “Ordinary delivery transcription” means delivery of the electronic copy of the audio recording transcription within ten (10) calendar days of delivery to the Contractor of the audio recording. “Prompt delivery transcription” means delivery within three (3) calendar days of delivery to the Contractor of the audio recording.

5. 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 Section 3 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.

6. SPECIFICATIONS GENERAL

(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. For depositions, 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, unless the jurisdiction only permits attorneys to administer oaths.

(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.

7. ACCURACY OF TRANSCRIPT

(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, Subregional, 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 electronic 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.

8. SPECIFICATIONS - PREPARATION OF TRANSCRIPTS

(a) All transcripts must be computer generated using industry-recognized transcription software (e.g., Computer Aided Transcription (CAT) software).

1. The electronic copy of the transcript submitted through the Agency’s E-filing portal or via email, as requested by the Agency, must be in an industry-recognized format which is compatible with Agency litigation support software (see Section 10, paragraph (a)).

2. 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 less than 25 lines in length. 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.

3. 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 42, Attachment C)

4. See Section 42 of the contract: Attachment C for an example of required formatting of transcripts for hearings.

5. 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.

6. 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 42, 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 42, 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 42, Attachment C)

(g) Where a paper copy of the transcript is requested, the transcript furnished 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 42, Exhibit C)

(h) Cover pages for transcript volumes, where multiple, must be numbered. (See Section 42, Exhibit C).

9. SPECIFICATIONS - 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, and black font color for digitally-marked copies of electronically submitted 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) Duplicate exhibits or sets of exhibits will not be maintained by the reporter unless directed by the presiding official. If so directed, then 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.

(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 that the exhibit files are complete.

NOTE: the same material used to bind the paper copy of a transcript must also be used to bind the exhibit file(s) (see Section 8 SPECIFICATIONS - PREPARATION OF TRANSCRIPTS, paragraph (g)). 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.

(i) With the approval of the presiding official or Agency representative, exhibits may be submitted to the reporter or Contractor in electronic form, including scanned copies of original exhibits, for inclusion in the electronic folder of exhibits. Electronic copies of exhibits submitted to the reporter or Contractor will be digitally marked by the Contractor in the same manner and with the same information as the hard copies of original exhibits are marked (see Section 9(c)). A secure Contractor-provided hosting platform for the submission and custody of electronic copies of exhibits that is accessible to the parties and presiding official is preferred but not required.

10. SPECIFICATIONS - ELECTRONIC COPY OF TRANSCRIPT AND EXHIBITS

(a) The Contractor must create the transcript specified by the contract using industry recognized transcription software (e.g., Computer Aided Transcription (CAT)) software and the transcript must be submitted through the E-filing portal, or via email as directed by the Agency representative. The Contractor’s transcription software must be compatible with any resulting changes in the Agency’s file format requirements, and must be capable of producing an electronic transcript in an industry-recognized format that is compatible with Agency litigation support software. Scanned exhibits must be submitted to the Agency in a searchable machine-readable format.

(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 a requested paper copy of 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 searchable machine-readable format, 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.

11. SALE OF COPY OF HEARING TRANSCRIPT TO PARTIES AND PUBLIC

(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 Contracting Officer (CO), to order additional copies from the Contractor at the price preset by the Agency.

(b) Contractors are required to sell copies of C-case and R-case hearing transcripts to the public, unless limited by this contract or by a protective order, an order placing testimony or exhibits under seal, or other instructions from a presiding official or Agency representative that limits the release of transcripts or exhibits to the public.

Copies of hearing transcripts must be sold at a price that does not exceed the contract price to the Agency for paper 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 19. 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 or proceedings described in Section 3, paragraphs (d) and (e), or pretrial conferences referenced in Section 3, paragraph (a), unless directed to do so by the CO, and the Contractor is responsible for specifically so instructing each subcontractor and reporter assigned to handle such a matter.

12. RETENTION OF NOTES AND RECORDINGS

The Contractor agrees that all recordings, reporter 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.

13. SPECIFICATIONS- 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, unless the jurisdiction only permits attorneys to administer oaths.

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.

14. PACKAGING AND MARKINGS

Deliverables shall conform to normal industry packaging standards when preserving, packaging, and marking all deliverables to assure safe and secure delivery at the destination.

15. DELIVERIES OR PERFORMANCE

Since performance and delivery under this contract are such important factors, the NLRB may suffer damages if the Contractor fails to timely complete the agreed upon services.

16. 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, 2017 – September 30, 2018 Option Year 1: October 1, 2018 – September 30, 2019 Option Year 2: October 1, 2019 – September 30, 2020 Option Year 3: October 1, 2020 – September 30, 2021 Option Year 4: October 1, 2021 – September 30, 2022

17. PLACE OF PERFORMANCE

The place of performance will be determined at the time work orders are issued.

