S02. 36C26321Q0147 Court Reporter Services Central Iowa VA.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 67

499-21-1-5050-0051

36C26321Q0147 11-23-2020

Curt LaRose 605-336-3230 X7573 11-25-2020

10:00 CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561492

$16.5 Million

N/A

X

VA Central Iowa Health Care System 3600 30th Street

Des Moines IA 50310

NETWORK 23 CONTRACTING OFFICE

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Court Reporter Services to support the VA Central Iowa Health Care System located in Des Moines, IA.

Period of Performance: 12/01/2020 - 01/31/2021

Hearing will be virtual via Microsoft Teams or Zoom.

Reporter's location must be provided to government Contracting Officer for purposes of Service Contract Act wage determination.

The government retains the right to change the services to in person vice virtual.

Submit quote to Curt LaRose, Contracting Officer at curt.larose@va.gov by 11/25/2020 10AM Central Standard Time.

See CONTINUATION Page

499-3610152-5050-843100-2580 CS01G00A1

499-21-1-5050-0051

X X

36C26321Q0147

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 Performance Work Statement

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 IT CONTRACT SECURITY

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 41

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C263 Curt LaRose

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon completion of services.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 Performance Work Statement

SECTION 1 GENERAL

1.1. The Contractor shall provide all personnel, equipment, tools, materials, supplies, vehicles, certifications, supervision, and all other technologies and technical services to provide Court Reporter services for the Central Iowa VA Health Care System located in Des Moines, IA.

The services are to be provided virtually either through Microsoft Teams or Zoom but may change to in-person services depending on the status of the COVID-19 pandemic.

1.2. PERIOD OF PERFORMANCE.

The period of performance for this contract shall be from 12/1/20 through 1/31/20. Although the number of days and hours are subject to change, it is anticipated that these services will be needed for three (3) hearings for a total of seven (7) days or fifty-six (56) combined hours of service.

1.3. BACKGROUND INFORMATION.

1.3.1. It is the intent of this document to establish a non-personal performance-based service contract for the Central Iowa VAHCS.

1.3.2. Invoices: Contractor shall be required to invoice via the Tungsten Network. Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses. Ensure the obligation # and an invoice # is included on the invoice.

1.3.4. The term “Administrative Investigation” (AI) refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA. AIs are conducted to collect and analyze evidence to determine what actually happened and why it happened, so that individual and systemic deficiencies can be identified and effectively corrected. These investigations are governed by VA Directive 0700, Administrative Investigations and VA Handbook 0700, Administrative Investigations. These investigations are established by the Director of Contracting as the convening authority. Administrative Investigation Boards are not scheduled in advance; therefore, short notice will be provided for the need of transcription services. Once scheduled, the schedule may change or even be cancelled at anytime up until the time scheduled because of unforeseen events that may arise.

1.3.5. EEO Hearings, MSPB and/or arbitration hearings are similar processes and are established by a judge or other government source. Dates of service for these hearings will given to the contractor as far in advance as possible but no later twenty-four (24) hours in advance from the service date. The contractor shall have the capability of meeting this requirement.

1.3.5.1 If notice to the contractor of a service need is given within twenty-hours (24), the contractor may decline to perform services. However, if the contractor declines to perform, the Government requires the right to acquire services from another source.

1.3.6. The number of witnesses can only be estimated in advance at the start of the process and may change during the course of the investigation or activity.

1.4. PERSONNEL

1.4.1. The Contractor shall provide only qualified certified Court Reporters to perform these services. Only one Court Reporter shall be assigned to each administrative process from its beginning to end. If an unforeseen emergency should occur that would require absence of the assigned Court Reporter, the proposed substitute shall have comparable qualifications to those of the person being replaced. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer (CO).

1.4.2. The Contractor must provide competent, efficient Court Reporters who are experienced and have the necessary training and education in Court Reporting with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. Court Reporters must have at least one year experience in court reporting and have the necessary training and education required in Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. The Court Reporter must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of NCO 23). Appropriate credentials must be provided within one (1) week upon request. The Court Reporter shall be punctual and present at all proceedings, demonstrate a professional demeanor, and provide all the necessary equipment to perform their duties and accomplish the deliverables described below. NCO 23 will provide seating and a work surface for the Court Report to perform their duties. The court reporter shall read portions of transcript during the proceedings at the request of the board or other presiding body and ask speakers to clarify inaudible statements. Proceedings may occur over multiple days and the services of the Court Reporter may be needed for varying lengths of time each day. Court Reporters who have experience with the Administrative Investigation Board (AIB) process, Equal Opportunity Hearing, Human Resources Management Merit System Protection Board (MSPB) or arbitration hearings are preferred in the performance of this contract.

1.4.3 OATHS AND NOTARY SERVICES - The Reporter shall be competent to administer oaths. Depositions shall be transcribed by a duly authorized notary. No separate fee is to be charged for notary services, administering oath, or affixing seal.

1.4.4. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the

Contractor. To carry out this responsibility, the contractor shall provide the following for these personnel:

• Worker’s compensation

• Professional liability insurance NOTE: A copy of liability insurance on an individual must be presented to the CO prior that person being assigned to this facility.

• Health examinations

• Income tax withholding, and

• Social security payments

1.4.5. The parties agree that such personnel shall not be considered a VA employee for any purpose and shall be considered employees of the contractor. Note: To be in compliance with Homeland Security standards, each Court Reporter assigned to work at a Medical Center shall be subject to the same rules and regulations as all contracted employees. Parking is allowed only in those areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system. Prior to reporting to work, the contracted employee will need to contact the designated Contracting Officer Representative (COR) who will take him/her to the on-site PIV Officer, if required. This Officer will issue a temporary ID badge to the contracted employee, who in turn, will properly display the badge while working at the Medical Center. Upon completion of the assignment, the employee will return the badge to the COR.

1.4.6. The contractor shall ensure that all assigned court reporters perform all work in a professional business-like manner and in accordance with the best standards of the reporting profession and the contractor.

1.4.7. Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the contractor to remove their employee from the Medical Center or NCO facilities for misconduct or for security reasons. Removal does not relieve the Contractor the responsibility to continue providing the services required under this contract. The CO will provide the contractor with a written explanation to support any request to remove an employee.

1.4.8. Conflict of Interest: The contractor shall not assign any person who is an employee of the United States Government to work under this contract if that employment would appear to cause a conflict of interest.

1.4.8.1. In any instance where the contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the contractor shall immediately notify the COR and the CO. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.

1.4.8.2. If, after notice of a proposed hearing, the Contractor’s employee does not appear at the time and place specified for the hearing, the contractor shall be responsible for finding another equally qualified individual for the hearing. The Contractor may be responsible for the reimbursement to the NCO 23 for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Performance Work Statement.

The Government may deduct such expenses from any other sums due or that may become due the Contractor.

1.4.9. Place of Performance: All services will be performed either virtually via online application (i.e. Zoon or Microsoft Teams) or in-person at the Central Iowa VAHCS.

1.5. SECURITY REQUIREMENTS

1.5.1 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran’s Administration where work is performed under this Contract.

Note: All work associated with this contract shall be performed in the United States of America.

Because this contract is funded with American appropriated tax dollars, all persons working under this contract shall be American Citizens. There shall be no exception to this requirement.

1.5.2. The information obtained in the performance of this contract is confidential and must not be revealed to anyone who is not authorized to know. Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974;

therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.5.3. Commitment to Protect Sensitive Information. The Contractor and its employees shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) and any other pertinent laws and regulations governing the confidentiality of sensitive information.

1.5.4. In the performance of official duties, the Contractor's employees shall have access to information containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a); the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); Federal Regulations and statutes;

and VAMC policies and standard operating procedures. The Contractor and Contractor's employees are responsible for:

• Protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion.

• Completing annual privacy training that conforms to the requirements of VHA Privacy Training.

• Completing annual security awareness training that conforms to the requirement of the Department of Veterans Affairs Office of Cyber and Information Security Training.

• Within 24 hours of first becoming aware of a HIPAA Electronic Transaction and Code Set, Privacy, Security or Standard Identifier Incident, or use or Disclosure of PHI not provided for by this contract, notify the COR and CO, and promptly provide a report to the COR and CO.

• An incident will be considered any attempted or successful unauthorized access to, use, disclosure, modification, or destruction of, or interference with PHI, or an event that causes the VAMC to be considered non-compliance with the Administrative Simplification provisions of HIPAA as determined by the Department of Health and Human Services.

• Use only contractors, subcontractors, or agents who are physically located within a jurisdiction subject to the laws of the United States. Ensure there is no use or disclosure of PHI received from the VAMC in any way that will remove the PHI from such jurisdiction.

• Upon completion of the applicable contract(s), return all PHI gathered, created, received or processed during the performance of the contract(s), and no data will be retained by the Contractor, or any agents or subcontractors, unless retention is required by law or regulation or expressly permitted herein.

• Assure that all PHI has been returned to the COR.

• If immediate return of all data is not possible, assure that all PHI retained will be safeguarded to prevent unauthorized uses or disclosures. Until assurance is provided, the Department of Veterans Affairs may withhold 15% of the final payment of the contract(s).

1.5.5. Computer Security is a vital part of patient rights and privacy. All computer information from VAMC is considered sensitive and shall not be disclosed to anyone by the Contractor, or its employees. The Contractor and its employees shall follow all VAMC computer security guidelines. Violation of this Policy could result in the Federal prosecution of the individual(s) involved.

1.5.6. Confidentiality. All Contractor personnel performing services under this contract must complete a confidentiality certification.

1.6. QUALITY CONTROL.

1.6.1. The contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable government standards. No transcripts shall be forwarded to the government until the quality checks reveal full format conformance and freedom from error.

1.6.2. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs or any other personal identification data) when timely delivery cannot be made, and estimated time when correction of delivery will be made.

1.7. PERFORMANCE ASSESSMENT (QUALITY ASSURANCE SURVEILLANCE PLAN)

1.7.1 The Government will evaluate the contractor’s performance under this contract using the method of surveillance specified below. All surveillance observations will be recorded by the government. When an observation indicates defective performance, the COR will provide the Contractor with a copy of the record of the observation.

Para No.

Performance Objective Standard (AQL)

5.3 Full Representative at

all scheduled hearings

A trained and experienced transcriptionist with past experience in AIB’s, EEO Hearings, and MSPB Hearings is prompt and virtually present for all scheduled hearings with functioning recording equipment

Not late to more than 1 hearing per year. All direct and indirect costs associated with re-hearings will be reimbursed to the Government

5.7 Timely Delivery Transcribed paper copies (no

digital, e-mailed, etc.) of reports are delivered as stated in paragraph 5.7.

Less than 1% of the reports are late

5.8 – 5.11

Error-Free Deliverables Hearing recordings, transcriptions and photocopies accurately reflect that which transpired at the hearing, the individual testimonies are appropriately bound in a sturdy plastic folder, clear front cover, with metal prongs, include an acknowledgement/errata sheet inserted at the front, and a word index behind the testimony.

Less than 1% of recordings, transcriptions and photocopies must be returned for correction by the Contractor. All corrections are made and re-delivered to the COR within five (5) days of notification of the need for correction.

1.7.2. The AIB team leader, team, or other designated VA, staff member will evaluate the quality and timeliness of the product and services and notify the COR and the Chief, Quality & Performance Improvement or other convening authority – i.e., EEO Manager, Human Resources Specialist, or other so designated official of the acceptability of the product and services. However, only an appointed Contracting Officer Representative (COR) is authorized to monitor contract performance and only a Warranted CO is authorized to make changes to the contract by way of written contract modifications.

1.8. HOURS OF OPERATION.

1.8.1. Normal Business Hours. The Central Iowa VAHCS’ normal business hours are 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. It is expected that the court reporter shall only be needed during normal business hours.

1.8.2. Outside Normal Business Hours: In the event a court reporter is required outside of normal business hours as stated in 1.8.1, the court reporter shall continue performing services as requested. An overtime hourly rate shall be established if this should occur.

1.8.3. Federal Holidays. The ten holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial 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. In the event a holiday falls on a weekend day (Saturday or Sunday), the normal observance is the connecting weekday.

SECTION 2 STANDARD DEFINITIONS

Acceptable Quality Level (AQL). The AQL is the maximum percent defective that, for purposes of sampling inspections can be considered satisfactory.

Administrative Investigation (AI). A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

Administrative Investigation Board (AIB). The standard procedures established under VA Directive 0700 and this Handbook for collecting and analyzing evidence, ascertaining facts, and documenting complete and accurate information regarding matters of interest to VA. “Members” are the person or persons appointed by a Convening Authority to conduct the AIB.

Contracting Officer (CO). A sole individual appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

Convening Authority. The authority responsible for convening and supervising administrative investigations under VA Directive 0700. Convening Authorities include the Heads of VA Administrations and Staff Offices, Chief executives of VA facilities, and authorities senior to any of them in the VA organization.

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Requirements Summary (PRS).

Federal Acquisition Regulations (FAR). The laws governing Government contracting procedures.

Investigative Report (IR). The standard format for conveying the results of an AIB, designed to enhance clarity and to facilitate review and decision-making. The essential components an investigative report are findings of fact, conclusions, and exhibits.

Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the government to assure contract performance standards are met by the contractor.

Performance Work Statement (PWS). A statement that outlines the services needed for a Performance Based Service contract.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

SECTION 3 GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1. None. Government furnished property will be considered in the event that the contractor cannot furnish their own supplies and equipment due to an unforeseen circumstance.

SECTION 4 CONTRACTOR FURNISHED ITEMS AND SERVICES.

4.1. The contractor shall furnish everything required to perform all services as described within the PWS.

SECTION 5 SPECIFIC TASKS.

5.1. The contractor agrees that, at a minimum, all assigned court reporters shall:

• Meet the COR at specified location prior to the scheduled hearing time, if services required in-person, to obtain a temporary Identification badge from the appropriate VA Office. This badge is to be returned by the Contracted Employee to the COR or designee upon completion of the service.

• Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

• Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record proceeding for which notes have been taken as required.

• Mark and/or scan all exhibits, if necessary.

5.2. Hearings shall be properly recorded by Court Reporters using electronic recording devices, in addition to their physical or virtual presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:

• be continuously monitored by an operator.

• have simultaneous playback, listening pre-amplification and speaker identification capabilities.

The Court Reporter must maintain an audio recording of the testimony, available to the team leader or COR for the process as needed to clarify issues associated with testimony content.

5.3. An experienced, competent Court Reporter shall be present in the room or virtual environment when witnesses are interviewed, testimony is given and/or when witnesses are called back for additional testimony. The team leader or other designated VA staff member will inform the Court Reporter of the anticipated duration of the process and when the process has been completed.

5.4. The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable Government standards. No transcripts shall be forwarded to the Government until the quality checks reveal full format conformance and freedom from error.

5.5. When actual discrepancies in the transcribed testimony and the audio recording are identified and verified by the team leader or other designated point of contact, the Court Reporter shall produce a corrected version at no additional cost to the Government.

5.6. The contractor shall be fully responsible for all loss or damage to materials associated with this PWS while in the contractor’s care and custody. The contractor shall keep accurate records of the materials picked up from the government. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government.

5.7. HEARING AND DELIVERABLES TIMELINES:

5.7.1. The Administrative Investigation Boards have an established timeframe for completion of 45 calendar days of the date the AIB is convened; whereby sworn or affirmed testimony is obtained by a team charged with investigating a particular issue or event. Original and any requested copies of the transcribed testimony shall be returned to the Team Leader or designee(s) within five (5) business days of each day of testimony. In the event that an extension of time should become necessary for completion beyond the initial 45 day period, the presiding official/Team Leader will notify the Court Reporter of this change. Hardcopy transcripts, if requested, shall be mailed to an address or addresses specified by the Team Leader or designee(s).

5.7.2. EEO Hearings. Original and any requested copies of the transcribed testimony shall be returned to the Team Leader or designee(s) within one (1) business day of each day of testimony. Hardcopy transcripts, if requested, shall be mailed to an address or addresses specified by the Team Leader or designee(s).

5.7.3. MSPB: Original and any requested copies of the transcribed testimony must be returned to the Team Leader or designee(s) within five (5) business days of each day of testimony.

Hardcopy transcripts, if requested, shall be mailed to an address or addresses specified by the Team Leader or designee(s).

5.7.4. DAB Hearings. Original and any requested copies of the transcribed testimony shall be returned to the Team Leader or designee(s) within one (1) business day of each day of testimony. Hardcopy transcripts, if requested, shall be mailed to an address or addresses specified by the Team Leader or designee(s).

5.8. TRANSCRIPTION FORMAT:

5.8.1. The Court Reporter shall index each individual transcript and include behind each bound testimony a tabbed index stating, “WORD INDEX.” The evidence and information gathered during the course of the investigation shall be organized in an appropriately indexed investigative file that includes a numerical or alphabetical list of each time a symbol, number or word was used and the page number and line number.

5.8.2. The transcribed testimony product must be accurate, double-spaced, printed, and bound in a satisfactory manner, according to accepted standards for court reporting, which at a minimum includes one original and one copy of each witnesses’ testimony. All are to be securely fastened with metal prongs (not plastic binding). Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony.

5.8.3. An “ACKNOWLEDGEMENT” sheet shall be included as the last page of each testimony to include a certification statement at the top that the testimony is accurate to include blanks for a date to be filled in and a signature block for each. The second half of this acknowledgement sheet shall include a place for corrections, i.e., Page No. ____, Line No. ____, and a blank to write in the corrections.

5.8.4. Visible Black Character.

5.8.4.1. A Visible Black Character is defined strike-able and visible characters and includes any printed letter, number, symbol, and/or punctuation mark excluding any or all formatting (e.g., bold, underline, italics, table structure, formatting codes). All visible black characters can be seen with the naked eye as a mark, regardless of whether viewed electronically or on a printed page.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z a b C D e f G H I j k l m n o p q r s t u v w X y z ` 1 2 3 4 5 6 7 8 9 0 - = [ ] \ ; ‘ , . / “

5.8.4.2. Visual Black Character (VBC) Line or ASCII no Spaces Line. A VBC Line is defined as the total number of characters you can see with the naked eye, divided by 65. It includes any character contained within a header or footer. Spaces, carriage returns, and hidden format instructions, such as bold, underline, text boxes, printer configurations, spell check, etc., which are not counted in the total character count. A VBC Line is calculated by counting all visual characters and simply dividing the total number of characters by 65 to arrive at the number of defined lines.

5.8.5. All documents shall by typed using black ink on white good quality paper. Paper shall be 8 ½ by 11 inches with ruled margin of 1.5” at the left side and ruled margin of 0.5” at the right side, and a ruled margin of 1” at the top and bottom . A number indicating each line of the document upon each page, i.e., 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript.

5.8.6. Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.

5.8.7. In the original and each copy of the transcript, outside the ruled margin, the cover page and each subsequent page of the transcript (including the Certificate and Acknowledgement) shall show the name, address, and phone number of court reporting service centered at the bottom and the page number of the transcript in the bottom right corner.

5.8.8. The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the investigation, hearing, etc.

5.8.9. The original transcript and (1) copy shall be authenticated by the Official Reporter by a certificate page in the following form, which shall be included before the Acknowledgement:

CERTIFICATE

Certificate of Reporter:

Name of Hearing/Type of Proceeding:

Docket Number:

Place of Hearing:

Date of Hearing:

I, (name of transcriber), do hereby certify that said witness (name of witness), whose testimony appears herein, was duly sworn, that said transcript is a true record of the testimony given by said witness. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

Name and Signature of Court Reporter Date

Name of Company

5.9. Retention of Notes and Transcripts: The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made therefrom, shall be filed and held by the contractor, subject to authority and control of the Department of Veterans Affairs for a period of one year.

5.10. Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorneys’ fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

o Loss of original recordings, transcripts or photocopies.

o Failure of the contractor’s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time.

o Receipt of products by the Government in such poor condition as to be unusable.

o Attempted use of electronic recording equipment which does not conform to the requirements noted herein.

o Failure of the Contractor to deliver transcripts (original and 1 copy) within ten (10) business days after a hearing.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

56.00 HR __________________ __________________

Court Reporter (Hourly)

8.00 HR __________________ __________________

Court Reporter (Hourly) - Overtime

3,140.00 EA __________________ __________________

Cost per Page (Original Transcript)

Cost per Page (Second Copy Transcript)

2,500.00 EA __________________ __________________

Cost per Page (Third Copy Transcript)

7,000.00 EA __________________ __________________

Exhibit Scanning

4.00 EA __________________ __________________

Postage

Expedited Transcipt Delivery for 24 Hour Turnaround

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.