S02 _ ATTACHMENT 1 _ Final SOW _ RO Court Reporting _ 5.6.26.docx

Statement of Work Court Reporting (Stenography Services)

B.1.1. GENERAL GUIDANCE:

The Veterans Affairs (VA) Office of Revenue Operations has a current need for court reporting (Stenography) services. This will be for deposition transcripts.

B.1.1.1. TITLE OF PROJECT:

Court Reporting – Stenography Services

B.1.1.2. SCOPE OF WORK:

a. The Contractor shall have sole responsibility to create verbatim transcripts of investigations, speeches, conversations, legal proceedings, meetings, and other events where the spoken words are necessary for correspondence, records, or legal proof.

b. The Contractor shall be certified to administer oaths of all participating parties when such service is required.

c. The Contractor’s court reporters performing work under this contract shall hold a current commission as a notary public to be authorized to administer oaths and collect evidence when such service is required.

d. The Contractor shall be responsible for accurate recording and transcription to ensure clarity and quality of spoken word. The court reporter is responsible for ensuring a complete, accurate, and secure legal record.

e. The Contractor shall ensure a secured storage and retrieval system is in place for all stenographic notes, voice files, or audio recordings in paper or digital format. The Contractor shall ensure the transcription documentation is destroyed immediately following completion of the contractual agreement with receipt and processing of payment for the contractual services.

f. The Contractor shall provide the facility Point of Contact (POC) with all the required deliverables and shall ensure no additional copies are composed or distributed. The facility’s POC will be provided at the time of award of contract.

g. An invoice shall only be submitted after all the work is completed and all deliverables have been submitted, received, and approved. All invoices are to be paid 30 days in arrears, after an acceptable invoice is received via Electronic Invoice clause contained herein.

B.1.1.3. TYPE OF PROCEEDING:

Proceedings shall be designated as Confidential. When a proceeding or any portion thereof is designated Confidential, the Contractor shall hold inviolate and in the strictest confidence all information which he/she may gain in the performance of his/her duties under this contract. The Contractor shall not divulge, sell, or distribute any or all information gained at a confidential proceeding unless directed in writing by the POC.

B.1.1.4. DELIVERY SCHEDULE:

a. An electronic PDF transcript of each sworn testimony shall be recorded provided no later than fourteen (14) calendar days of the date the last sworn testimony and emailed to the COR or designee. Actual turnaround times and the number of transcripts will be provided at the last day of depositions.

b. Whenever a hearing or deposition is continued, recessed, or adjourned for a period of five (5) or more calendar days, that portion of the transcript of the hearing held prior to such continuance, recess, or adjournment shall be considered a complete hearing for the purpose of commuting time for delivery of the transcript.

c. Requests for Services will be made via email.

d. The Contractor will determine within a reasonable time, normally within 24 hours of the time the request for services was made, whether or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order services from another source.

e. Regardless of whether the delivery ordered is regular or accelerated copies, if the Contractor fails to deliver the transcript to the Government within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the contracting officer, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the applicable facility. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default and subjects the Contractor to the default provision of this contract.

B.1.1.5. PLACES OF PERFORMANCE:

Hearings, boards, or testimony recordings may be transcribed through (a) conference call with the court reporter on the phone; or (b) in person at a designated location. The VA will advise the Contractor if in person or telephonic testimony is to be taken at time of ordering. The designated location will be provided at time of ordering.

B.1.1.6. HOURS OF OPERATION:

The Contractor shall be available on an as needed based during Medical Center operating hours from of 8:00am to 4:30pm, Monday through Friday, excluding Federal holidays. If there is a need for work to be done after hours, the Government will make arrangements for Contractor to have the necessary access to complete performance. The Contractor will accommodate delivery of services on that off tour for no additional cost.

B.1.1.7. FEDERAL HOLIDAYS:

a. The following legal holidays will be observed: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

B.1.1.8. ESTIMATED QUANTITY:

The number of transcripts generally requested for a proceeding is the original and one (1) copy; however, some proceedings may require the original transcript and up to four (4) copies. Transcripts are generally requested within a two (2) week [or fourteen calendar days] turnaround or less, from the date of the last sworn testimony taken in a proceeding. The number of pages contained in each transcript will be determined by the length of the proceedings. Actual turnaround times and the number of transcripts will be provided at the last day of depositions.

B.1.1.9. PERIOD OF PERFORMANCE:

The anticipated dates for this contract are 5/19/2026 to 6/30/2026.

B.1.1.10 Any travel necessary to perform the terms of this contract are borne by the Contractor.

B.1.2. GENERAL REQUIREMENTS:

a. Under the authority of Public Law 104-262 and 38 U.S.C. 8153, the Contractor agrees to provide competent resources in accordance with the terms and conditions stated herein, to furnish to, and at the Department of Veterans Affairs (VA) Medical Facility, the services at prices specified in this document.

b. Court reporter Services performed by the Contractor, or its Subcontractor, will be performed within the continuous United States, in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

c. The court reporter must arrive at least thirty (30) minutes prior to the start time of the first appearance, or in no case, later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time. In the case of a telephonic investigation, the court reporter shall make telephone contact with the POC at least thirty (30) minutes prior to the start time. Any technical requirements needed by the court reporter must be submitted to the authorized Agency or Service Representative two (2) days prior to the start of the proceeding.

