USDC-EDPA-25-04 RFQ.pdf

George Wylesol CLERK’S OFFICE

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

US COURTHOUSE

601 MARKET STREET

PHILADELPHIA, PA 19106-1797

Request for Quotation

CLERK OF COURT

ROOM 2609

RFQ Number:

Request Date:

To: Bidders List

Special Notes:

This is a request for Open Pricing

All items should be quoted F.O.B. Destination

Submit a quotation by using the attached quote sheets. All quotes are due by March 6 @ :00pm est. Questions about the RFQ must by submitted by February 26th, 2025 by

3pm.

A fixed price award from this RFQ will be made based on the lowest priced, technically Acceptable offer. ( - March 31st, 2026) and ption years

Quotes and questions concerning this RFQ should be addressed to Jordan Todd at

United States District Court, EDPA Clerk’s Office 601 Market Street Suite 2609 Philadelphia, PA 19106-1797 215-300-8447 voice Jordan_Todd@paed.uscourts.g

Sincerely, Procurement Specialist

Sincerely, JordanTodd Highlight

SECTION B - SCHEDULE AND CERTIFICATIONS

Section B.1 Schedule and Prices

Item Description Unit Prices

B.1 Transcription Services – Rate must not exceed maximum rates established by the court per attachment J.3** Base Yr Option Yr 1 Option Yr 2

201 $_____ /page $_____/page $_______/page

201a $_____ /page $_____/page $_______/page

201b

30 day - Original

*First transcript Copy

Each additional Copy to the same party $_____ /page $_____/page $_______/page

202 $_____ /page $_____/page $_______/page

202a $_____ /page $_____/page $_______/page

202b $_____ /page $_____/page $_______/page

203 $_____ /page $______/page $_______/page

203a $_____ /page $______/page $_______/page

203b $_____ /page $______/page $_______/page

204 $_____/page $______/page $_______/page

204a $_____/page $______/page $_______/page

204b $_____/page $______/page $_______/page

205 $_____ /page $______/page $_______/page

205a $_____ /page $______/page $_______/page

205b $_____ /page $______/page $_______/page

206 $_____ /page $______/page $_______/page

206a $_____ /page $______/page $_______/page

206b

14-Day Transcript - Original *

First Copy

Each additional Copy to the same party

7 day - Original

* First Copy

Each additional Copy to the same party

3-Day Transcript – Original *

First Copy

Each additional Copy to the same party

Next Day - Original *

First Copy

Each additional Copy to the same party

2 Hour - Original

* First Copy

Each additional Copy to the same party $_____ /page $______/page $_______/page

* Includes copy to be filed with the Clerk of Court at no additional charge to the ordering party or the court.

** Transcript rates proposed greater than Judicial Conference or Court authorized rates will be deemed technically unacceptable.

***Daily- A transcript to be delivered on the calendar day following receipt of the order (regardless of whether that calendar day is a weekend or holiday - prior to 9 am) ****Hourly - A transcript of proceedings to be delivered withing two hours from receipt of order.

SECTION B - SCHEDULE AND CERTIFICATIONS

Section B.1 Schedule and Prices

Item Description Unit Prices

B.1 Transcription Services – Rate must not exceed maximum rates established by the court per attachment J.3** Option Yr

201 $_____ /page $_____/page

201a $_____ /page $_____/page

201b

30 day - Original

*First transcript Copy

Each additional Copy to the same party $_____ /page $_____/page

202 $_____ /page $_____/page

202a $_____ /page $_____/page

202b $_____ /page $_____/page

203 $_____ /page $______/page

203a $_____ /page $______/page

203b $_____ /page $______/page

204 $_____/page $______/page

204a $_____/page $______/page

204b $_____/page $______/page

205 $_____ /page $______/page

205a $_____ /page $______/page

205b $_____ /page $______/page

206 $_____ /page $______/page

206a $_____ /page $______/page

206b

14-Day Transcript - Original *

First Copy

Each additional Copy to the same party

7 day - Original

* First Copy

Each additional Copy to the same party

3-Day Transcript – Original *

First Copy

Each additional Copy to the same party

Next Day - Original *

First Copy

Each additional Copy to the same party

2 Hour - Original

* First Copy

Each additional Copy to the same party $_____ /page $______/page

* Includes copy to be filed with the Clerk of Court at no additional charge to the ordering party or the court.