18. PERFORMANCE STANDARDS

Evaluation of the Contractor’s overall performance will be conducted jointly by the Contracting Officer Representatives (CORs) and the Contracting Officer in accordance with the performance standards set forth in this Statement of Work, and shall form the basis of the Contractor’s permanent performance record.

19. DELIVERY REQUIREMENTS

The Contractor will furnish to the Agency the required copies of electronic transcripts and exhibits, hard copies of original 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. Electronic copies of a particular proceeding’s transcripts or exhibits that are submitted to multiple Agency or U.S. Government offices, representatives or presiding officials (e.g., Division of Judges, Regional office, Board’s Executive Secretary, Agency Case Records Unit, Bankruptcy Special Master, Agency lawyer, Arbitrator, Special Counsel, EEOC Administrative Law Judge) shall constitute a single electronic copy of the transcript or exhibits for billing purposes.

(a) “C” Case Hearings

1. The Contractor will furnish to the Agency in all “C-case” hearings an electronic copy of the transcript and exhibits, and hard copies of the original exhibits. The electronic copy of transcript and exhibits must be furnished 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.

The hard copies of the original exhibits will be shipped to the Division of Judges, Washington, DC, San Francisco, California, or New York City, New York depending on the official duty station of the ALJ, so that they are delivered within three (3) days of the E–filing of the transcripts and exhibits. The presiding official or Agency representative will determine how exhibits that cannot be duplicated or scanned are to be shared with all parties.

2. The envelopes transmitting the hard copies of original exhibits to the Division of

Judges must be clearly marked that exhibits for a given case is enclosed. (For example: EXHIBITS XX-CA-xxxxxx).

(b) Oral Arguments and Rule Making Hearings

The Contractor will furnish to the Board the transcripts and exhibits as requested by the Board of all oral arguments and rule making hearings. The Contractor will 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 submit the electronic transcript of conference notes and electronic exhibits in all pretrial conferences 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 electronic transcript and exhibits and hard copies of original exhibits in all "R" case hearings. The hard copies of original exhibits will be shipped to the appropriate Regional, Subregional, or Resident Office so that they are delivered within three (3) days of the E–filing of the transcripts and exhibits.

The Contractor will furnish to the Agency the electronic transcript exhibits and hard copies of original exhibit in all 10(k) hearings. The hard copies of original exhibits will be shipped to the Agency’s Case Records Unit in Headquarters so that they are delivered within three (3) days of the E–filing of the transcripts and exhibits.

The Contractor will submit the electronic transcript and exhibits to the appropriate Regional, Subregional, Resident Office, or Agency’s Case Records Unit via the Agency’s E-filing portal, or via email as directed by the Agency representative.

(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 hard copies of the original exhibits to the Special Master or other presiding official and must furnish the Special Master or other presiding official and 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 hard copies of the original 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 hard copies of original exhibits by mailing, and at the same time, submitting the electronic transcript and exhibits to the appropriate Agency representative via the Agency’s E-filing portal, or via email as directed by the Agency representative.

(h) Arbitration Hearings

The Contractor will furnish to the Agency the electronic transcript, exhibits and transcript report in all arbitration hearings. The hard copies of the original exhibits must be mailed, and at the same time, the transcript and exhibits must be submitted electronically to the arbitrator. At the same time the Contractor must 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 electronic 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.

(k) Audio Recording Transcriptions

The Contractor will submit an electronic copy of the audio recording transcription to the Regional or Subregional office that placed the order for the service via the Agency’s E-filing portal, or via email as directed by the Agency representative.

Delivery of transcriptions will be either Ordinary Delivery (within ten (10) calendar days of delivery to the Contractor of the audio recording) or Prompt Delivery (within three (3) calendar days of delivery to the Contractor of the audio recording), as requested by the Agency.

20. 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 lasts 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 shall be “ordinary copy”, “expedited copy”, “prompt copy” or “daily copy”, as requested by the responsible Agency official.

(a) Ordinary Copy:

Ordinary copy (including transcript and exhibits) must be delivered and received in electronic form within ten (10) calendar days after close of the hearing or other proceeding (and hard copies of original exhibits which must be delivered within thirteen (13) calendar days). 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 (including transcript and exhibits) must be delivered and received in electronic form within five (5) calendar days after close of the hearing or other proceeding (and hard copies of original exhibits must be delivered within eight (8) calendar days). 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 (including transcript and exhibits) must be delivered and received in electronic form within three (3) calendar days after close of the hearing or other proceeding (and hard copies of original exhibits must be delivered within six (6) calendar days), except in the event the final day of the 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. When the final day of the hearing or other proceeding is held beyond 6:00 p.m., the hearing will be considered to have closed on the following day.

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 electronic copy of the 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, electronic copies of all exhibits must be submitted and all hard copies of original 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.

21. 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 (except that hard copies of original exhibits must be delivered within three (3) days after the due date for the other portions of the Complete Transcript). 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.

22. 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…