RFQ_BPA.docx

REQUEST FOR QUOTATION

GRAND JURY

COURT EPORTING SERVICES

RFQ-EOA87-10-0041

USAO Northern District of West Virginia

For

West Virginia

PROCUREMENT SENSITIVE

Elge Stevens Contract Specialist EOUSA Acquisition Staff Executive Office for United States Attorneys 600 E. Street NW, Suite 5200 Washington, D.C. 20530

TABLE OF CONTENTS

SECTION A BLANKET PURCHASE AGREEMENT

A.1 Blanket Purchase Agreements

SECTION B SCHEDULE OF COMMERCIAL SERVICES AND PRICES

B.1 Schedule of Prices

B.2 Scope of Work

B.3 Specifications Incorporated by Reference

B.4 Requirement

SECTION C CONTRACT CLAUSES – Full Text

C.1 52.212-4 Contract Terms and Conditions-Commercial Items

C.2 Addendum Contract Clauses

SECTION D ATTACHMENTS

D.1 Contractor Residency Requirement Information

D.2 Department of Labor Wage Rates

SECTION E SOLICITATION PROVISIONS

E.1 Instructions to Offerors-Commercial Items

E.2 Evaluation-Commercial Items

E.3 52.212-3, Offeror Representations and Certifications-Commercial Items. -- Full Text

SECTION A – BLANKET PURCHASE AGREEMENT

The United States Attorney’s Office in the Northern District of West Virginia has a requirement for a Contractor to provide all labor, material and equipment except as provided herein, to record and transcribe grand jury and deposition testimony, in accordance with the terms and conditions set forth in the attached statement of work.

A.1. Blanket Purchase Agreement

1.1 Extent of Obligation.

The Government is obligated under this BPA only to the extent of call(s) placed by authorized individuals against this agreement. The Contractor is cautioned that acceptance of calls from personnel other than those authorized herein, acting within the scope of their delegated authority, may jeopardize payment.

1.2 Individuals Authorized to Place Calls/Orders and Dollar Limitations

When placing calls, all individuals authorized to place calls must have an obligating document established. The individuals authorized to place calls/orders under this Agreement, and the limits of their purchase authority, are shown below:

UP TO $3,000 AUTHORITY

TBD

UP TO $25,000 AUTHORITY

TBD

1.3 The Department of Labor wage rates, which are attached, are applicable under this procurement over the term of the BPA.

1.4 Multiple awards may result from this solicitation of grand jury and deposition services.

SECTION B - SCHEDULE COMMERCIAL SERVICES AND PRICES

B.1 Pricing

SCHEDULE OF COMMERCIAL SERVICES AND PRICES

The proposed Blanket Purchase Agreement (BPA) is presumed to be in effect for a sixty (60) month period from the date of issuance by the Government.

Period of Performance: Year 1 – TBD

ORIGINAL COPY OF GRAND JURY TRANSCIPT

ORIGINAL AND ONE COPY OF DEPOSITION TRANSCIPT

ADDITIONAL COPIES OF GRAND JURY TRANSCRIPT AND DEPOSITIONS

ATTENDANCE FEE

CANCELLATION

TOTAL YEAR 1 $____________

Period of Performance: Year 2 – TBD

ORIGINAL COPY OF GRAND JURY TRANSCIPT

ORIGINAL AND ONE COPY OF DEPOSITION TRANSCIPT

ADDITIONAL COPIES OF GRAND JURY TRANSCRIPT AND DEPOSITIONS

ATTENDANCE FEE

CANCELLATION

TOTAL YEAR 2 $_____________

Period of Performance: Year 3 – TBD

ORIGINAL COPY OF GRAND JURY TRANSCIPT

ORIGINAL AND ONE COPY OF DEPOSITION TRANSCIPT

ADDITIONAL COPIES OF GRAND JURY TRANSCRIPT AND DEPOSITIONS

ATTENDANCE FEE

CANCELLATION

TOTAL YEAR 3 $____________

Period of Performance: Year 4 – TBD

ORIGINAL COPY OF GRAND JURY TRANSCIPT

ORIGINAL AND ONE COPY OF DEPOSITION TRANSCIPT

ADDITIONAL COPIES OF GRAND JURY TRANSCRIPT AND DEPOSITIONS

ATTENDANCE FEE

CANCELLATION

TOTAL YEAR 4 $____________

Period of Performance: Year 5 – TBD

ORIGINAL COPY OF GRAND JURY TRANSCIPT

ORIGINAL AND ONE COPY OF DEPOSITION TRANSCIPT

ADDITIONAL COPIES OF GRAND JURY TRANSCRIPT AND DEPOSITIONS

ATTENDANCE FEE

CANCELLATION

TOTAL YEAR 5 $____________

TOTAL FOR ALL 5 YEARS $ ___________________

B.2 Scope

The United States Attorney's Office in the Northern District of West Virginia has a requirement for Grand Jury and Deposition Court Reporting Services. The Contractor shall provide all plant, labor, material and equipment except as otherwise provided herein to record and transcribe Grand Jury and Deposition testimony in accordance with the terms and conditions set forth herein. U.S. Attorney's Office will be referred to as "USAO" and the provider of recording services will be referred to as "Contractor". For planning purposes, the following general information is provided:

· Historically, the average number of Grand Jury proceedings per year for the USAO has been 24.

· The average number of depositions per year has been 25.

· Historically, the average maximum number of simultaneous proceedings in any one-day for the USAO has been 1.

2.1 Place of Performance

The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are:

· The location(s) where recordings may be required is (are) as follows:

In rare instances, recording and transcription may be required at other locations within 50 miles of Wheeling, West Virginia.

B.3 Specifications Incorporated by Reference

The following documents of the exact issue shown, form a part of this specification to the extent specified herein and is incorporated herein by reference. In the event of conflict between the documents referenced below and the contents of the specification, the contents of this specification shall be considered to be a superseding requirement.

3.1 DOJ Order 2640.2C entitled "Telecommunications and Automated Information Systems Security", dated June 25, 1993.

3.2 DOJ Residency Requirements, effective December 10, 2002.

B.4 Requirement

4.1 Recording and transcription services shall be provided on an "as ordered" basis for:

4.1.1 Grand Jury Testimony and proceedings;

4.1.2 Taking depositions either under oath or informally;

4.1.3 Providing additional copies of testimony and depositions;

4.1.4 Providing special option material such as computer diskette transcripts, compressed transcripts, and all-word indexing.

4.2 Deliverable Items

The following items shall be delivered on an "as ordered" basis throughout the performance period of this Blanket Purchase Agreement.

4.2.1 Grand Jury:

Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the time frames set forth below. All Grand Jury proceedings must conform to Volume VI (Court Reporter's Manual) of the Judiciary Policies and Procedures Guidelines. All Grand Jury transcripts will contain, at a minimum, a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government, number of grand jurors present and the name of the reporter (See 4.4 also).

(a) Ordinary Transcript: Delivered within 15 calendar days after receipt of order.

(b) Expedited Transcript: Delivered within 24 hours after receipt of order.

(c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court.

(d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours.

4.2.1.1 Additional Copies of Transcript:

Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.1, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification.

4.2.1.2 Compressed Page and All-Word Indexing

Compressed page and all-word indexing options shall be made available and delivered by the Contractor when specified in the Call [order] Number.

4.2.1.3 Computer Diskettes

A CDR containing the transcript shall be produced in an ASCII, Word or WordPerfect format upon the specific request of the USAO. The CDR shall be provided in addition to, not in lieu of, a typed transcript.

4.2.1.4 Scheduling Court Reporter for Attendance at Grand Jury:

(a) The USAO shall notify the Contractor of the requirements for attendance at Grand Jury at least five workdays before the scheduled session. At time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the necessary work. The Contractor is to perform no work unless first provided a Call [order], with the specified Call Number.

(b) The Contractor shall reply verbally and/or in writing stating the name of the reporter who is to be in attendance upon receipt of the Call [order], with the specified Call Number authorizing the work to be done. In the event the Contractor notifies the USAO that the Call [order] cannot be met, the USAO may obtain court reporter services from a source other than the Contractor, without penalty. Any change to the reporter scheduled to take the minutes will be communicated to the USAO before commencement of the Grand Jury session. Only reporters who possess a current Grand Jury clearance may be authorized to attend or report Grand Jury proceedings or have access to Grand Jury material.

(c) Cancellation Fee – In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated.

4.2.1.5 Ordering Grand Jury Transcripts:

(a) When the USAO requires all or a portion of a Grand Jury testimony of a witness, a Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy.

(b) Each Grand Jury witness' testimony shall be contained in a separate transcript.

(c) All Grand Jury transcripts shall be accompanied by the appropriate Call [order], with the specified Call Number

(d) When Grand Jury transcripts are not ordered, only appearance fees may be charged by the Contractor.

4.2.1.6 Delivery of Grand Jury Transcripts:

All Grand Jury transcripts shall be hand delivered or mailed to the United States Attorney's Office in a sealed envelope addressed to the attorney(s) who requested the transcript.

GRAND JURY TRANSCRIPTS SHALL BE MAILED CERTIFIED WITH RETURN RECEIPT TO:

4.2.1.7 Grand Jury Attendance Fees:

The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled Grand Jury session. The minimum Grand Jury attendance fee payable for any Grand Jury session shall be four (4) hours. In the event a Grand Jury session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight (8) hours advance notice was not given by the USAO to the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.1.4(c), above.)

4.2.1.8 Delivery of Transcripts:

Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number.

4.2.1.9 Processing Witness Certificates:

If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript.

4.2.2 Depositions:

An original and one (1) copy of the deposition shall be delivered within the time frames set forth below. In rare instances, sooner delivery may be necessary.

(a) Ordinary Transcript: Delivered within 15 calendar days after receipt of order.

(b) Expedited Transcript: Delivered within 24 hours after receipt of order.

(c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court.

(d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours.

4.2.2.1 Additional Copies of Transcript:

Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.2, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. Opposing counsel may request copies of transcripts, which are to be delivered and billed to opposing counsel at the rates specified in this contract.

4.2.2.2 Compressed Page and All-Word Indexing

Compressed page and all-word indexing options shall be made available by the Contractor when specified in the Call [order], with the specified Call Number.

4.2.2.3 Video Taped Depositions

Video taped depositions shall be provided when requested on the Call [order], with the specified Call Number. The assigned Call [order], with the specified Call Number shall specify whether the video taped deposition is in lieu of or in addition to the typed transcript.

4.2.2.4 Computer Diskettes

3½-inch, diskettes of transcripts, as specified in the Call [order], with the specified Call Number, formatted in WordPerfect 9, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts.

4.2.2.5 Failure to Deliver:

Failure to deliver transcripts within the time frames established above will result in assessment of liquidated damages in accordance with Section C.3 herein.

4.2.2.6 Scheduling Depositions:

(a) USAO shall notify the Contractor of the requirements for attendance at a deposition at least five work days before the scheduled session. At the time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the appearance and necessary work. A Call [order], with the specified Call Number are to set forth the date, place, time, and title of the deposition. The Contractor is to perform no work unless first provided the Call [order], with the specified Call Number.

(b) The Contractor shall reply verbally or in writing stating the name of the reporter scheduled to be in attendance. In the event the Contractor notifies the USAO that the Call [order], with the specified Call Number, cannot be met, the USAO may obtain court reporter services elsewhere without penalty. Any change will be communicated to the USAO prior to the session.

(c) Cancellation Fee – In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for deposition transcripts and the reporter actually appears at the original time and place designated.

4.2.2.7 Ordering Deposition Transcripts:

When the USAO requires the testimony of a deponent, Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy.

(a) Each deponent’s testimony shall be contained in separate transcript.

(b) All transcripts shall be accompanied by the Call [order], with the specified Call Number on the invoice.

4.2.2.8 Deposition Attendance Fees:

The Contractor shall be compensated at an hourly rate for each hour the appointed reporter appears at a scheduled deposition. The rate shall be payable in one-quarter hour increments in excess of flat hours. The minimum attendance fee payable for any deposition shall be one (1) hour. In the event a deposition session is cancelled prior to initiation of reporting duties, a cancellation fee will be paid to the Contractor rather than an attendance fee, provided that eight hours advance notice was not given the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.2.6(c), above.)