d. The court reporter will record, at a high rate of speed, verbatim testimony given in judicial or quasi-judicial contract-related litigation proceedings. The verbatim testimony includes but is not limited to: questions, answers, objections, proceedings and review. The court reporter will report everything spoken while a proceeding is in session unless the Presiding Official directs an off-the-record discussion.

e. The Contractor agrees the assigned court reporter will provide Court Reporting Services equal to or higher than the acceptable standard of an experienced court reporter. Additionally, the court reporter will act in good faith and in the best interest of the Agency and will use their best efforts in exercising sound business judgment. The court reporter will perform all assigned work in a business-like manner according to the best standards of the reporting profession.

f. The court reporter will prepare and certify complete, legible transcripts of evidence and testimony, which accurately reflect the full and complete verbatim record of the proceedings, for inclusion in the records. In the event the contracting officer finds one or more copies of the transcripts to be illegible, the Contractor shall correct and replace the same within one (1) business day after receipt of notification from the contracting officer and without additional cost for such replacement.

g. The court reporter will insert supplemental material(s) at proper places in the transcripts, in accordance with notations made in record of the proceedings. The court reporter refers to citations and other source materials in preparation of the transcripts.

h. When the contracting officer determines that there are errors in the transcript, he/she may require the Contractor to correct the errors and furnish the corrected transcript within five (5) calendar days, or less, after receipt of notification and without additional cost to the Government for the same, regardless of the delivery time the original order specified.

i. The court reporter will not omit from the record any part of the proceeding for which notes have been taken as required, unless the Presiding Official so directs.

j. The court reporter will mark and number exhibits and arrange them in numerical or alphabetical order, if directed to do so by the Presiding Official.

k. The Agency’s authorized representatives will identify the Administrative Judge, Arbitrator, AIB Chairperson or Point of Contact (any of which may be identified as the Presiding Official) for the court reporter for a proceeding, and provide directions to the location of the first meeting. At the proceedings, the court reporter will be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times and/or places, the hours of the proceeding, who will provide testimony, who requires copies of the transcripts, and matters of like character.

l. The court reporter shall perform other duties as required reasonably within the scope of duties specified in this Contract.

m. The Contractor and Agency agree that the Contractor, Contractor staff, agents, and Subcontractors shall not be considered VA employees for any purpose.

B.1.2.2. QUALIFICATIONS:

a. When contacted by the Agency, the Contractor must ensure the court reporter has the skills required to record verbatim testimony at a high rate of speed, by shorthand, mechanical and/or electronic means, at proceedings when specified by, statue, rule of law, or by order of a court.

b. The Contractor must be able to promptly transcribe the proceedings requested by Department of Veteran Affairs (VA).

c. The court reporter, in conjunction with the Contractor, are responsible for certifying and filing transcripts, notes and exhibits.

d. As requested to record proceedings and produce transcripts, the Contractor will ensure court reporters are qualified in the operations of the following equipment:

(1) Stenographic Equipment;

(5) Computer Aided Transcription (CAT); or

(6) Shorthand and/or Monitored Multi-Microphone Recording

(Note: Audio Tape Recorders may only be used for back-up purposes)

e. Court reporters require the following Knowledge, Skills and Abilities:

(1) Thorough knowledge of steno-typing or other methods of taking verbatim testimony at a high rate of speed;

(2) Extensive knowledge of business English and spelling, with the vocabulary necessary in recording testimony involving technical, medical and legal terms;

(3) Working knowledge of legal procedures and the preparation and use of court records;

(4) Ability to prepare accurate, complete, secure and confidential records of proceedings;

(5) Ability to correctly transcribe testimony proffered in various idiomatic phrases;

(6) Skill in the development of total recall necessary to record dictation at a high speed with extreme accuracy;

(7) Board Certified in their profession and/or hold a current certification related to their practice; and

(8) The ability to read back portions of the transcript in real time as necessary and requested by the parties.

B.1.3. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES:

a. The Contractor shall be able to provide a qualified court reporter within 24-hours’ notice to transcribe accurate sworn testimony at various contract litigation proceedings that could range from one (1) day to two (2) or more weeks with limited breaks, last minute delays or cancellations, limited set-up time, and less than desirable environmental conditions.

B.1.4. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. The Contractor shall be required to comply with security policies/requirements. All security policies/requirements must be met and employees cleared prior to the Contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

b. Contractors, Contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

c. A Contractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

B.1.4.1. TRAINING:

a. All Contractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-15, Information Technology Security Training Requirements.]

b. The Contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training documents are complete.

B.1.5. CONFIDENTIALITY AND NONDISCLOSURE:

Proceedings shall be designated as confidential. When a proceeding or any portion thereof is designated confidential, the Contractor shall hold inviolate and in the strictest confidence all information which he/she may gain in the performance of his/her duties under this contract. Court reporters shall not disclose anything they see, hear or read as it relates to assigned cases.

B.1.6. CONFIDENTIALITY OF PATIENT RECORDS:

When VA is providing services involving patient records to non-Federal entities, the records maintained by VA in providing those services are subject to the Privacy Act, FOIA, and other VA specific laws regarding the confidentiality of patient records.

**The Department of Veterans Affairs (VA) is currently undergoing a reorganization that may result in future changes to its organizational structure, processes, responsibilities, and priorities. Such changes could affect the customers, services, or support described in this Performance Work Statement (PWS). Accordingly, the Contractor shall remain adaptable and responsive to evolving VA requirements and work in close coordination with the Government to assess and implement necessary adjustments, as needed. Any resulting changes will be completed by bilateral contract modification.