VISN 8 Court Reporting PWS - Draft -.pdf

VISN 8 Court Reporting Services Performance Work Statement

1.0. INTRODUCTION

1.1. The Government requires court reporting services in support of VISN 08 Healthcare System.

2.0. DESCRIPTION / SCOPE / OBJECTIVE

2.1. The Contractor must provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

3.0 APPLICABLE DOCUMENTS

3.1. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation

SCA DOL

Website

Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm

NCRA National Court Reporter Association FCRA Florida Court Reporters Association JTR Joint Travel Regulation RPR Registered Professional Reporter

3.2. Example: Glossary. Acronyms used in this PWS are listed below for easy reference:

COR Contracting Officer’s Representative FAR Federal Acquisition Regulation AIB Administrative Investigative Board PWS Performance Work Statement CO Contracting Officer OIG Office of Inspector General HHS Health and Human Services OVAHS Orlando VA Healthcare System MSPB Merit System Protection Board EEOC Equal Employment Opportunity Commission DAB Disciplinary Appeals Board

In this contract, the terms court reporter, stenographer, and transcriptionist, are used interchangeably.

4.0. PERFORMANCE REQUIREMENTS

4.1. The contractor shall provide, within 24 hours of being notified, a certified stenographer to transcribe real time verbatim testimonies onsite at the requesting medical facility.

4.1.1. The Contractor shall arrive promptly on the date, at the place, and at the time specified with as many competent stenographic reporters necessary for the prompt and proper reporting of proceedings.

4.1.2. The reporter shall present themselves to the presiding official 15 minutes prior to the start time and at the place of the designated hearing, deposition, or event, to set up all required equipment and be able to begin verbatim reporting at the designated time; or, in the case of a telephonic investigation, shall make telephone contact with the presiding official at least five minutes prior to the start time. The stenographer will be governed by the instructions of the presiding official in all matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character. The contractor shall report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion. The contractor shall not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs. The contractor shall mark and number/letter exhibits and arrange them in numerical or alphabetical order as directed by the presiding official.

4.1.3. The contractor shall assure that each reporter is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal work day.

4.2. The contractor shall transcribe AIB sworn statements, hearings and deposition proceedings without the use of audio recording.

4.3. If testimony must be retaken as a result of the contractors’ negligence, for example, mechanical breakdown of the transcribing equipment, the Contractor shall provide the services necessary to retake the testimony at no cost to the Government. The contractor shall bear all expenses to any party of the litigation, not limited to, bearing all transportation and subsistence costs, to be computed in accordance with Joint Travel Regulation incurred by the ordering facility, the parties and their witnesses and attorneys in attending or testifying at such retaking of testimony.

4.4. To the maximum extent practical, the Contractor shall assign the same reporter to a proceeding lasting more than one day or, in the case of a lengthy proceeding, the same group of reporters.

4.5. The Contractor shall furnish complete transcripts, which accurately reflect the full and complete verbatim record of the proceedings within 10 business days. When the presiding official determines that there are errors in the transcript, the Contractor shall, at the request of the presiding official, correct the errors and furnish the corrected transcript within five business days after receipt of notification and at no additional cost to the Government.

4.6. The Contractor shall provide legible transcripts of all transcriptions. If the presiding official determines one or more copies of transcripts are illegible, the Contractor shall correct and replace the transcripts within one business day after receipt of notification from the presiding official and at no cost to the government.

4.7. Requests for Services will be made either in writing or by telephone (followed by written notification). The contractor will determine, within no more than two hours from the time of the request (telephonic or written), whether or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order service from another source.

4.8. A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, agents, subcontractors, or representatives, and a party to or an attorney involved or representatives, and a party to or an attorney involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a potential or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the Contracting Officer reserves the right to have the transcript of that proceeding produced by another court reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

4.9. When VA is providing services involving patient records to non-Federal entities, the records maintained by VA in providing those services are subject to the Privacy Act, FOIA, and other VA specific laws regarding the confidentiality of patient records. The party to whom VA is providing the services will want to review those records in order to ensure that VA is providing quality care in accordance with the contract. In order for VA to be able to release those records the following language applies: The Sharing Partner is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Sharing Partner is considered as being part of the Department health care activity.

Sharing Partner is considered to be a VA contractor for purposes of the Privacy Act, 5 U.S.C. § 552a. Further, for the purpose of VA records access and patient confidentiality, Sharing Partner is considered to be a VA contractor for the following provisions: 38 U.S.C. §§ 5701, 5705, and 7362. Therefore, Sharing Partner may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Sharing Partner is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Sharing Partner is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

4.10. The records referred to above shall be and remains the property of VA and shall not be removed or transferred from VA except in accordance with 21 U.S.C. § 551a (Privacy Act), 38 U.S.C. § 5701 (Confidentiality of claimants’ records), 5 U.S.C. § 552 (FOIA), 38 U.S.C. § 5705 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. § 7332 (Confidentiality of certain medical records) and other applicable federal laws, rules, and regulations. Subject to applicable federal confidentiality or privacy laws, the Sharing Partner, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Sharing Partner, may have access to VA's records, at VA's place of business on request during normal business hours, to inspect and review and make copies of such records.

4.11. The contractor’s on-site supervisor will secure (in a sealed envelope) and relinquish any documentation found anywhere on the VA grounds that contains sensitive patient and/or employee information (i.e. privacy information), with local facility privacy officer and police services.

4.12. In the event that the contractor should lose any records, transcripts or confidential information associated with their assigned work, the Orlando VA Healthcare System’s Privacy Officer, and the COR (Contracting Officer Representative) should be promptly notified. The notification should take place within 60 minutes of the contractor confirming that the identified information cannot be located. The initial notification may be verbal, by phone call, or in person, with the official communication in writing to follow within the identified timeframe (i.e., 60 minutes).

4.13. Mandatory VA provided Privacy Training/Information Security Training will be completed by all contract employees before any on-site work begins under the contract. Approximately one (1) hour of Privacy Training/Information Security Training will be provided for all employees who, along with their on-site supervisor, will be required to read and sign the training documents. These training documents must then be forwarded to the Contracting Officer prior to the on-site work beginning. Any new contractor employee(s) hired after the contract becomes effective must complete the mandatory VA provided Privacy Training/Information Security Training prior to starting work.

Confidentiality Statement and HIPAA Certification signed by Court Reporter Service and employees, maintained at the facility.

4.14. CLIN structure. The chart below represents best-known estimates for the services covered under this contract. These estimate quantities are based on market research and on annual historic data based on prior year needs. Actual amounts may be more or less of these estimated amounts:

5.0. PERFORMANCE LOCATION AND HOURS

5.1. Accomplishment of the PWS requires work at facilities across the State of Florida.

Specific location will be determined at the task order level:

VA Sunshine Healthcare Network (Station 485) VA Health Care System Bay Pines VA Healthcare System (Bay Pines, FL) North Florida/South Georgia Veterans Health System (Gainesville, FL) VA Caribbean Healthcare System (San Juan, PR) return to top

VA Medical Center James A. Haley Veterans' Hospital (Tampa, FL) James A. Haley Veterans' Hospital Primary Care Annex (Tampa, FL) Lake City VAMC, NF/SGVHS (Lake City, FL) Malcom Randall VAMC, NF/SGVHS (Gainesville, FL) Miami VA Healthcare System (Miami, FL) Orlando VA Medical Center (Orlando, FL) West Palm Beach VAMC (West Palm Beach, FL)

Outpatient Clinic Clewiston Outpatient Clinic (Clewiston, FL) Jacksonville OPC (Jacksonville, FL) Lake Baldwin OPC (Orlando, FL) Lee County VA Healthcare Center (Cape Coral, FL) Mayaguez OPC (Mayaguez, PR) New Port Richey OPC (New Port Richey, FL) Ponce OPC (Ponce, PR) Southpoint Clinic (Jacksonville, FL) Tallahassee HCC (Tallahassee, FL) The Villages OPC (The Villages, FL) Utuado VA Rural Outpatient Clinic (Utuado, PR) VA Moore Haven Outpatient Clinic (Moore Haven, FL) Viera OPC (Viera, FL) William V. Chappell, Jr., VA OPC (Daytona Beach, FL)

Community Service Programs St Lucie County PTSD Clinical Team (PCT) Outpatient Program (Port St Lucie, FL)

Community Based Outpatient Clinic Arecibo CBOC (Arecibo, PR) Boca Raton CBOC (Boca Raton, FL) Bradenton Community-Based Outpatient Clinic (Bradenton, FL) Brooksville CBOC (Brooksville, FL) Ceiba Community Based Outpatient Clinic (Pueblo Ward, PR) Ceiba Community Based Outpatient Clinic (Pueblo Ward, PR) Ceiba VA Community Based Outpatient Clinic (Pueblo Ward, PR) Clermont Community Based Outpatient Clinic (Clermont, FL) Comerio Rural Outpatient Clinic (Comerio, PR) Crossroads Annex (Winter Park, FL) Deerfield Beach VA Community Based Outpatient Clinic (Deerfield Beach, FL) Delray Beach CBOC (Delray Beach, FL) Deltona Community Based Outpatient Clinic (Deltona, FL) Fort Pierce CBOC (Ft. Pierce, FL) Guayama CBOC (Guayama, PR) Healthcare for Homeless Veterans (Miami, FL) Healthcare for Homeless Veterans (Miami, FL) Hollywood VA Community Based Outpatient Clinic (Hollywood, FL)

Homestead VA Community Based Outpatient Clinic (Homestead, FL) James A. Haley Veterans' Hospital Primary Care Annex (Tampa, FL) Key Largo VA Community Based Outpatient Clinic (Key Largo, FL) Key West VA Outpatient Clinic (Key West, FL) Kissimmee CBOC (Kissimmee, FL) Lakeland CBOC (Lakeland, FL) Lecanto CBOC (Lecanto, FL) Marianna CBOC (Marianna, FL) Naples Community-Based Outpatient Clinic (Naples, FL) Ocala CBOC (Ocala, FL) Okeechobee CBOC (Okeechobee, FL) Palatka CBOC (Palatka, FL) Palm Harbor Community-Based Outpatient Clinic (Palm Harbor, FL) Pembroke Pines VA Community Based Outpatient Clinic (Hollywood, FL) Perry CBOC (Perry, FL) Port Charlotte Community-Based Outpatient Clinic (Port Charlotte, FL) Port St Lucie PTSD Clinical Team (PCT) Outpatient Program (Port Saint Lucie, FL) Saint Augustine CBOC (St. Augustine, FL) Saint Croix CBOC (Kings Hill, VI) Saint Thomas CBOC (St. Thomas, VI) Sarasota Community-Based Outpatient Clinic (Sarasota, FL) Sebring Community-Based Outpatient Clinic (Sebring, FL) St Marys CBOC (St Marys, GA) St. Petersburg Community-Based Outpatient Clinic (St. Petersburg, FL) Stuart CBOC (Stuart, FL) Tavares Community Based Outpatient Clinic (Tavares, FL) Valdosta CBOC (Valdosta, GA) Vero Beach CBOC (Vero Beach, FL) Vieques Rural Outpatient Clinic (Vieques, PR) Waycross CBOC (Waycross, GA) William Bill Kling VA Clinic (Sunrise, FL) Zephyrhills CBOC (Zephyrhills, FL)

Vet Center Arecibo Vet Center (Arecibo, PR) Clearwater Vet Center (Clearwater, FL) Clermont Vet Center (Clermont, FL) Daytona Beach Vet Center (Daytona Beach, FL) Fort Lauderdale Vet Center (Lauderdale Lakes, FL) Fort Myers Vet Center (Ft. Myers, FL) Gainesville Vet Center (Gainesville, FL) Jacksonville Vet Center (Jacksonville, FL) Jupiter Vet Center (Jupiter, FL) Key Largo Vet Center Outstation (Key Largo, FL) Lakeland Vet Center (Lakeland, FL) Melbourne Vet Center (Melbourne, FL) Miami Vet Center (Miami, FL) Naples Vet Center (Naples, FL) Ocala Vet Center (Ocala, FL) Orlando Vet Center (Orlando, FL) Palm Beach Vet Center (Greenacres, FL) Pasco County Vet Center (New Port Richey, FL) Pompano Beach Vet Center (Pompano, FL) Ponce Vet Center (Ponce, PR) RCS Southeast District 2 District Office (St. Petersburg, FL) San Juan Vet Center (Guaynabo, PR) Sarasota Vet Center (Sarasota, FL) St. Croix Vet Center Outstation (St. Croix, VI) St. Petersburg Vet Center (St. Petersburg, FL) St. Thomas Vet Center Outstation (St. Thomas, VI)

Tallahassee Vet Center (Tallahassee, FL) Tampa Vet Center (Tampa, FL)

5.2. Duty hours are from 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal holidays. Contractor access will be provided during this time period.

6.0. DELIVERABLES

6.1. The contractor shall provide an electronic copy of the transcript of the proceeding(s) to the corresponding Point of Contact and the COR in Portable Document Format (pdf), with keyword indexes, within 10 business days of the event transcribed.

6.1.1. The contractor shall furnish to the Government with access at all times to an encrypted, password protected end-user repository in order to manage and retrieve electronically transcripts by case name, witness name and date of proceeding. Upon completion of proceeding, the contractor shall furnish, no later than the tenth business day, via said repository, the final transcript in electronic form.

6.1.1.1 The contractor must provide original certified hardcopy transcript and one certified copy, both with word indexes, to the COR at the address of record, within 10 business days.

6.1.2. Mini-condensed copies and additional copies must only be provided upon request from the COR.

6.1.3. If an original transcript has already been produced to any of the parties and the Agency requests a copy, it must be provided within two business days after the Agency requests it, at a considerable reduced price of the original transcript price.

6.2. Whenever a board, hearing or deposition is continued, recessed, or adjourned for a period of five or more calendar days, that portion of the transcript of the board/ hearing/deposition held prior to such continuance, recess, or adjournment shall be considered completed for the purpose of computing time for delivery of the transcript.

7.0 FORMATTING

7.1. Each transcript must be presented on non-transparent white paper not exceeding letter size paper (8.5 x 11 inches) and bound along the left margin.

7.1.1. The original transcript and each copy are to be legible without any interlineations materially defacing the transcript.

7.1.2. Pages should be numbered consecutively. Pages of the transcript are to be numbered in a single series of consecutive numbers for each proceeding, regardless of the number of days involved. The court reporter shall place the page number at the bottom right corner of the page flush with the right margin below the last line of transcription and no more than half an inch from the bottom of the physical page (0.5 footnote margin). The page number does not count as a line of transcript. The pagination of the transcript of the further proceedings in the same matter shall follow consecutively the pagination of earlier proceedings unless the presiding official directs otherwise.

7.1.2.1 Each page will have a minimum of 25 lines per page. The last page may contain fewer lines if it is less than a full page of transcription.

7.1.2.2 Page numbers or notations cannot be considered part of the 25 lines of text.

7.1.2.3. Each page of transcription is to bear numbers indicating each line of transcription on the page.

7.1.2.4. Lines of transcript text are to be one and a half spaced.

7.1.2.5. The font size is to be 12 and formatted as Times New Roman or Calisto MT.

This provides for approximately 104 characters to each line.

7.1.3. Typing is to begin on each page at the one inch left margin and continue to the one inch right margin.

7.1.4. Black ink is to be used for both originals and copies.

7.2. Each transcript volume must include a title page located at the beginning of the volume setting forth:

a. court name;

b. title of case and docket number;

c. name of presiding judicial officer;

d. place, date and time of the proceeding;

e. method by which proceeding was recorded;

f. court reporter’s name and name, address, and telephone number of reporting company;

g. method by which the transcript was produced (e.g., “Proceedings recorded by digital sound recording, transcript produced by transcription service.”); and,

h. transcriber’s name and name, address, and telephone number of transcribing company

7.3. Each transcript volume must include an index located at the beginning of the volume listing:

a. the name of each witness testifying, citing the page of the transcript where direct, cross, redirect, or recross begins; and

b. each exhibit offered and received into evidence, first for the requesting party (the party who initiated the action), then for the respondent (usually, the Agency), and then for any other party, with a brief statement of the nature of the exhibit and the page of the transcript where the exhibit was offered and received.

7.3.1 CERTIFICATE OF REPORTER

All transcripts shall be proofread by someone other than the transcriber. In addition, the reporter shall read the final proofed transcript, whether transcribed by himself/herself or by another individual, and shall certify its accuracy. At the end of each volume of transcript, the Contractor shall append a certificate, which shall read as follows:

Certificate of Reporter:

Name of Hearing

Docket Number

Place of Hearing

Date of Hearing

I hereby certify that the foregoing pages, numbers _________ through _____________ inclusive, are the true, accurate, and complete transcript of the above proceeding, and have verified the accuracy of the transcript by comparing the final proofed transcript against the reporting or recording accomplished at the proceeding.

7.4. Where the number of pages in the final transcript exceeds 500, the court reporter must provide a separately bound master index containing a complete list of the information noted on 7.1.6 and 7.1.7 above.

7.5. Multi-volume transcripts shall be numbered consecutively for an entire multiple-volume transcript.

7.6. Unless otherwise directed, the court reporter must label each exhibit with:

a. the caption of the case;

b. the exhibit number or letter;

c. the party offering the exhibit; and

d. the number of pages in each exhibit.

7.7. Each time a witness is called to testify, the reporter must identify:

a. the name of the witness and the nature of the examination (such as direct, cross, redirect, and recross); and

b. the name of counsel conducting the examination.

7.5. Speaker identification shall begin on the fifth space from the left margin followed directly by a colon. The statement shall begin on the second space after the colon.

Subsequent lines shall begin at the left margin.

7.6. Quoted material other than depositions shall begin on the fifth space from the left margin, with additional quoted lines beginning at the fifth space from the left margin, with appropriate quotation marks used.

7.7. Interruptions of speech shall be denoted by the use of a dash at the point of interruption, and again at the point the speaker resumes speaking. At the discretion of the transcriber, simultaneous discussions may also be noted in this manner.

7.8. Punctuation and spelling shall be appropriate standard usage.

7.9. A page heading is brief descriptive information noted to aid in locating a person and/or event in a transcript. A page heading should be provided on each page of witness testimony; a page heading is optional for other types of persons and/or event notations.

Listing the last name of the witness is sufficient. Page headings shall appear above line 1 on the same line as the page number. This information is not to be counted as a line of transcript.

7.10. Parenthetical notations are generally marked by parentheses; however, brackets may be used. Parenthetical notations shall begin with an open parenthesis on the fifth space from the left margin, with the remark beginning on the sixth space from the left margin.

Parentheses are used for:

a. customary introductory statements such as call to order of court or swearing in a witness, and

b. indicating non-verbal behavior, pauses, and playback.

7.11. Except as noted below, the transcript shall contain all words and other verbal expressions uttered during the course of the proceeding.

7.11.1. No portion of the proceeding shall be omitted from the record by an order to strike. Regardless of requesting party, the material ordered stricken, as well as the order to strike, must all appear in the transcript.

7.11.2. The transcript should provide an accurate record of words spoken during proceedings. All grammatical errors, changes of thought, contractions, misstatements, and poorly constructed sentences should be transcribed as spoken. In the interest of readability, however, false starts, stutters, uhms and ahs, and other verbal tics are not normally included in transcripts; but such verbalizations must be transcribed whenever their exclusion could change a statement’s meaning.

7.12. Generally, audio/video recordings played in court are entered as an exhibit in a proceeding. Such recordings need not be transcribed unless the court so directs.

7.13. Private communications and off the record conversations inadvertently recorded should not be included in the transcript.

7.14. Standard summary phrases shall be used for customary introductory statements such as the call to order of court and the swearing in or affirmation of witnesses.

7.15. These should appear in parentheses and begin with an open parenthesis on the fifth space from the left margin, with the remark beginning on the sixth space from the left margin.

7.16. All speakers must be properly identified throughout the transcript, initially by their full name, thereafter by the following designations or courtesy titles, in capital letters indented five spaces from the left margin.

7.17. When interpreters are used, it will be assumed that answers are made in a foreign language and interpreted unless a parenthetical “(in English)” is inserted.

7.18. Parenthetical notations in a transcript are a court reporter’s or electronic court recorder operator’s own words, enclosed in parentheses, recording some action or event.

Parenthetical notations should be as short as possible consistent with clarity and standard word usage. The following parenthetical notations should be used to designate portions of proceedings. Designations requiring a time notation are listed first.

7.18.1. Bench/Side Bar Conference designation should note whether the bench/side bar conference is on or off the record. If all the attorneys are not participating in the bench/side bar conference, the parenthetical notation should so indicate.

7.18.2. The designation “Discussions off the Record” should note where the discussion took place.

7.19. It is the responsibility of the parties, as well as the judge in some instances, to note for the record any significant nonverbal behavior (i.e., physical gestures, lengthy pauses on the part of a witness). If counsel or the court refers to the witness’s affirmative or negative gesture, parenthetical phrases may be used to indicate physical gestures.

7.20. The court reporter or transcriber is to authenticate the original transcript and each copy with a certification on the last page. The certification is to appear on the last page of each volume of transcript. If more than one court reporter or transcriber is involved in the production of the transcript being certified, then the certifications of each court reporter or transcriber involved shall be required at the end of each volume. A sample is provided below:

“CERTIFICATE OF REPORTER

I CERTIFY that the proceeding hereby transcribed was duly recorded and thereafter ordered to print [by me / under my direction]; that the witnesses were sworn to tell the truth under penalty of perjury; that this transcript is a true record of the proceeding taken on [date] in the case of [case caption] and that it contains fully and accurately the recordings, notes, and exhibits presented on the record. I further certify that I am neither counsel for, related to, nor employed by any of the parties to the action in which this proceeding was called; and, furthermore, that I am not a relative or employee of any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of this action.

Date:_________________ Signature:_______________ Printed Name:______________ Address:___________________”

7.21. The cover page, the certification, and the errata sheet and its instructions are not considered billable pages and should not be included in the invoice.

8.0. KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

8.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

8.2. If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.

8.3. The Contractor shall replace any absent individual for any period greater than one workday (may be changed) so as to leave a full complement of trained qualified personnel at all times with no disruption of services.

9.0. CONTRACTOR PERSONNEL AND MANAGEMENT

9.1. Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

9.2. If any Government-issued identification badge is issued for the contractor, it remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

9.3. Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel the badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

9.4. All Contractor 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 or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

9.5. Safety/Security Requirements. The Contractor shall comply with all applicable federal, state, and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

9.6. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

9.7. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the CO.

9.8. Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent.

Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from Government facilities. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

9.8.1. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of one inch while assigned under this contract.

9.8.2. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

9.8.3. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the CO. The intent is verification purpose and not for the Government to become the hiring authority.

9.8.4. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.qov/) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

9.8.5. In order to ensure audio recordings are not taken in proceedings, certified stenographic court reporters are required. They are certified to type verbatim testimony in steno; which translates to English in a format similar to Microsoft Word without the use of audio recordings.

10. TRAVEL

10.1. Not Applicable

11. NON-PERSONAL SERVICE STATEMENT

11.1. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

12. PERSONNEL QUALIFICATIONS

12.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

13. PERFORMANCE REQUIREMENTS SUMMARY (PRS) AND QUALITY

MEASUREMENT

13.1. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards.

The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

13.2 The QASP and its performance objectives are as follows:

PRS PWS

Para.

Performance Objective

Performance Standard

Acceptable Quality Level

Surveillance Method

Compliance

1 4.1 The contractor shall provide, within 24 hours of being notified, a certified stenographer to transcribe real time verbatim testimonies at the

OVAHS.

The contractor provides a stenographer within 24 hours of notification

100% of the time

Random inspection conducted by the COR and/or customer comment.

Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with SOW, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

2 4.2;

9.8.5

The contractor shall transcribe AIB sworn statements, hearings and deposition proceedings without the use of audio recording.

Ensure receiving transcriptions are accurate

Receiving documents are accurate 97% of the time.

Random inspection conducted by the customer, to be informed to the COR.

Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with SOW, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

3 6.1.1 The contractor shall furnish the Government with access at all times to an encrypted, password protected end-user repository.

Access to encrypted, password protected end-user repository.

Accessibility 100% of the time.

Random inspection conducted by the COR.

Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with SOW, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

4 7.0 The contractor shall furnish the transcripts following the correct formatting.

Formatted transcripts as per the PWS.

100% Inspection by COR on all instances.

Below AQL, non-acceptance of services. The COR will contact the Contractor to inform of the discrepancy and the Contractor shall have two days to submit the corrected transcript.

INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

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

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

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

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.

Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding…