Solicitation 1605C1-23-Q-00071.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

CODE 16. ADMINISTERED BYCODE

X

X

X

561492

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORCAS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/24/2023 05:00 P.M. ET

07/25/2023

(214) 210-4237Katina Guidry (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C1-23-Q-00071

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 64 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The U.S. Department of Labor (DOL) has a requirement for Court Reporting, Transcription, and Stenography Services in accordance with the tasks outlined in the Performance Work Statement (PWS). This is a 100% Total Small Business set-aside.

The Government anticipates awarding multiple Blanket Purchase Agreements (BPAs) in accordance with FAR Part 13.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Ericka Graham

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Questions pertaining to this RFQ are due by 5:00

PM EST on 08/02/2023. Quotations are due per block 8 on this form.

Please email all questions and quotations to

Katina Guidry, guidry.katina.m@dol.gov & Ericka

Graham, graham.ericka@dol.gov.

Period of Performance: 11/15/2023 to 11/14/2028

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

64 2 of

B - Supplies or Services/Prices

B.1 ORDER TYPES

The Government contemplates award of multiple award Blanket Purchase Agreements (BPAs) with subsequent issuance of Firm Fixed Price (FFP) or Labor Hour (LH), or Time and Materials (T&M) orders.

B.2 BPA RATES

The proposed rates will be fixed and shall represent the contractor’s fully burdened rates for each service. The rates provided in the Pricing Schedule (Attachment A) will be used as ceiling rates for pricing of all services proposed under future FP, LH, or T&M orders issued against this BPA.

Service Contract Labor Standards Act (SCLSA) requirements will be analyzed at the order level, based on each order’s place of performance. If SCLSA is determined to be applicable to an individual order, the appropriate Wage Determination(s) will be included with the request for quote. Wage Determinations can be located at www.SAM.gov. Wage Determinations for selected areas are provided (see Attachments G-M).

B.3 TRANSITION PLANS

At the end of the order period of performance, the incumbent Contractor shall transition activities to the incoming Contractor with minimal disruption of services to the Government. The Contractor shall maintain sufficient qualified staff to meet all requirements of this effort. The Contractor shall submit a written transition plan unless designated otherwise by the Contracting Officer (CO).

The Contractor shall provide a transition plan subject to Government approval. The Contractor shall provide transition information and briefings to the Contracting Officer’s Representative (COR) prior to expiration dates. Orders issued under the BPA may include transitions in/out requirements.

B.4 BPA ORDERING PERIOD

The period of performance for each order placed against this BPA shall be specified in the individual order. The following conditions apply:

1. Under no circumstances may an order be placed under the BPA if the BPA has expired, been terminated or placed in a dormant status;

2. Orders, inclusive of options shall not exceed 60 months from the date of award;

3. Order options, if included at initial issuance of the order, may be exercised after the BPA expires.

4. In the event a BPA Period of performance ends prematurely (e.g., decision not to exercise a BPA option), an order Option that was originally awarded with an order, may be exercised for a period not to exceed 12 months. No further Order options may be exercised.

5. As directed by the Contracting Officer’s Representative (COR), the Contractor shall continue performance in emergency or mission essential conditions. Additionally, the Contractor may be required to account for the whereabouts of their personnel should this information be requested by the COR.

B.5 ESTIMATED VALUE

The aggregate value of all awards made shall not exceed $6,220,979.89. Whereas, the government accepts your proposed rates/pricing, it cannot guarantee what percentage or portion of the aggregate value will be awarded under the BPA.

B.6 CONTRACTING AND ADMINISTRATIVE AUTHORITY

In accordance with FAR 42.2, the BPA will be administered by the Office of the Administrative Law Judges’ (OALJ) delegated COR.

The Office of the Senior Procurement Executive (OSPE) is the only activity authorized to approve changes or modify any of the requirements contained in this BPA. In the event the contractor effects any such change at the direction of any person other than an http://www.sam.gov/

OSPE CO, the change will be considered to have been made without authority.

B.7 EXPECTATION FOR BPA HOLDER

The BPA holder shall collaboratively share ideas and work together with the Government, for the purpose of determining best courses of action for the sake of the DOL. Synergy and problem solving on a collective level should benefit all stakeholders. While having this expectation for the BPA holder, the Government will continue to adhere to appropriate protections for intellectual property and other proprietary information. The government reserves the right to use alternate methods as deemed necessary (i.e., recording proceedings, in-house transcription, etc.).

B.8 ORDERING PROCEDURES

All orders shall be issued in accordance with the terms and conditions described herein, along with all applicable Federal Acquisition Regulations (FAR), DOL acquisition regulations, DOL manual series, and Office of Federal Procurement Policy (OFPP) Best Practices. Prior to placement of any orders, cognizant procuring contracting officer(s) (CO) shall read the awarded blanket purchase agreement (BPA) in its entirety to understand the terms, conditions, and limitations of the vehicle. Procuring OSPE COs shall use appropriate standard forms for order placement and award, while ensuring that all orders clearly reflect the BPA number. All orders issued shall be within the scope of the BPA.

Under no circumstances does anyone other than a CO from OSPE have the authority to modify the BPA. In the event of a conflict or tension between the BPA and an order, the BPA will govern. All issues or concerns directly related to the BPA shall be directed to the BPA Contracting Officer.

Additional Price and Discount Terms

The Government may secure additional discounts at the time of placing an Order. On the spot discounts are authorized and encouraged.

Price Reduction

DOL should receive the most favored customer prices. If at any time the prices become lower than the prices in this enterprise-wide vehicle, this enterprise-wide vehicle will be modified to include the lower prices.

Fair Opportunity

Contractors will be provided fair opportunity at the order level in accordance with FAR 13.303-5 as applicable, unless an exception to fair opportunity applies.

The Order Ombudsman for DOL is Ryan Chandler, Senior Director for Strategy & Administration, and can be contacted at chandler.ryan.p@dol.gov. The Order Ombudsman is responsible for evaluating Contractor complaints.

Government Purchase Card (GPC) Orders

This BPA is available for use by all authorized Department of Labor GPC holders. GPC Holders shall follow all established DOL GPC procedures when procuring goods or services within the limits of their purchasing authority. Additionally, cardholders should ensure that created purchase logs sufficiently and accurately reflect that the purchase is made against the procurement vehicle to include the BPA award number. The contractor must provide a quarterly report of all orders placed with a GPC per the deliverables schedule.

B.9 DELIVERY AND PLACE OF PERFORMANCE

The delivery requirements and place of performance shall be defined in all subsequent orders. The work to be performed under this contract action may be performed anywhere in the United States.

B.10 NON-REGULAR TIME

The Government will pay the Contractor the established non-regular rate as the price per set for coverage of hearings during Non-regular Time. Non-regular Time applicability for each day shall be computed by dividing the number of hours worked outside Regular Time hours by the total number of hours worked and applying that percentage to the total number of pages.

B.11 PRICE PER SET FOR LESS THAN FULL PAGES

The Contractor agrees that no charge will be made for transcript pages which are less than 13 lines in length; all longer pages will be paid for as full pages.

B.12 CANCELLATION NOTICE FEE

This charge may be applied only once per day per hearing site per presiding official regardless of whether the hearing is virtual or in-person. The Contractor shall be entitled to a cancellation fee award only where:

a. An entire day of hearing(s) is canceled, and;

b. No hearings are held on that date at that hearing site, and;

c. Notice of cancellation has not been given to the Contractor before 12:00 p.m. on the business day preceding the date of the hearing(s). The cancellation notification of an entire day of hearing(s) by the OALJ can be made by e-mail, fax, mail, or orally to the Contractor. Notification by the presiding Administrative Law Judge to the assigned Court Reporter at the hearing site shall be deemed as notice to the Contractor.

B.13 FIXED MINIMUM FEE

In the event that the charges resulting from invoicing for that day’s transcripts total less than the minimum fee set forth in the contract price schedule; the Government shall pay the Minimum Fee as a fixed minimum fee for that day’s hearings, with no additional charges to be paid for any other hearings conducted or canceled that day.

If an entire day’s hearing(s) were canceled and there was no testimony or argument, or any other matter heard on the record, the Contractor understands and agrees that they are not entitled to the fixed Minimum Fee. However, the Contractor may receive the cancellation fee if applicable.

C - Description/Specifications

Performance Work Statement (PWS) For Enterprise-wide Court Reporter Services

PART 1 - General Information

1.1. Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform court reporter services as defined in this Performance Work Statement, except as Specified in section C-3 as government furnished property and services. The contractor shall perform to the standards in this contract action.

1.2. Background:

The U.S. Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, opportunities and ensuring the adequacy of America’s workplaces. The Department enforces a variety of Federal labor laws including those that guarantee a minimum hourly wage and overtime pay, freedom from employment discrimination, and other support. The Department holds hearings, depositions, meetings, etc. that require court reporter services.

OALJ Hearings

A majority of the hearings are requested by the Office of the Administrative Law Judges (OALJ). OALJ has the responsibility for adjudicating cases arising pursuant to more than 90 statutes, Executive Orders, or regulations. OALJ hearings are conducted under the formal hearing procedure found in the Administrative Procedure Act, and DOL regulations, which are found in Titles 20, 29 and 41 of the Code of Federal Regulations. OALJ also conducts hearings over a wide variety of other labor-related actions, including immigration related cases. OALJ has been conducting hearings since 1972 in labor-related fields encompassing civil rights, government contracts and grants, employee protection, immigration, worker's compensation, welfare programs, wage and hour guarantees, debarment, debt collection, and other labor-related laws.

Hearings are conducted under two federal compensation programs: the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act, and the Longshore Act extensions such as the Defense Base Act. These OALJ hearings occur much like any other legal proceedings. Thus, witnesses may testify, the proceedings are transcribed by a court reporter, and lawyers may submit briefs and motions, and proffer evidence at the hearing. The biggest difference between administrative law judge hearings and trials before a federal district court judge or a state court judge is that there is no jury in an administrative hearing. Rather, the administrative law judge hears the witnesses, considers the evidence and legal arguments submitted, and renders a decision based upon the law and record made at the hearing.

In most cases, OALJ's general rules of practice and procedure require that hearings be scheduled for a location giving due regard to the convenience of the parties and the witnesses. Thus, administrative law judges assigned to this office conduct hearings across the country in addition to the cities to which they are permanently assigned. Court reporters will either attend the hearings remotely or personally attend the hearings.

Implementing regulations typically require the hearing shall be open to the public and shall be mechanically or steno-graphically reported. The regulations typically require that all evidence upon which the administrative law judge relies for decision shall be contained in the transcript of testimony, either directly or by appropriate reference. They also typically require that all exhibits and other pertinent documents or records introduced as evidence -- either in whole or in material part -- shall be marked for identification and incorporated into the record.

1.3. Objectives:

The objective of this effort is to provide any agency within DOL in the national or regional offices with court reporter services. This includes the recording and digital transcription of virtual or in-person hearings or depositions and the resulting transcript. Transcripts will be ordered with a range of delivery requirements as specified in document.

1.4. Scope:

The Contractor shall furnish the necessary personnel, materials and services and otherwise do all things necessary for and incidental to the verbatim reporting and transcription of case hearings, depositions, pretrial or other conferences, and meetings conducted by the Department of Labor. Services can be in-person or virtual and may be scheduled in any location in the United States.

If ordered, transcripts will be provided in an electronic PDF format. For OALJ Hearings, the transcript shall be uploaded through an electronic portal and served to registered parties of the case through OALJ’s electronic system Case Tracking System (CTS) or any other technology determined by OALJ.

1.5. Ordering Period:

The BPA Ordering Period will be from November 15, 2023 – November 14, 2028.

1.6.General Information

1.6.1. Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in the BPA Exhibit 1 "Performance Requirements Summary”. After acceptance of the quality control plan, the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system. The quality control plan must be provided within 30 days of contract award.

1.6.2. Quality Assurance:

The government shall evaluate the contractor’s performance under this contract action in accordance with the Quality Assurance Surveillance Plan (see Attachment F). This plan is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Government Remedies:

The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4. Recognized Holidays:

The contractor is not required to perform on recognized holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.5. Hours of Operation:

The contractor is responsible for conducting performance between the hours of 8:00am – 6:00pm local time, Monday thru Friday, except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. The contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

The Contractor shall, when directed in writing by the COR, cover proceedings held between 6:00 p.m. and 8:00 a.m., Monday through Friday, and on Saturdays, Sundays and Government holidays. This coverage is defined as non-regular time.

The Contractor shall submit a completed copy of Report of Non-regular Time as Scheduled Hearing (Attachment C) with the subsequent invoice each time that the Contractor is required to work during non-regular time.

1.6.6. Place of Performance:

The work to be performed under this contract action may be performed anywhere in the United States. The OALJ Regions are broken down below:

SOUTHERN/WESTERN REGION

The entire states of Alabama, Arkansas, Arizona, California, Colorado, Florida, Georgia, Idaho, Kansas, Louisiana, Mississippi, Montana, North Dakota, Nebraska, Nevada, New Mexico, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

NORTHEAST/EASTERN REGION

The entire states of Connecticut, Delaware, Iowa, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin, including the District of Columbia.

1.6.7. Type of Contract:

The government anticipates award of a multiple award Blanket Purchase Agreement (BPA). The resulting orders will be firm-fixed price, labor-hour, or time and materials.

1.6.8. Security Requirements:

To ensure the proper safeguards will be provided when classified materials or subjects are involved, the Contractor shall, whenever required, comply with such security checks concerning the Contractor, employees, subcontractors, and the employees of the subcontractor as required by the Contracting Officer.

The Privacy Act applies to federal government contractors who operate systems of records containing personal information. The contractor and its employees will be required to safeguard information covered by the Privacy Act based on the section of this document under “Records Retention and Destruction.”

The Contractor agrees, in the performance of this contract, to keep the information gathered or analyzed in the course of this contract in the strictest confidence, said information being the sole property of the Government. The contractor also agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do

so. The contractor also shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records).

The Contractor shall take such reasonable measures as are necessary to restrict access to such information, while in its possession, to those employees needing such information to perform the work, i.e., on a “need to know” basis, and shall immediately notify, in writing, the Contracting Officer’s Representative (COR) named herein, in the event that they determine or has reason to suspect a breach of this requirement.

The Contractor agrees that it will not disclose any information concerning the work under this contract to any persons or individuals unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any agreement or subcontract hereunder.

1.6.8 .1 TREATMENT OF CONFIDENTIAL INFORMATION

Any data that is generated or obtained during contract performance shall be considered confidential by the Contractor and shall not be disclosed to anyone without the prior written approval of the COR. Nor shall any data be used for any other purpose except in connection with this contract. Any data generated or obtained during contract performance shall be delivered to the Government at the request of the Contracting Officer.

(a) In the course of contract performance, any information to which the contractor may have access and/or information which is generated by the Contractor in the Performance of this contract which is not placed on the public record of the hearing shall be considered confidential information.

(b) The Contractor and any subcontractor with access to this information shall:

a. Use the confidential information only for the purposes of carrying out the work required by the contract.

b. Not disclose the information to anyone without the prior written approval of the COR.

c. Destroy or return to the COR all copies of the information, and any abstracts or excerpts there from, upon request by the Contracting Officer, whenever the information is no longer required.

d. The Contractor agrees that these contract conditions concerning the use and disclosure of confidential information are included for the benefit of and shall be enforceable by the Government.

The Contractor agrees to include these provisions in all subcontracts awarded, pursuant to this contract, that require the furnishing of confidential information to the subcontractor.

1.6.8.2 PERMITS AND LICENSES

The Contractor, at their own expense, shall obtain and maintain the necessary permits, franchises, licenses, and other authorizations and certifications required for lawfully performing the services required under this contract.

1.6.8.3 NOTICE OF DELAY

Whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall, within ten (10) days of attaining that knowledge, give notice thereof, including all relevant information with respect thereto, to the Contracting Officer and the COR. The Government reserves the right to deny a time extension if such notification is not provided.

1.6.8.4 LISTING OF CASE INFORMATION

The Contractor shall keep accurate records of the materials picked up from the Government, at the hearing. The listing shall include the status of the job and the case number assigned by the Government.

1.6.8.5 ETHICAL RESPONSIBILITIES AND TERMINATION

a) The Contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this contract. The Contractor shall not divulge, sell, or distribute any information gained at a hearing, except as authorized by the presiding official.

b) Further, the Contractor is responsible for all loss and damage, whether by theft, accident, or otherwise, to equipment, notes and tapes under its care and custody.

c) Nothing in this contract construes OALJ to abrogate these performance requirements or to permit the Contractor to fail to perform or to delay in performing any duties or responsibilities under this contract. Failure of the Contractor to appear at a proceeding, late arrival to a proceeding or failure to deliver in accordance with the specified period of time for the kind of delivery ordered is a default, and potentially subjects the Contractor to the default provisions of this contract. In the case of default, the CO reserves the right to obtain reporting services from other available sources. The Contractor then becomes liable for all loss, damage, expenses, or excess costs over and above the rates specified in the contract.

1.6.8.6 STANDARDS OF WORK

It is understood and agreed that the performance of work and services under this contract shall conform to high professional standards.

The Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the Notice of Hearing issued by the agency and the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date and place designated, as many competent reporters and stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract. Further, it shall be an absolute right of the Administrative Law Judge (ALJ) to inform the Contractor through the COR of the un-acceptableness of specific court reporters. The failure of the Contractor to provide a court reporter other than one designated acceptable by the ALJ shall provide a basis for the ALJ's decision to obtain court-reporting services from another source. Further, it shall be an absolute right of the ALJ to obtain court reporting services other than through the Contractor in situations that present an immediate need for replacement of the contracted court reporting service.

Once the Judge’s Notice of Hearing is issued, the Contractor agrees that the assigned reporter shall:

- Present himself or herself to the presiding official in person or virtually as determined by the presiding official at least fifteen (15) minutes prior to the time and at the place of designated hearings, 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.

- At all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character.

- Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion.

- Not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs.

- At in-person hearings, mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official and transmit PDF electronic versions to OALJ through the Electronic Portal at the same time as the electronic transcript is submitted.

1.6.9. Special Qualifications:

The Contractor, at their own expense, shall obtain and maintain the necessary permits, franchises, licenses, and other authorizations and certifications required for lawfully performing the services required under this contract.

SALES OF DUPLICATE COPY OF TRANSCRIPTS

OALJ shall have the right to use and distribute any transcript or portions thereof, as it deems necessary.

Except as set forth in the preceding sentence, the Contractor may sell and furnish copies of transcripts to other parties in the case or the public if so requested. If that party/public requests and pays for an earlier timeframe for receipt of the transcript copy, then the government is to receive the transcript at the earlier timeframe at no additional charge to the government. The only exception to the sales of copies occurs when the presiding ALJ places the transcript under seal in whole or in part (except that, the Contractor may sell and furnish copies to a party to the case, or that party’s representative, if the order to seal does not apply to the party or party’s representative). If only part of the transcript is placed under seal by the presiding ALJ, the Contractor may sell and furnish copies of the transcript to the public which omits or redacts the sealed portion.

The Contractor agrees that all stationery, advertising material, or sales methods using the name of the U.S. Department of Labor or in any way expressing the Contractor's connection therewith shall be subject to the approval of the Department of Labor and shall be modified as the Department of Labor may direct.

1.6.10. Post Award Conference/Periodic Progress Meetings:

The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.11. Contracting Officer’s Representative:

A COR will be delegated separately.

1.6.12. Key Personnel:

N/A

1.6.13. Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.14. Organizational Conflict of Interest:

N/A

1.6.15. Phase In/Phase Out Period

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board during the 30 day phase in/phase out periods. During the phase in period, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract action start date.

PHASE IN/PHASE OUT PLAN

The Contractor shall provide a Phase in Plan at the time of quotation. The phase in plan shall include at a minimum, the status summary of all current projects to initiate performance, related materials; and date the full transition will be complete. The orderly and uneventful transition between the incoming Contractor and outgoing Contractor is vital to assure minimum disruption to Government Services and related activities.

The Contractor shall not disrupt official Government business or in any way interfere with the assigned duties of the predecessor Contractor’s employees. At the end of the period of performance of this contractual effort, the contractor program manager shall be prepared to transition workload/tasks if another vendor is selected. This transition will include digital and hard copies of all in-progress working files, historical files for all tasks, product portfolio, briefings for incoming personnel, and timelines and standards for completion.

In an effort to facilitate a smooth operational information exchange, the incoming contractor is required to:

- Revise/develop and implement a Phase in Plan

- Document and develop a baseline noting current Customer Satisfaction levels

Part 2 - Definition & Acronyms

BPA – Blanket Purchase Agreement

CO – Contracting Officer

COR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service - A service output that does not meet the standard of performance associated with it in the Performance Work Statement

DOL – United States Department of Labor

FAR – Federal Acquisition Regulation

IPERA -- Improper Payments Elimination and Recovery Act (IPERA) of 2010

OCFO – Office of the Chief Financial Officer

OMB - Office of Management and Budget

PAP – Performance Assessment Plan

PIV - Personal Identity Verification

PMP – Project Management Plan

POP – Period of Performance

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

QA - Quality Assurance: Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

SF – Standard Form

PWS – Performance Work Statement

Quality Assurance Surveillance Plan (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Non-regular Hours - When the proceedings held between 6:00 p.m. and 8:00 a.m., Monday through Friday, and on Saturdays, Sundays and Government holidays. This coverage is known as non-regular time.

Part 3 - Government Furnished Property, Equipment, And Services

3.1 General:

The government will provide, the facilities, equipment, materials, and/or services listed below.

3.2 Equipment:

The government will not provide equipment for this requirement.

3.3 Services:

3.3.1 Utilities:

N/A

3.4 Facilities:

In-person. The government will furnish all necessary workspace required for the contractor to support the effort(s) outlined in this PWS, to include desk space and other items necessary to maintain an office environment.

Virtual. The contractor will furnish all necessary workspace required to support the effort(s) outlined in this PWS, to include desk space, telephones, computers, and other items necessary to maintain an office environment. If deemed necessary, the government may issue, at its discretion, supplemental equipment (e.g., computing equipment).

Part 4 - Contractor Furnish Items and Services

4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish all other items required to perform the services in this PWS.

All reporting shall be by electronic recording device. It must be of such quality as to insure against error, misinterpretation, or loss of voice. The device must at a minimum:

a) Have two channels.

b) Be continuously monitored by an operator.

c) Have simultaneous playback, listening, pre-amplification and speaker identification capabilities.

d) Have an equipment malfunction indicator.

The Contractor shall provide a back-up system to whichever primary method of reporting is used and is responsible for utilizing this back-up if the primary recording of the proceedings is damaged, lost or compromised so as to not require that the hearing be re-held.

4.2 Clearance:

The contractor shall possess or be eligible to receive and maintain a confidential clearance. The contractor’s employees, performing work in support of this contract action shall have been granted a confidential security clearance.

Part 5 - Specific Tasks

5.1 Services:

The Contractor shall provide verbatim stenographic reporting services in support of the OALJ for a designated region. The Contractor shall furnish such services as required by the OALJ for a region as outlined. Hearings are scheduled by the OALJ National office as well as eight district offices (See Attachment B). Hearing locations are selected with due regard for the convenience of the parties and the witnesses which may be scheduled in-person or virtually. The Contractor shall furnish such services in the form of a transcript of these hearings in PDF format where it shall be uploaded through OALJ’s current electronic eFiling and eServing Portal named EFS or other OALJ designated system. See Attachment D for the required Format of Transcripts and Exhibits.

5.1.1 COURT REPORTING TRANSCRIPTION REQUEST PROCESS

Hearings are scheduled with the parties involved through a Notice of Hearing usually 30-120 days in advance of the hearing: A copy of this Notice of Hearing will be served by CTS and/or also served by EFS to the contractor within one week of the notice to the parties. It is the Contractor’s responsibility to maintain these Notices of Hearings as the initial ordering of work.

The content of the Notice of Hearing may vary by case and Judge.

a) Every week, the Contractor is to call the contact person designated in each office (National and District Offices) within the Office of Administrative Law Judges (OALJ) (contact list to be provided at the issuance of the contract), or his/her alternate, and review hearing(s) scheduled for the next week. These weekly contacts provide the most current information concerning changes in hearing schedules, dates, times, places, cases to be heard, and what has been canceled. In those instances where a Notice of Hearing has not been issued, or not received by the Contractor, the OALJ, through its contact person or alternate may order the work from the Contractor orally at this time. The OALJ reserves the right to order additional work at least one workday prior to the hearing.

b) The Judge’s Notice of Hearing shall schedule hearings on specific dates and scheduled times when the Court Reporter will be required. The OALJ will make best efforts to hear the cases at the times scheduled; however, the Government has the authority to change times with notice given to the court reporter at or before the hearing, within the same day, without incurring additional charges. Where possible, cases will be scheduled for specific dates and times for individual hearings; however, the OALJ may also schedule a number of cases to be heard on one date and time in what is referred to as a calendar call. At the calendar call, cases will be scheduled by the presiding Administrative Law Judge for the remainder of that same week. The case(s) may also be heard at that time, the case(s) may settle, or the case(s) may be continued to a later hearing trip. The presiding Administrative Law Judge shall give notice to the Contractor’s assigned court reporter at the calendar call hearing of the ordering of work for the remainder of the week. Notice to the court reporter shall constitute notice to the Contractor for all purposes under this Contract.

c) If during the hearing it is determined that services for more hearing day(s) than were originally ordered is required, the work shall be ordered either by the presiding Administrative Law Judge through notice to the Contractor’s assigned court reporter at the hearing, or it may be ordered by the OALJ orally or by e-mail, or fax to the Contractor.

d) The completion of an order by delivery of a transcript(s), is due within twenty (20) working days after the hearing UNLESS a ten

(10) working day, five (5) working day, three (3) working day, or next working day delivery has been requested by the COR or Alternate COR. The latter request will likely occur if an expedited transcript is required. Further, if some time other than twenty (20) working day delivery has been requested by an OALJ employee other than the COR, it is the Contractor’s responsibility to call or e-mail the COR or Alternate COR and receive the COR’s or Alternate COR’s approval for the order.

e) There is no limit on the number of orders that may be issued by OALJ.

f) Orders requested during the period of performance of this contract shall be completed even if the contract has expired prior to completion of the assigned work, except if the Government cancels the work that was ordered.

g) All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract provisions shall control.

5.1.2 SUBSTITUTION OF CASES AND JUDGES

The Government may substitute one case for another case or hearing on the same date at the same hearing site without notifying the Contractor and without incurring cancellation fees. A substitution under this provision may be at a different time than the originally scheduled case on that same day.

The Government may also substitute one judge for another judge scheduled for hearing on that same date and same hearing site without notifying the Contractor and without incurring cancellation fees.

5.1.3 TRANSCRIPTS

The Contractor shall furnish to the OALJ complete transcripts in PDF by uploading through an Electronic Portal or follow-on system. Where errors attributable to the Contractor's performance appear in the transcript (i.e., those which change or obscure the meaning of the testimony, but not including typographical errors or misspelling if the intended meaning is clearly evident, such as "thier" for "their" or "teh" for "the", etc.) the Department of Labor may demand and the Contractor shall correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost of any kind to the Department for the same, regardless of the delivery time of the original order specified. Further, in the event the presiding official finds any part of transcripts to be illegible, the Contractor shall correct and replace the same with acceptable versions within one (l) business day after receipt of notification from the presiding official and without additional cost for such replacement.

5.1.4 REVIEWS AND QUALITY CHECKS

The Contractor shall provide reviews and quality checks necessary to ensure that the transcripts conform to the requirements of this contract. No transcripts will be forwarded to the Government until the quality checks reveal full format conformance and freedom from error.

5.1.5 MONTHLY ISSUE REPORT

Required Monthly Issue Report to the COR via email. This report will address any new or outstanding issue(s) and the contractor’s response to resolving them and preventing reoccurrence. It dovetails well with the Contract Discrepancy Report that the COR uses for like concerns.

5.1.6 TIME PERMITTED FOR COMPLETION OF ASSIGNMENTS

The Contractor shall deliver the PDF transcripts, PDF exhibits when requested by the presiding judge, not later than twenty (20) working days after the close of the hearing, pretrial conference, or other proceeding. The twenty (20) day period begins on the first workday following the closing of the hearing and shall run for nineteen (19) workdays (excluding weekends, Federal Holidays, and Executive Holidays).

Note: The delivery period description above is also true for the 10, 5 or 3 working days or next day delivery times. The delivery period will be defined for each order.

Whenever a hearing continues for more than one day, and there is no continuance, recess or adjournment for five (5) or more workdays, the last day of the hearing shall be used to determine the day for delivery of the entire transcript, including exhibits.

Whenever a hearing is continued, recessed or adjourned for a period of five (5) or more workdays, that portion of the hearing held prior to such continuance, recess or adjournment shall be considered closed for the purpose of computing time for delivery.

A case delivery day ends at the close of business hours of the office where the transcript and exhibits are to be delivered. Failure of the Contractor to deliver transcripts and exhibits on the same delivery date shall deem a transcript to be "Delayed".

5.1.7 PLACE OF DELIVERY

For OALJ Hearings, the Contractor shall furnish and deliver to the OALJ complete electronic transcripts in PDF format by uploading the transcript through an Electronic Portal or follow-on system. The transcript will be served to registered parties of the case and into OALJ’s CASE TRACKING SYSTEM (CTS) or follow-on system.

For other services, the place of delivery will be established at the order level.

5.1.8 INITIAL MEETING

The Contractor’s key project staff for each region awarded shall meet or have a conference call with DOL staff within one week of the date of award to discuss the start of services. The specific focus will be to discuss the tasks, time frames for completion, data required by Contractor, and any security requirements.

5.1.9 SET EQUALS A COMPLETE ELECTRONIC TRANSCRIPT IN PDF FORMAT

Prices to the Government shall include any and all licenses, permits, recording, and any and all other costs required to create and provide required documents electronically to the OALJ through an Electronic Portal.

Part 6 - Applicable Publications

6.1 Publications Applicable to This PWS:

N/A

Part 7 - Exhibit Index

1. BPA Exhibit 1 – Performance Requirements Summary

2. BPA Exhibit 2 – Deliverables Schedule

3. BPA Exhibit 3 – Estimated Workload Data

BPA Exhibit 1 Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold Method of Surveillance

PRS#1.

The Contractor calls the National and District Offices to review hearing(s)and conference calls scheduled for the following week

Weekly 95% COR will verify via telephone /email with POCs

PRS#2

The Contractor shall deliver the PDF transcripts, PDF exhibits when requested by the presiding judge, twenty (20)working days after the close of the hearing, pretrial conference, or other proceeding.

Monthly 99% COR will verify via telephone/email with POCs

PRS#3

The contractor shall deliver the expedited transcripts ten(10)working day, five(5)working day, three(3) working day, or next working day delivery

Weekly 99% COR will verify via telephone/email with POCs

BPA Exhibit 2 Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To Sec. 5.1 The Contractor shall deliver the PDF transcripts, PDF exhibits when requested by the presiding judge, not later than twenty

(20) working days after the close of the hearing, pretrial conference, or other proceeding.

Twenty (20) working days

If electronic, no copies necessary

If Paper, 1 original and 1 copy

PDF Presiding Administrative Law Judge or as determined by the order

Sec 5.1 The Contractor shall deliver the expedited PDF transcripts, PDF exhibits when requested by the presiding judge, not later than ten (10) working days after the close of the hearing, pretrial conference, or other proceeding.

Ten (10) working days electronic, no copies necessary

PDF Presiding Administrative Law Judge or as determined by the order

Sec. 5.1 The Contractor shall deliver the expedited PDF transcripts, PDF exhibits when requested by the presiding judge, not later than five (5) working days…