4.2.2.9 Delivery of Transcripts:

Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number.

4.2.2.10 Processing Witness Certificates:

If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript.

4.2.2.11 Travel and Per Diem Reimbursements:

For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation.

4.3 Recording Requisites

4.3.1 Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape.

(1) Monitored Multi-microphone Recording Systems. The mandatory requirements follow:

· The Contractor's personnel shall operate and monitor the recording equipment at all times.

· The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating.

· The recording equipment utilized shall provide for the instant playback of testimony.

· The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness.

· The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape.

· The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers.

· The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge.

· The recording monitor shall be able to identify speakers.

· A back-up system shall be available so as not to delay the proceedings.

· The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason.

(2) Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows:

· The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice.

· The equipment shall contain simultaneous playback, listening, and preamplification.

(3) Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen.

(4) Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript.

4.3.2 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting composition of the record, adjournment to other times or places, and matters of such character.

4.3.3 Depositions under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides in pertinent part as follows:

"If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed."

The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness.

The reference cited above is part of Title 28, United States Code, which is available for review in public libraries.

4.3.4 Everything spoken pertaining to the subject matter shall be reported, unless the Presiding Official directs otherwise. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs.

4.3.5 All notes, records, documentary exhibits, and any other material, which are a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise agreed.

4.3.6 Each reporter shall attach his official certification to the original notes or other records so recorded in Grand Jury proceedings as follows:

CERTIFICATE

I certify that these are the original notes and records recorded by me of the testimony taken

And the proceedings held in the case of United States v. ___________ before the Grand Jury

Held in

United States District Court, _____________District of _________ on ___________

Date Official Reporter

4.3.7 The reporter shall attach his official certification to the original notes or other records so recorded in deposition proceedings as follows:

STATE OF _________)

ss

COUNTY OF ______________)

I, a Court Reporter and Notary Public duly qualified in and for the State of __________ do hereby certify there came before me the deponent herein, namely ______________, who was by me duly sworn to testify to the truth and nothing but the truth concerning the matters in this case. I further certify the foregoing transcript is a true and correct transcript of my original stenographic notes. I further certify that I am neither an attorney or counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken; and furthermore, that I am not a relative of employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

IN WITNESS WHERE OF, I have hereunto set my hand and affixed my Notarial Seal this _____ Day of ___________, 200____.

Notary Public for ___________________

CSR#___________________

4.4 Transcript Format

4.4.1 A separate transcript will be provided for each witness/deponent. The title page shall show the name of the witness, Grand Jury date, time of the commencement of the proceeding for that particular witness, docket number, place, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the transcript, and shall be followed by a page of distinctive color indexing exhibits where applicable.

4.4.2 Pagination of transcripts shall be a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc.; and pagination of the transcript of a hearing shall follow consecutively the pagination of the last previous hearing in the same case.

4.4.3 The Contractor shall provide clear and legible copies to the USAO. Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993.

4.4.4 All transcripts shall be prepared with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on paper 8-½ inches x 11 inches in size, with a ruled margin of 1-3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 characters per inch, double spaced, and shall not be less than 25 lines to the page, exclusive of the line containing the witness name; date of testimony; and page number. Whenever testimony is continuous, requiring more than one line, typing shall begin one blank space after the left ruled margin line, words properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at a full-page rate. No payment will be made for an excess of 25 lines per page. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993.

4.4.5 Exhibits admitted in evidence shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, or pursuant to the direction of the Presiding Official. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs.

4.4.6 The original of any transcript furnished shall be authenticated by the Official Reporter by a certificate page in form to be approved by the COTR, substantially as follows:

This is to certify that the attached proceedings before the ___________ in the matter of:

(Docket Number) (Place of Proceedings) (Date of Proceedings) were held as herein appears, and that this is the original transcript thereof.

/s/ Signature typed Official Reporter

Charge for either this certification page or any index page used.