** Transcript rates proposed greater than Judicial Conference or Court authorized rates will be deemed technically unacceptable.

***Daily- A transcript to be delivered on the calendar day following receipt of the order (regardless of whether that calendar day is a weekend or holiday - prior to 9 am) ****Hourly - A transcript of proceedings to be delivered withing two hours from receipt of order.

SECTION C - STATEMENT OF WORK

C. Work Statement and Specifications

The United States District Court for the Eastern District of Pennsylvania has a requirement for transcription services at the following locations:

United States District Court Eastern District of Pennsylvania

C.1 Introduction

In accordance with the statute, 28 U.S.C § 753(g): Each session of the court and every other proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, mechanical means, electronic sound recording, or any other method, subject to regulations promulgated by the Judicial Conference and subject to the discretion and approval of the judge.

2 Definitions

Contractor - Individual/entity to whom the contract is awarded. May also be the transcriber if the contractor is an individual who also transcribes. The contractor may have other transcribers working for him/her either as employees or subcontractors. The Service Contract Act and attached wage determination

Transcribers - Individual who is actually producing the record. May also be the contractor (see “Contractor” above). The contractor is ultimately the responsible entity.

3 Scope of Work

C. 3.a

C. 3.b

Only those transcribers listed in Attachment J.2 (added at award) are authorized to perform transcribing services; any substitutions or additions shall be in accordance with Special Contract Clause H.3. The Contractor shall provide transcribers who perform transcription services in accordance with 28 U.S.C. § 753 (Attachment J.1), with the policies of the Judicial Conference of the United States as described herein, and with the terms of this Contract. The Court estimates that a minimum of (2) two transcriber will be required to be available at any given time to fulfill these requirements. (Note:

The Government does not guarantee any particular level of effort under this contract, nor does it guarantee that the minimum estimated number of transcribers will actually be needed.)

In the event that the court's total requirement at any given time for contract transcribers exceeds the minimum number estimated under paragraph C.3.a above, the Contracting Officer will make such requirement known to the contractor. The contractor shall be under no obligation to accept such an order; if the contractor does agree to satisfy the requirement, all terms and conditions of this contract shall apply.

C.4 Equipment

The Contractor shall provide all supplies and equipment necessary to carry out the transcription services described herein.

C.5 Statement of Work

C. 5.a

C.6 Transcripts

C. 6.a

Duties of Transcriber Working Under the Contract

The Transcriber shall, when requested by a party or a judge, produce transcripts of court proceedings following the fee, format, and delivery requirements as stated in this contract. The Transcriber shall also deliver a certified copy of the transcript to the Clerk of Court for the records of the court; and when requested by a party to the case, the Transcriber shall redact the transcript of personal identifiers as directed by the contract under C.6.i and deliver a certified redacted transcript to the Clerk of Court.

In accordance with the statute at 28 U.S.C. § 753(b): A Transcriber designated to produce the record must transcribe and certify such parts of the record of proceedings as may be required by any rule or order of the court, (including all arraignments, pleas, and proceedings in connection with the imposition of sentence in criminal cases that have been recorded by electronic sound recording and filed with the clerk). A transcriber must also transcribe any proceeding which is ordered by a party or the public who has agreed to pay the appropriate fee, or by a judge of the Court. The Transcriber shall promptly review all materials provided by the courts transcribe the original records of the requested parts of the proceedings, attach to the transcript his/her official certification, and deliver the transcript to the party or judge making the request.

The transcriber must also promptly deliver to the clerk for the records of the court a certified copy of any transcript provided to parties or to a judge in a medium (paper or electronic) prescribed by the clerk. If a HARD COPY of the transcript is required, it will be outlined on the TPO form and corresponding email at time of order.

Following the redaction requirements under C.6.i, the transcriber is required to provide a redacted transcript to the clerk of court for the records of the court. The contractor shall send two copies of all transcripts to the courts. One copy is for the ordering party and the second copy is for the courts. The contractor shall attach PAED_Transcribers@paed.uscourts.gov when sending out completed orders to any parties. This includes both original and copies of transcripts so that we may verify that work was completed within the time requested.

A transcript in any case certified by the transcriber or other individual designated to produce the record is deemed prima facie a correct statement of the testimony taken and of the proceedings. Only transcripts of the proceedings of the court made from the records certified by the transcriber or other individual designated to produce the record are considered as official.

Transcript orders shall be in writing. Upon request of a party or order of Court, the transcriber shall prepare accurate, written transcript which shall constitute a full and verbatim transcription of the record of the proceeding, or that portion of the proceeding ordered. The Contractor shall only accept transcript purchase order forms provide by the USDC-EDPA Transcription Department and NOT directly from the ordering party.

C. 6.b

C. 6.c

C. 6.d

Transcripts for appealed cases proceeding under the Criminal Justice Act (CJA) or in forma pauperis are processed through the Contracting Officer and shall be ordered on the form specified by the Contracting Officer, with a CJA 24 attached as appropriate.

Transcripts required by the district courts may be ordered on Standard Form 1034 -Public Voucher for Purchases and Services Other Than Personal (Attachment J.4), on AO 435 - Transcript Order form (Attachment J. ), or on any other formprovided by the Contracting Officer. These forms also serve as vouchers authorizing payment to the Contractor for transcripts prepared.

The original notes or other original records and the copy of the original or redacted transcript in the office of the clerk are available during clerk’s office hours to inspection by any person without charge.

All Transcripts should be put in in the front. If a contractor is assigned a Jury Trial, the Voir Dire/jury selection portion, if ordered should be under a separate cover page. Voir Dire do require a PDF file. The Contractor shall notify the courts if they transcribe a hearing and come across sealed portion that is not noted on the TPO (transcriber purchase order). All sealed portion transcribed under a separate cover.

PDF files are needed for under seal cases. The cover sheet should have the name, address and phone number of the transcription service. The contractor shall not label the multi-day trial as volume, the contractor shall just date it.

Copyright - Transcripts produced from records of proceedings in United States courts are in the public domain and are not protected by copyright. The Contractor shall not include any statement or symbol on a transcript that would lead one to believe the transcript is protected by copyright. Because transcripts are in the public domain, they may be used, reproduced, and distributed by attorneys, parties, and the general public without limitation and without additional compensation to the Contractor.

Copy to the Court - The Contractor shall deliver one (1) certified copy in a medium prescribed by the clerk (paper or electronic) of each transcript prepared under each transcript order to the clerk for the public records of the Court, without charge, at the time of delivery to the ordering party (but not later than three (3) working days after delivery to the requesting party). Delivery shall take place upon physical receipt of the transcript by the clerk or his/her designee. The contractor shall bear sole responsibility for ensuring delivery to the Court. The contractor shall not charge for certification page without transcript text. All original transcripts are to be emailed to PAED Transcribers web page at PAED_Transcribers@paed.uscourts.gov

A transcript will be made electronically available to the public 90 days after delivery of the transcript to the clerk of court. During the 90 day period, any attorney to the case who has paid for a transcript must also be given access to the electronic record in the court’s Case Management/Electronic Case Filing system, and the contractor will have to advise the clerk of court of any party who has purchased the transcript.

Redacted transcripts, as delineated in section C.6.i below, must be delivered to the clerk of court within calendar days from receipt of a Redaction Request from the attorneys to a case and must be delivered in a medium prescribed by the clerk.

Delivery classifications - transcript must be delivered to the ordering party within thirty (30) calendar days after an order has been received and satisfactory financial arrangements have been made. The relevant rates pspecified under Section B.1. shall apppppply.yy TTranscranscribersribers mmaayyyy ppprovidprovide e 14-da14-day,y,y,y, ,,,, 33 da d ayyyy o orr

,, aat t ththe e rrequestequest ooff tthe partiehe partiess whenwhenever ever posspossible, ible, bubutt aare nre notot rrequiredequired to to do do so.so. The time period for delivery of transcripts begins once an order has been received and satisfactory financial arrangements have been made. The delivery schedule for each of these categories is as follows:

14-Day - Within fourteen (14) calendar days.

- Within seven (7) calendar days.

- Following adjournment and prior to the normal opening hour of the Court on the following morning, whether or not it actually is a Court day.

3-Day - Within Three (3) calendar days.

- Ordered under unusual circumstances, delivered within two (2) hours.

C. 6.e In accordance with Rule 10(b)(1), Federal Rules of Appellate Procedure:

Within 10 days after filing the notice of appeal or entry of an order disposing of the last timely remaining motion of a type specified in Rule4(a)(4)(A), whichever is later, the appellant must either order from the transcriber a transcript of such parts of the proceedings not already on file as the appellant considers necessary or file a certificate stating that no transcript will be ordered. The transcript order or certificate must be in writing and a copy must be filed with the clerk of the district court or the bankruptcy appellate panel within the same time period.

In accordance with Rule 10(b)(4), Federal Rules of Appellate Procedure:

At the time of ordering, a party must make satisfactory arrangements with the transcriber for payment of the cost of the transcript.

In accordance with Rule 11(b), Federal Rules of Appellate Procedure:

Upon receipt of a transcript order, the transcriber shall acknowledge in the appropriate space on the face of the order, receipt of the order and the date the transcript will be completed and shall transmit the order to the clerk of the court of appeals. If the transcript cannot be completed within 30 days of receipt of the order, the transcriber shall request an extension of time from the clerk of the court of appeals and the clerk's decision shall be entered on the docket and the parties notified. If the transcriber fails to file the transcript within the time allowed, the provisions of Clause G.4. “Delinquent Transcripts,” shall apply. Upon completion of the transcript, the transcriber shall file it (within 3 working days after delivery to the requesting party) with the clerk of the district court, and shall notify the clerk of the court of appeals that the transcript has been completed and filed with the District Court.

C. 6.f Fees - transcribers may charge and collect fees for transcripts requested by the parties, including the United States, at the rates which are set forth in the Schedule.

The contractor agrees not to add any transcript surcharges or service fees to the schedule rates. The transcriber may not charge a fee for any copy of a transcript delivered to the clerk for the record of the Court or for a redacted transcript delivered to the Clerk of Court. The transcriber may require any party requesting a transcript to prepay the estimated fee in advance except transcripts that are to be paid for by the United States. The maximum rates and delivery times for original transcripts and copies approved in the District Court for the Eastern District of Pennsylvania are at Attachment J.3. The Court shall have no liability to the Contractor for payment of transcript fees for transcript ordered by private parties.

Postage costs are considered an ordinary business expense; therefore, the contractor may not charge for ordinary postage. However, when the party requests accelerated delivery, the contractor may bill the party for the difference between ordinary

C. 6.g postage costs and the cost for expedited delivery. The contractor is not to charge for postage and handling.

In multi-defendant cases involving Criminal Justice Act (CJA) defendants, the contractor shall produce no more than one transcript on behalf of CJA defendants.

The appointed counsel or the clerk of Court will ordinarily arrange for the duplication, at commercially competitive rates, of enough copies of the transcript for each of the CJA defendants for whom a transcript has been approved; this policy does not preclude the furnishing of duplication services by the Contractor at the commercially competitive rate. In individual cases involving requests for accelerated (14-day, expedited, daily,3 day or hourly) transcript services, the Court may grant an exception to this policy based upon a finding that application of the policy will unreasonably impede the delivery of accelerated transcripts to persons proceeding under the CJA. Such finding shall be reflected on the transcript voucher.

Apportioning the total cost of accelerated transcript services equally among parties is prohibited unless approved in advance by the Court. In those cases where accelerated transcript services are provided, the party from whom the request originated shall pay for the original, and if the requesting or ordering party is other than defense counsel appointed under the CJA, the CJA counsel shall be entitled to a copy at the regular copy rate (see Attachment J.3). No other fees may be charged, except those allowed under this contract.

The transcriber (or firm) is required to certify on each invoice that the fee charged, and the page format used, conform to the requirements of this contract and to the regulations of the Judicial Conference. The certification should include the following: “I certify that the transcript fees charged, and page format used comply with the requirements of this court and the Judicial Conference of the United States.”

There are sanctions for overcharging parties or the court for transcripts. Those sanctions may include offsets against future government payments, termination of the contract, and/or other available legal remedies.

Format - The Judicial Conference prescribes transcript format standards in order to assure that each party is treated equally throughout the country. It is mandatory that these format requirements are followed. The maximum per-page transcript rates are based on a strict adherence to the prescribed format. Volume 6, Chapter 5, § 520, Guide to Judiciary Policy, The contractor shall provide the cover sheet with full caption of the case.

(1) Criminal Case: United States of America v. John Doe CR (year) - (case number) - (defendants)

(2) Civil case: John Doe v. Jane Doe CV (year) - (case number)

The Contractor indicate the type of proceeding on the cover. (Ex: Change of Plea, Sentencing, Preliminary Injunction, etc.) If submitting a partial transcript, the contractor shall indicate on the cover what portion of the proceeding is included within. (Ex: A.M. Session; P.M. Session, Deft testimony, etc.)

C. 6.h Report of Orders Received - The Contractor will be required to provide to the Contracting Officer monthly records and reports relating to the type and amount of transcripts ordered and produced and fees charged.

C. 6.i Redaction of Transcripts- In order for the Clerk of Court to post the transcript on the court’s electronic public access system, the parties to the proceeding will have to consider whether it is necessary to request a redaction of any personal identifiers.

If redaction is necessary, an attorney must file a Notice of Intent to Redact with the clerk within seven calendar days of the certified transcript being delivered to the clerk of court; the attorney then has 21 calendar days, from the delivery of the certified transcript to the clerk of court, to specifically submit a Redaction Request noting the page numbers and the line numbers where redaction is required. The contractor has 10 calendar days from receipt of a Redaction Request from the attorneys to a case to redact the transcript and deliver the redacted transcript to the clerk of court in the electronic medium prescribed by the clerk.

The following personal identifiers may be redacted by a transcriber upon the request of an attorney to a case and without a court order:

• Social Security numbers (or taxpayer identification numbers) to the last four digits;

• financial account numbers to the last four digits;

• dates of birth;

• individuals known to be minor children to the initials; and

• in criminal cases, any home addresses stated in the court to the city and state.

All other requests for redaction of material in a transcript must be submitted by an attorney to the case to the judge. Upon approval of the judge, the transcriber may need to redact additional transcript language. The contractor does not have a responsibility to identify personal identifiers in a transcript; that is the responsibility of the attorneys to the case.

To manually redact a transcript, the transcriber will place an “x” in the space of each redacted character; or, in the alternative, software that provides for redaction may be used as long as the page and line integrity from the original transcript is maintained in the redacted transcript. The title page of the transcript should indicate that it is a redacted transcript immediately below the case caption and before the Volume number and the name and title of the Judge. A notation of “REDACTED TRANSCRIPT” should be inserted on a blank line on the title page, and care should be taken to ensure that the addition of this text does not cause changes to the length of the title page. Also, at the end of the transcript, and without causing “page roll over” (a smaller font may be used) the redacted transcript should be certified by the transcriber stating: “I (we) certify that the foregoing is a true and correct copy of the transcript originally filed with the clerk of court on dy/mo/year, and incorporating redactions of personal identifiers requested by the following attorneys of record: ______________________________________________ in accordance with Judicial Conference policy. Redacted characters appear as an “x” (or a black box) in the transcript.”

There is no requirement that any of the parties to the case purchase or be provided with a copy of any redacted transcripts. The parties to the case shall not be charged for the redacted transcript provided to the clerk of court. The parties to the case may only be charged for a copy of a redacted transcript if they specifically request a copy of the redacted transcript.

C.7 Packaging and Marking

C.7.a The transcriber shall certify and mark the original notes and other original records with the following information:

“In accordance with 28 U.S.C. § 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of Pennsylvania before __(Judicial Officer)______ on ___(Date)_______ by _____(Signature of Transcriber)_____.”

C.7.b When mailing is requested, packaging of transcripts shall be in accordance with best commercial practices. The Contractor shall pack to ensure carrier acceptance and to ensure safe delivery. The Contractor shall not charge for postage and handling.

C.7.c The Contractor shall clearly mark all packages with the legend “Transcript of Proceedings” and include a notation if the proceeding is “Under Seal.” All packages (delivered by any means) shall bear the name, address, and title of the person to whom it is to be delivered, as well as the name and return address of the sender. Failure to do so may constitute grounds for refusal of delivery, with any resulting delinquency being the responsibility of the Contractor. The Contractor may not include any statement or symbol on a transcript that would lead one to believe the transcript is protected by copyright.

SECTION D – PACKAGING AND MARKING

D.1 The Transcriber shall certify and mark the original notes and other original records as detailed in C.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 B-5 Clauses Incorporated by Reference (SEPT 2010)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement/aspx.

NUMBER TITLE DATE

2-5B Inspection of Services APR 2013

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Delivery Acceptance

Delivery of transcripts as detailed in Section C.6, shall be considered complete upon acceptance by the Government Contracting Officer, via approval of the contractor's invoice for payment. Payment for services rendered shall not be made until acceptance by the Contracting Officer.

F.2 Legal Requirements and Permits

The contractor shall be responsible for all necessary licenses, permits and fees, and conform to all laws, regulations, and ordinances applicable to performance under this contract.

SECTION G - CONTRACT ADMINISTRATION

1 Invoices

The Contractor shall submit (2) two original signed and dated invoices and a copy of the TPO (transcript purchase order) for all transcript orders by the Court, only after delivery of the original transcript to the Court and a certified copy to the clerk of Court. The original invoice shall be submitted to the Contracting Officer or his/her designee within 45 days after delivery of the transcript and NOT to direct Judge’s Chambers. The Contractor shall direct all invoices for orders requested by a Judge’s Chambers directly to U.S. District Court, Transcription Department.

The Contractor shall send invoices for copy work to PAED Transcribers web page at PAED_Transcribers@paed.uscourts.gov

The Contractor shall submit (2) two original signed and dated invoices and a copy of the TPO (transcript purchase order) for the transcript ordered by private parties directly to the ordering party and may require payment in full before releasing the transcript. A copy of the invoice shall also be provided to the Contracting Officer and NOT to direct Judge’s Chambers.

Each Invoice for transcribing services shall contain the following information: (i) the tax id number, (ii) the invoice number(s), (iii) the name of the Presiding Official, (iv) number of actual pages of transcripts, (v) clearly signed and dated, (vi) turnaround time requested, costs charged.

Each invoice for transcript shall contain the following information:

Tax id number, the Transcript Order number, the invoice number, the name of the proceeding and its docket number, the name of the Original Transcript Recipient, the kind of transcript, the number of pages of transcript, turnaround time requested, and costs charged, clearly signed and dated.

In the event the Contractor fails to include any credit or other deduction on an invoice, the Government may compute the credit and effect a set off and reduce the payment accordingly.

Each invoice should include invoice number, case name and case number, ordering party’s name and address, turnaround time, page count, rate and cost. The invoice to the ordering party on the TPO (transcript purchase order)

For Judge’s chambers ordering please also invoice to following (Do NOT address invoices directly to Judge ):

United States District Court ATTN: Transcription Department 601 Market Street Philadelphia, PA 19106

(ii) For CJA Orders invoices the contractor shall list the complete and full address of the CJA Attorney on them (This information will be located on the court supplied docket sheet with each order)

G.2 Delinquent Transcripts

(a) The transcriber may charge only 90 percent of the prescribed fee for transcript of a case on appeal not delivered within 30 days of the date ordered and payment received. For a transcript not delivered within 60 days of the date ordered and payment received, the transcriber may charge only 80 percent of the prescribed fee. No fee may be charged which would be higher than the fee corresponding to the actual delivery time.

(b) The Contracting Officer may grant a waiver of the above price reduction upon the written petition of the transcriber stating that the transcriber did not receive timely notice of the transcript order and/or satisfactory financial arrangements were not made.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 B-5 Clauses Incorporated by Reference (SEPT 2010)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address http://www.uscourts.gov/procurement.aspx

NUMBER TITLE DATE

1-1 Employment by the Government JAN 2003

H.2 Confidentiality and Classified Data - AOUSC 2003

(a) The Government and Contractor agree that neither expects the performance under this contract to involve transcribing or handling of classified information or materials. Either party shall notify the other promptly in writing if the expectation of that party changes, and shall include in the notice reasons therefore. If there are sealed records, in camera proceedings or grand jury matters, the Contractor shall consult with the Contracting Officer as to the proper safeguarding, security, and secrecy of the transcript orders.

(b) The Contracting Officer will advise the Contractor whenever the Government places a transcribing Services Order for a proceeding which will require the transcribing of classified information or materials. The Contractor shall have the right to decline to provide a transcriber, in which event such services shall be outside the scope of this contract.

(c) The Contractor shall hold inviolate and in strictest confidence any and all information of an official nature not for inclusion in the transcript, any information which the Presiding Judicial Official designates as “off the record” and all classified information and material.

(d) The Contractor shall classify, safeguard, and otherwise act with respect to all classified information and material in accordance with applicable law and requirements of the Contracting Officer. The Contractor shall not permit any individual to have or gain access to the classified information or material without written permission of the Contracting Officer, except as access may be necessary for authorized employees of the Contractor to perform transcription services under this contract.

(e) Not withstanding any other provision of this contract, the Contractor may deliver transcript containing classified material or information only to the Government. The Contractor shall never sell or deliver such transcript to a private person without the express written permission of the Contracting Officer. Notwithstanding any other provision of this contract, the Contractor shall never keep a copy of a transcript containing classified material or information after the delivery of the original transcript to the Contracting Officer.

H.3 Clause 2-65, Key Personnel - (APR 2013)

(a) Individuals identified in attachment J.2 as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the individuals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitutions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel become unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability, If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substitute is required, the contractor shall as soon as is practical identify who will be performing the work as a temporary substitute. The temporary substitute will then start performance on a date mutually acceptable to the contracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officers approval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessitating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute’s qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum, resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held including specific experience related to the requirements of this contract;

(f) and certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certification).

(7) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

SECTION I - CONTRACT CLAUSES

Provision B-1, Solicitation Provisions Incorporated by Reference Solicitation Provisions Incorporated by Reference (SEP 2010)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx.

I.1 B-5 Clauses Incorporated by Reference (SEPT 2010)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx

NUMBER TITLE DATE

1-10 Gratuities and Gifts JAN 2010

1-15 Disclosure Of Contractor Information To The Public

AUG 2004

2-57 Protecting, Reporting and Responding to Incidents Involving Sensitive Information.

JUN 2024

3-25 Protecting the Judiciary’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed Debarment

MAR 2019

3-30 Certificate of Independent Price Determination JAN 2003

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor sales of the Judiciary JUN 2014

3-55 Price or Fee Adjustment for Illegal or Improper Activity

JUN 2012

3-85 Explanation to Prospective Offerors AUG 2004

3-95 Preparation of Offers APR 2014

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-160 Service Contract Act of 1965, as Amended MAR 2019

3-205 Protest After Award JAN 2003

3-210 Protests JUN 2014

4-1 Type of Contract JAN 2003

7-1 Contract Administration JAN 2003

7-5 Contracting Officer’s Technical Representative APR 2013

7-10 Contract Representative JAN 2003

7-20 Security Requirements APR 2013

7-25 Indemnification AUG 2004

7-30 Public Use of the name of the Federal Judiciary JUN 2014

7-35 Disclosure or Use of Information APR 2013

7-60 Judiciary-Furnished property or Services JAN 2004

7-70 Judiciary Property Furnished “As Is” APR 2013

7-85 Examination Of Records JAN 2003

7-100B Limited of Liability JAN 2003

7-110 Bankruptcy JAN 2004

7-115 Availability Of Funds JAN 2003

7-125 Invoices APR 2011

7-130 Interest JAN 2003

7-135 Payments APR 2013

7-140 Discounts For Prompt Payment JAN 2003

7-150 Extras JAN 2003

7-175 Assignment Of Claims JAN 2003

7-185 Changes APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification Of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary JAN 2003

7-223 Termination For The Convenience Of The Judiciary (Short Form)

AUG 2004

7-230 Termination For Default (Fixed Price- Products And Services)

JAN 2003

7-235 Disputes JAN 2003

(a) Transcript Orders

(1) Transcript orders shall be in writing. Upon request of a party or order of Court, the transcriber shall prepare accurate, written transcript which shall constitute a full and verbatim transcription of the record of the proceeding, or that portion of the proceeding ordered. The Contractor shall only accept transcript purchase order forms provide by the USDC-EDPA Transcription Department and NOT directly from the ordering party.

Transcripts required by the district courts may be ordered on Standard Form 1034 - Public Voucher for Purchases and Services Other Than Personal (Attachment J.4), on AO 435 - Transcript Order form (Attachment J. ), or on any other form provided by the Contracting Officer. These forms also serve as vouchers authorizing payment to the Contractor for transcripts prepared.

Transcripts for appealed cases proceeding under the Criminal Justice Act (CJA) or in forma pauperis are processed through the Contracting Officer and shall be ordered on the form specified by the Contracting Officer, with a CJA 24 attached as appropriate.

I.3 Clause 2-90D, Option to Extend the Term of the Contract - (APR 2013)

(a) The judiciary may extend the term of this contract by written notice to the contractor within 30 calendar days prior to the then current expiration date of this contract; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the judiciary to an extension.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

( c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed months.

I.4 Clause 2-90C, Option to Extend Services - (APR 2013)

The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor within 60 calendar days prior to the then current expiration date of this contract.

I.5 Clause 7-120, Availability of Funds for the Next Fiscal Year - (JAN 2003)

Funds are not presently available for performance under this contract beyond the current FY. The judiciary's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the judiciary for any payment may arise for performance under this contract until funds are made available to the contracting officer for performance and until the contractor receives notice of availability, to be confirmed in writing by the contracting officer.

SECTION J - LIST OF ATTACHMENTS

J.1 28 U.S.C. §753

J.2 Contractor’s Authorized to Work Under This Contract

J.3 Maximum rates and delivery times for original transcripts and copies including CJA rates.

J.4 Criminal Justice Act Form 24.

J.5 Transcript Order Form, AO 435.

J. Wage Determination

J. Offeror’s References Information

Attachment J.1

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART III--COURT OFFICERS AND

EMPLOYEES CHAPTER 49--DISTRICT COURTS

Sec. 753. Transcribers

( ) Each session of the court and every other proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, mechanical means, electronic sound recording, or any other method, subject to regulations promulgated by the Judicial Conference and subject to the discretion and approval of the judge. The regulations promulgated pursuant to the preceding sentence shall prescribe the types of electronic sound recording or other means which may be used. Proceedings to be recorded under this section include (1) all proceedings in criminal cases had in open court; (2) all proceedings in other cases had in open court unless the parties with the approval of the judge shall agree specifically to the contrary; and (3) such other proceedings as requested by any party to the proceeding.

The or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years.

The or other individual designated to produce the record shall transcribe and certify such parts of the record of proceedings as may be required by any rule or order of court, including all arraignments, pleas, and proceedings in connection with the imposition of sentence in criminal cases unless they have been recorded by electronic sound recording as provided in this subsection and the original records so taken have been certified by him and filed with the clerk as provided in this subsection. He shall also transcribe and certify such other parts of the record of proceedings as may be required by rule or order of court. Upon the request of any party to any proceeding which has been so recorded who has agreed to pay the fee therefor, or of a judge of the court, the or other individual designated to produce the record shall promptly transcribe the original records of the requested parts of the proceedings and attach to the transcript his official certificate, and deliver the same to the party or judge making the request.

The or other designated individual shall promptly deliver to the clerk for the records of the court a certified copy of any transcript so made.

The transcript in any case certified by the or other individual designated to produce the

( ) Each may charge and collect fees for transcripts requested by the parties, including the United

States, at rates prescribed by the court subject to the approval of the Judicial Conference. He shall not charge a fee for any copy of a transcript delivered to the clerk for the records of court. Fees for transcripts furnished in criminal proceedings to persons proceeding under the Criminal Justice Act (18 U.S.C. 3006A), or in habeas corpus proceedings to persons allowed to sue, defend, or appeal in forma pauperis, shall be paid by the United States out of moneys appropriated for those purposes. Fees for transcripts furnished in proceedings brought under section 2255 of this title to persons permitted to sue or appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal. Fees for transcripts furnished in other proceedings to persons permitted to appeal in forma pauperis shall also be paid by the United States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question). The may require any party requesting a transcript to prepay the estimated fee in advance except as to transcripts that are to be paid for by the United States.

Attachment J.2

TRANSCRIBERS AUTHORIZED TO WORK UNDER CONTRACT NO. USDC-EDPA-2 ___:

Reminder: At the time of award, the Court is required to ensure that all approved transcribers are listed by name in Attachment J2.

The following transcribers are authorized to provide services under this contract:

[Insert only those names of transcribers meeting the qualifications]

Any additions/substitutions to the above list shall be subject to approval of the Contracting Officer.

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