SOW for Professional Court Reporting_14DEC2022.pdf

United States COURT REPORTING SERVICES Patent and Trademark Office Statement of Work

Form # USPTO-OP-020 (08/2020) Page 1 of 9

Statement of Work (SOW)

Requirement Title: COURT REPORTING SERVICES

Background

The mission of the United States Patent and Trademark Office (USPTO) is to foster innovation and competitiveness by providing high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide.

To accomplish this mission, the Agency must hold hearings, hear appeals, and make decisions on a host of patent-related matters and non-patent related matters. The handling of these matters must be documented. Multiple business units, including those listed below, across the USPTO support the mission of the Agency.

a) The Patent Trial and Appeal Board (PTAB) conducts trials, (including inter partes, post- grant, and covered business method patent reviews and derivation proceedings), hears appeals from adverse examiner decisions in patent applications and re-examination proceedings, and renders decisions in interferences.

b) The Office of General Counsel (OGC) acts as the Under Secretary and Director’s principal legal advisor in assuring the provision of legal advice and representation for the agency. The OGC is concerned with defense of agency decisions in court and administrative tribunals, internal agency legal advice, and regulation of persons practicing before the USPTO. OGC is also the delegated authority to hear appeals from decisions in enrollment and discipline matters, and to determine whether special circumstances exist pursuant to 35 U.S.C. § 122 for releasing information concerning patent applications.

c) The Office of Policy and International Affairs (OPIA) assists the Under Secretary and Director in advising the President and Federal agencies on domestic and international IP issues. Additionally, it promotes the development of intellectual property systems, nationally and internationally, and advocates improvements in and more effective means of protecting and enforcing intellectual property rights of United States nationals in the United States and throughout the world. OPIA is planning a series of public meetings regarding the protection and enforcement of certain intellectual property rights issues.

d) The Trademark Trial and Appeal Board (TTAB) is an administrative board that hears and decides adversary proceedings between two parties, namely, oppositions (party opposes a mark after publication in the Official Gazette) and cancellations (party seeks to cancel an existing registration).

The TTAB also handles interference and concurrent use proceedings, as well as appeals of final refusals issued by USPTO Trademark Examining Attorneys within the course of the prosecution of trademark applications.

For planning purposes only, the following general information is provided:

Form # USPTO-OP-020 (08/2020) Page 2 of 9

• The average number of hearings per month for PTAB has been approximately 100 per month.

These hearings are often highly technical in nature and utilize terms of art that are uncommon in typical court hearings.

• The average number of hearings/trials for the OGC has been 20-30 per year.

• The average number of depositions for the OGC has been 50-60 per year.

• The average number of arbitrations for the OGC has been 6-10 per year.

• The OPIA will host approximately 10 roundtable meetings per year.

• Other offices have miscellaneous requirements for recordation of public hearings, etc.

Purpose

The purpose of this procurement request is to secure professional court reporting services document hearings, decisions, and other court related proceedings on a host of patent-related matters and non-patent related matters.

Scope

The scope of services entails contractor support for all facets of court reporting. The scope of this work includes transcription of “on the record” conversations only. Discussions held during side bars, breaks, and outside of actual depositions, hearings and roundtable meetings are not included. The USPTO reserves the right to order more specialized services such as video recordings of depositions and hearings and any other related service(s) deemed necessary for the particular event.

The Contractor shall furnish the necessary personnel, material, equipment, and services to meet the specifications and timeframes as described below.

The Contractor shall provide both stenography and court reporting services for the USPTO, as specified by in each BPA Call by the ordering official or Contracting Officer’s Representative (COR). The Contractor shall ensure, when applicable, state licenses and/or certification as up-to-date where services are being performed The contract shall be able to provide evidence of such licenses and/or certification within one business day, upon request from the COR or Contracting Officer. The Contractor shall provide a Program Manager as a point of contact for the COR. The Contractor shall be available at dates, times, and locations as scheduled by the COR or ordering official.

The USPTO contemplates and award of a Blanket Purchase Agreement (BPA) and reserves the right of awarding no more than two (2) BPAs.

Transcription Services

The Contractor shall provide support services in terms of expertise and professional assistance for the following court reporter activities as detailed here.

a. The Contractor shall transcribe all events, deposition and hearing proceedings verbatim.

Form # USPTO-OP-020 (08/2020) Page 3 of 9

b. The Contractor shall create and maintain an electronic dictionary with parts of words, entire words, or terminology specific to the proceeding, program, or event.

c. The Contractor shall have expert knowledge of legal terminology and appellate procedures.

d. The Contractor is responsible for accurate identification of proper names and places.

e. The Contractor shall ensure that the record or testimony is accurate and complete.

f. The Contractor shall attend and support virtual/remote hearings and events as well as telephonic and Video Telecommunication Calls (VTC), as required by the Government.

g. 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 Contracting Officer (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.

h. If after notice of a proposed hearing, the Contractor does not appear at the time and place specified for the hearing, the Contracting Officer (CO) will hold the contractor responsible for finding a substitute for the hearing. The Contractor may be responsible for the reimbursement to the USPTO for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Statement of Work. The Government may deduct such expenses from any other sums due or that may become due the Contractor.

i. The Contractor shall be fully responsible for loss or damage to materials associated with this SOW while in the contractor’s care and custody. The contractor shall keep accurate records of the materials picked up from the government or received from a claimant associated with a hearing or claim. The listing shall include a list of materials, the status of the assignment, and the case number assigned by the government.

j. The Contractor shall comply with USPTO’s reporting requirements as defined under Deliverables Section.

Period of Performance

The period of performance (PoP) consists of a base year and four (4) option years.

Period: PoP Start PoP End Base year 2/1/2023 1/31/2024 Option Period 1 2/1/2024 1/31/2025 Option Period 2 2/1/2025 1/31/2026 Option Period 3 2/1/2026 1/31/2027 Option Period 4 2/1/2027 1/31/2028

Form # USPTO-OP-020 (08/2020) Page 4 of 9

Place of Performance

The locations where depositions, hearings, and proceedings typically occur are:

USPTO,

Midwest Regional Office 300 River Place South, Suite 2900 Detroit, MI 48207

USPTO, Silicon Valley Office 345 Middlefield Road Building One, Second Floor Menlo Park, CA 94025

USPTO, Rocky Mountain Regional Office 1961 Stout Street Denver, CO 80294

USPTO

Madison Building 600 Dulany Street Alexandria, VA 22314

USPTO, Texas Regional Office Terminal Annex Federal Building 207 S. Houston Street Dallas, TX 75202

Furthermore, contract performance may be required at locations within the Washington D.C. Metro area and continental United States as required by opposing counsel or administrative law judges. As travel is not reimbursed under this award, BPA Holders may decline a call in a location where they are unable to provide a reporter. In such cases, a minimum of three days advance notice will be required.

Scheduling

Whenever possible, the USPTO will notify the Contractor of the requirement for attendance at a deposition or hearing no later than two (2) calendar days before the scheduled session. Each request will set forth the date, place, time of the session, and any additional information that may assist the reporter.

The Contractor shall send an email to the designated ordering official confirming that all hearings/depositions have been booked with court reporters.

The Contractor shall contact the designated ordering official and provide final confirmation of the court reporter two (2) days in advance of the scheduled session and provide the name of the court reporter that will be performing the service.

Form # USPTO-OP-020 (08/2020) Page 5 of 9

In some instances, arbitrations, depositions, and hearings may be cancelled or waived as agreed upon between both parties. There may also be rare instances where short-notice is required to request court reporter services and/or extend the length of arbitrations, depositions, and hearings. Short notice is defined as the business day prior or the same day in which the reporter is needed.

Ordering Procedures

Ordering Procedures shall be in accordance with the Contractor’s proposal, as negotiated and agreed upon.

Cancellation

Services may be cancelled by the USPTO at any time up to 24 hours prior to the scheduled hearing without a cancellation fee being incurred. If a notice of cancellation of a hearing and/or deposition is not received by the Contractor, from the Government, prior to 48 hours the business day proceeding the day of the schedule hearing, the Contractor shall be reimbursed a cancellation fee. This charge may be applied only once per location site, per day, when all hearings scheduled for that site have been cancelled.

Deliverables

Unless otherwise stated, transcripts of depositions and/or hearing shall be delivered within the timeframe(s) set forth below.

a. Hearing Documents

The designated ordering official may request the Contractor to submit one (1) or more soft copies of the transcripts (in proper format) attached to an email (Microsoft Office 2010 version or later), and/or one or more hard copies via regular or expedited mail.

All documents shall be prepared, proofread, quality checked, and delivered within the specified timeframe (one (1), two (2), five (5) or seven (7) business days) as requested by the designated ordering official.

Additional compensation will not be provided to the Contractor for early deliveries.

Transcripts shall be prepared in accordance with the guidance provided in Attachment (1) and the sample templates in Attachments (2-3) of this document. Improperly formatted documents will not be accepted.

The Contractor shall submit recordings to the designated ordering official, as required.

b. Corrected Documents

The Government will request from the Contractor, at no additional cost, corrected documents when errors are discovered. The designated ordering official may request the Contractor to submit one (1) or more soft copies of the transcripts (in proper format) attached to an email (Microsoft Office 2013 version or later), and/or one or more hard copies via regular or expedited mail, which accurately reflect the full and complete verbatim record of the proceeding where errors attributed to the contractor’s performance appear in the transcript (i.e., those which can obscure the meaning of the testimony, but not including

Form # USPTO-OP-020 (08/2020) Page 6 of 9 typographical errors or misspelling, if the intended meaning is clearly evident, such as “thier” for “their” or “teh” for “the” etc.) the government may require the contractor to immediately correct such errors and furnish the corrected transcript within two (2) business days after receipt of notification and without additional cost to the government. The government also reserves the right to request audio of the proceeding when errors are identified, which shall be provided within 3 business days of request.

c. Re-Hearing/Documents

Should the contractor cause the government to re-hear any case or hearing or other proceeding, the designated ordering official may request the Contractor to submit the audio recording of the proceeding, in addition to one (1) or more soft copies of the transcripts (in proper format) attached to an email (Microsoft Office 2013 version or later), one (1) or more hard copy, and/or both at no cost to the government. All documents shall be prepared, proofread, quality checked, and delivered by close of business (COB) five (5) business days after the hearing to the designated ordering official.

In addition, the contractor shall be liable for all government expenses, claimant expenses and attorney fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

• Contractor’s loss of original recordings, transcripts or photocopies

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

• Contractor submits of products to the Government in such poor condition as to be unusable.

• Contractor’s attempted use of electronic recording equipment that fails to produce complete, accurate reporting, recording, and/or transcripts of the proceeding.

• Failure of the Contractor to deliver transcripts within the specified timeframe determined by the designated ordering official after a hearing.

d. Kick Off Meeting- Within two weeks of award; virtual/remote.

The Government will host the kick-off meeting. The purpose of the meeting will introduce points of contacts from the Government and Contractor. The Government will go over the contract requirements and will answer questions presented by the Contractor. Five days after the kick-off meeting, the Contractor shall provide a list of their points of contacts.

e. Monthly Status Report.

The contractor shall provide to the COR, by the 10th of the month, a monthly status report for the previous month, via email. The report shall contain the following data:

• Name of Contractor, Unique Entity Identifier (UEI), invoice number and invoice date.

• BPA Number

• Date of Order

• Job Number and Title

Form # USPTO-OP-020 (08/2020) Page 7 of 9

• Itemized list of services furnished

• Quantity, unit price, and extension of each item, less applicable discounts

• Date of Order Fulfillment

Quality Control Plan (QCP)

The contractor shall include a detailed description of the Offeror’s surveillance and inspection system and how those surveillance and inspection systems will ensure services are performed in accordance with the performance objectives identified within this BPA and identify procedures to ensure complete, accurate, and security of legal record(s). The plan should also include provisions for any necessary remedial action plans.

Performance Standards

The COR, in conjunction with feedback from the authorized ordering official(s), will monitor performance in accordance with Section 3 of this BPA, and as summarized in the table below:

Description

Performance Standard Frequency of Review Method of

Review Acceptable Quality

Level

Deduct Schedule

Original / E-Transcripts Within (5 or 7 Business Days) unless otherwise requested, according to order

Monthly 100% Inspection

100% 2% for each day late

Corrected Document 2 Business Days Completion

Monthly 100% Inspection

100% 2% for each day late

Re-Hearing 5 Business Days Completion

Monthly 100% Inspection

100% 5% for each day late

1st Corrective Action– Returned

2 Business Days from notification

Each submission

100 % Inspection

4-5 typographical errors

0% of each error

2nd Corrective Action- Returned

2 Business Days from notification

Each submission

100% Inspection

100% 2% of total invoice

Stenographer check in with Hearings Team member to confirm connectivity

At least 30 minutes prior to each scheduled session

Each session

100% Inspection

100% 5% of Reporting and Administrative fee for each occurrence

Form # USPTO-OP-020 (08/2020) Page 8 of 9

Special Requirements

Travel

No travel expenses will be reimbursed under this BPA or its associated calls.An “administrative fee” is allowable for additional costs associated with court reporting services outside of the DC Metro area only. In addition, the contractor shall be available to conduct remote/virtual hearings from any location in the event that travel is restricted or prohibited.

BACKGROUND INVESTIGATION

Background investigations and fingerprinting must be conducted and favorably adjudicated for each contract employee prior to commencing work. Contract employee(s) must make an appointment with USPTO’s Office of Security and Safety to start background investigation and fingerprint check prior to receiving photo ID badge.

The Awardee shall furnish USPTO’s Office of Security and Safety, via encrypted email, with the following information to obtain a photo ID badge for all contract employees who will be assigned regularly to this contract:

a. Name of Contract

b. Name of Company

c. Name of Individuals

i. Date of Birth

ii. Place of Birth

iii. Last 5 digits of Social Security Number

d. Expiration date of the Contract

Additional Documentation (If Applicable)

Attachment 1- APPENDIX A for Court Reporters 4-8

APPENDIX A for

Court Reporters 4-8.p

Attachment 2- COURT REPORTING - SAMPLE PTAB TRANSCRIPT

COURT REPORTING -

SAMPLE PTAB TRANS

Attachment 3- SO_OED Transcript Caption Template

Form # USPTO-OP-020 (08/2020) Page 9 of 9

SO_OED Transcript Caption Template.pdf