4.5 Availability/Sale of Transcripts

4.5.1 Recording of proceedings will be transcribed by the Contractor only when directed by the Presiding Official or the duly authorized representative of the Department of Justice ordering office. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available or sold to the public without express consent of the Presiding Official.

4.5.2 Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. However, it is contemplated that the Contractor will perform this function when authorized at a price, which does not exceed the price to the Government for "additional copies" set forth in the Schedule of Items/Prices. Strict observance shall be given to all provisions of the contract in regard thereto and shall be between the purchasers and the Contractor, and the Contracting Officer shall exercise no control there over; except in cases or acts by the Contractor contrary to the specifications or terms of this contractual agreement.

4.6 Retention of Recorded Materials - (Applicable only to materials recorded but not immediately transcribed). The Contractor shall surrender notes and recorded materials to the United States Attorney’s Office for retention.

4.7 Security Requirements

4.7.1 Personnel Security

4.7.1.1 The USAO will process background security investigations for grand jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to grand jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to grand jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for grand jury court reporters shall be cause for termination of this contract.

4.7.1.2 The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on grand jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs.

4.7.1.3 Should grand jury proceedings require access to classified National Security Information by personnel of the Contractor additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies.

4.7.1.4 In the event the USAOs is unable to obtain security approval to grand jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for grand jury court reporters.

4.7.1.5 The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to grand jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to grand jury information.

4.7.2 Required Security Investigation

4.7.2.1 The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation.

4.7.2.2 Risk Level

In general, services performed by Contractor personnel may fall within three (3) risk categories as described below:

High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as:

· Policy development or implementation

· Higher-level management assignment

· Independent spokespersons or non-management positions with authority for independent action,

· Significant fiduciary and procurement authority and responsibilities, and

· IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, “Management of Federal Information Resources,” for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html).

Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as:

· Assistance to policy development and implementation,

· Mid-level management assignments,

· Non-management positions with authority for independent or semi-independent action,

· Delivery of service positions that demand public confidence or trust,

· IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, “Management of Federal Information Resources,” for those computer positions that are other than High Risk.).

Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission.

4.7.2.3 Types and Numbers of Background Investigations

Work performed under this BPA will fall within one or more of the risk categories defined paragraph 4.7.2.2. As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this BPA.

The Contractor will not be permitted to commence performance under the BPA until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers.

During the life of the BPA, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR.

4.7.2.4 Pre-Appointment Background Investigations and Waivers

Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee’s favor. When derogatory information has been discovered that cannot be resolved in the contract employee’s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below.

High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted.

Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject’s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted.

Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check.

4.7.2.5 The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms.

Title and Number of Form No. of Copies

4.7.2.6 Procedures for Pre-Screening Applicants and Investigations

Contractor’s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the BPA or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this BPA, the applicant must be disqualified from assignment on the BPA. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this BPA:

(a) Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant.

(b) Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints.

(c) Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted.

(d) Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms.

4.7.2.7 Contractor Status under the National Industrial Security Program (NISP)

Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO).

4.7.2.8 Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations.

Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the BPA.

Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges)

Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity)

Improper or illegal involvement with drugs within the past 7 years.

Current and continuing alcohol abuse

Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.)

Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.)

Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries)

Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition)

Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others)

Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations)

Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system)

Foreign Influence (e.g. when an individual’s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress)

Foreign Preference (e.g. and individual’s behavior indicates a preference for a foreign country over the United States)

4.7.2.9 Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR.

(a) The nature, extent and seriousness of the conduct.

(b) The circumstances surrounding the conduct, to include knowledgeable participation.

(c) The frequency and recency of the conduct.

(d) The individual’s age and maturity at the time of the conduct.

(e) The voluntaries of participation.

(f) The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes.

(g) The motivation for the conduct.

(h) The potential for pressure, coercion, exploitation or duress.

(i) The likelihood of continuation or recurrence.

4.7.2.10 Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the BPA falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this BPA. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct.

4.7.2.11 The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already working on the BPA and is determined to be ineligible, he or she will be removed from the call order.

4.7.212 The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the BPA, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s).

4.7.2.13 The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer.

4.7.2.14 The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees.

4.7.2.15 Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract…