PWS W9124J-25-R-EE12 Court Reporting DRAFT 28 April 2025.docx

Performance Work Statement (PWS)

For

Court Reporting and Transcripts

For the

Armed Services Board of Contract Appeals (ASBCA)

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to produce verbatim transcripts of ASBCA hearings and other proceedings. The government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the government.

1.1 Description of Services / Introduction: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide verbatim reporting and transcription of hearings and other proceedings, in support of the ASBCA, as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The ASBCA is an independent Department of Defense agency. The mission of the ASBCA is to provide, to the fullest extent practicable, impartial, informal, expeditious, and inexpensive resolution, under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109, or the ASBCA’s Charter, of disputes arising out of or related to contracts entered by the Department of Defense (including the Departments of the Army, Navy, and Air Force), the National Aeronautics and Space Administration and any other department or agency, as permitted by law.

1.3 Objective: The objective of this contract is to produce verbatim transcripts of ASBCA hearings and other proceedings.

1.4 Scope: The ASBCA conducts proceedings, sometime several concurrently, throughout the United States and, when appropriate, internationally. When tasked by the ASBCA, the contractor shall provide court reporters, and the court reporters’ recording equipment, at the prescribed locations to record ASBCA proceedings. The contractor shall produce verbatim transcripts of the proceedings in accordance with the provisions in this PWS.

1.5 Period of Performance: The period of performance shall be for one base year of twelve months with four twelve-month option periods. The period of performance is as follows:

1.6 General Information

1.6.1 Quality Control: The contractor shall develop, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing government discovered nonconformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation. The QCP shall be delivered at the time of proposal submission. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.

1.6.2 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract.

1.6.3 Recognized Holidays and Weekends: The contractor may occasionally be required to provide services on Saturdays, Sundays, and Federal holidays including, but not limited to:

1.6.4 Hours of Operation: The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks within the PWS.

1.6.4.1 Reporter Services – Normal Work Hours: The contractor shall provide reporter services at assigned proceedings between the normal work hours of 8:00 a.m. – 6:00 p.m., Monday through Friday, excluding Federal holidays. The controlling time is the local time of the place where the proceeding is held.

1.6.4.2 Reporter Services – After Hours: When requested to do so, the contractor shall provide reporter services at assigned proceedings outside of the normal work hours Monday through Friday and on Saturdays, Sundays, and Federal holidays. The controlling time is the local time of the place where the proceeding is held.

1.6.4.2.1 Differential Payment: The government will pay a Differential Ordinary Transcript rate or a Differential Expedited Transcript rate, as applicable, for transcript pages resulting from reporting during After Hours proceedings. The number of transcript pages that will be paid at the appropriate differential rate for each day will be computed by determining the number of After Hours hours worked that day and dividing that number by the total hours worked that day, applying that percentage to the total number of pages reported that day and thereby arriving at the number of pages on which the appropriate differential rate will be paid for that day. Invoices for payment at the differential rates must be accompanied by the form shown in Technical Exhibit 5, “Report of After Hours Services Provided at Scheduled Proceeding”.

1.6.5 Place of Performance: The reporting work under this contract will be performed at government and non-government facilities in the contiguous United States (CONUS) and outside the contiguous United States (OCONUS).

1.6.6 Travel: The contractor is responsible for making any necessary transportation or lodging arrangements for its court reporters. The ASBCA may assign proceedings to be held OCONUS. The government will only reimburse the contractor for court reporter travel expenses for travel OCONUS. Reimbursement for OCONUS travel will be in accordance with the Joint Travel Regulations in effect when the travel occurs. The contractor shall not purchase an airline ticket for OCONUS travel without the prior approval of the contracting officer representative (COR) or contracting officer (KO). If the contractor personnel traveling overseas require passports or visas, the contractor is responsible for obtaining the passports or visas at no cost to the government. The ASBCA will be responsible for obtaining reporters’ access to military bases.

1.6.7 Type of Contract: The government anticipates award of a contract with firm-fixed unit prices for each Contract Line Item Number (CLIN) based on rates established in the Schedule at time of contract award. This is not a requirements contract. The government’s only obligation will be payment for the quantity of pages furnished by the contractor times the per page rate stated in the applicable CLIN plus authorized travel costs.

1.6.8 Anti-Terrorism and Operations Security Requirements (AT/OPSEC)

1.6.8.1 AT Awareness Training for Contractor Personnel Traveling Overseas: The standard language required US based contractor employees and associated subcontractor employees to make available and to receive Government provided area of responsibility (AOR)-specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander, with the unit ATO being the local point of contact.

1.6.8.2 For Contract Requiring Performance or Delivery in a Foreign Country: DFARS Clause 252.225-7043, Antiterrorism / Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’ compliance with combatant commander and subordinate task force commander policies and directives.

1.6.9 Post Award Conference / Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings, the COR will apprise the contractor of how the government views the contractor’s performance and the contractor shall apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor contractor’s performance and notify both the contracting officer and the contractor of any deficiencies; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person, and an alternate who shall act for the contractor when the manager is absent, shall be designated in writing to the COR and contracting officer within 5 calendar days after award. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6.12 Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the contractor, not the government. The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.

1.6.13 Scheduling Procedures: No later than the 15th of each month, the ASBCA will forward to the contractor, by fax or by e-mail, a tentative schedule of proceedings for the next calendar month. The tentative schedule of proceedings will be subject to additions, cancellations, and postponements, notice of which may be made orally, by fax, or by e- mail.

1.6.14 Delivery or performance shall be made only as authorized by the COR issued in accordance with the Scheduling Procedures. The contractor shall furnish to the government, when and if scheduled, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum".

1.6.15 The government may issue orders requiring simultaneous performance at multiple locations.

1.6.16 The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

1.6.17 Organizational Conflict of Interest:

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The contractor’s objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

(3) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the contractor is responsible for identifying any actual or potential organizational conflicts of interest to the contracting officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the contracting officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the contracting officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components.

(2) The contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant.

(3) The contractor agrees that it shall neither evaluate nor advise the government with regard to its own products or activities. The contractor shall objectively evaluate or advise the government concerning products or activities of any prospective competitors.

(4) The contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the contractor agrees to protect the proprietary information of other organizations disclosed to the contractor during performance of this contract with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. The contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The contractor shall provide copies of such agreements to the contracting officer.

(5) If the contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the contracting officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the government.

e. Non-Disclosure Agreements. The contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the absolute necessity of safeguarding information from anyone other than the contractor's employees who have a need to know, and the U.S. Government.

g. Subcontracts. The contractor agrees that it shall include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "subcontractor" for the word "contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the contractor and its Subcontractors and employees to furnish the government with written nondisclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the contractor represents that it has disclosed to the contracting officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, government taskings, or acquiescence in the contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the contracting officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The contractor represents that it has disclosed to the contracting officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

(2) The contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the contracting officer. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the contracting officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the cognizant contracting officer by submitting a full written description of the requested waiver and the reasons.

1.6.18 Combat Trafficking in Persons:

IAW FAR 52-222-50. Contractor Requirements.

The contractor shall –

(1) Notify its employees of

(i) The U.S. Government's zero tolerance policy.

(ii) Actions that will be taken against employees for violations of this policy.

(2) Take appropriate action.

Part II, Trafficking in Persons (TIP)

(1) The contractor has a procedure for notifying employees of TIP and proof of such notification on file via:

(i) Training records or

(ii) Employee signature

(2) Has documented actions on file citing appropriate action to TIP violations.

(3) Record of documented violations to date (if any).

(4) The contractor has a procedure for notifying the contracting officer if information is received or actions related to TIP are observed.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 ADEQUATE NOTICE OF POSTPONEMENT OR CANCELLATION: Adequate notice of postponement or cancellation of a proceeding, or portion of a proceeding, scheduled to be held within the 48 contiguous United States is notice to the contractor before 5:00 p.m. of the business day prior to the relevant proceeding day(s). Adequate notice of postponement or cancellation of a proceeding, or portion of a proceeding, scheduled to be held OCONUS is notice to the contractor before 5:00 p.m. of the business day two days prior to the relevant proceeding day. Notice may be provided by the ASBCA’s authorized representative contacting the contractor’s office during the contractor’s business hours by telephone, facsimile transmission, or by e-mail to an agreed-upon e-mail address; or by the Presiding Officer or authorized ASBCA representative giving verbal notice to the contractor’s court reporter on site at the proceeding location. The controlling time for determining whether adequate notice has been given is the local time of the place where the proceeding was scheduled to be held.

2.1.2 APPELLANT: A party, other than the government agency, who appears before the Board in a hearing or other proceeding.

2.1.3 ASBCA OR THE BOARD: The Armed Services Board of Contract Appeals.

2.1.4 BUSINESS DAY: Monday through Friday, excluding Federal holidays.

2.1.5 CONTRACT ADMINISTRATOR: The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.

2.1.6 CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.7 CONTRACTING OFFICER: A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.8 CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S.

government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the terms and conditions of the contract.

2.1.9 CONUS: Locations within the 48 contiguous United States.

2.1.10 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the performance work statement.

2.1.11 DELIVERABLE: Anything that can be physically delivered but may include nonmanufactured things such as meeting minutes or reports.

2.1.12 EXPEDITED TRANSCRIPT: A transcript that is required to be delivered within 5 business days following the close of a proceeding held within the 48 contiguous United States; a transcript that is required to be delivered within 7 business days following the close of an OCONUS proceeding.

2.1.13 GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP): Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.

2.1.14 KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the key personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.15 OCONUS: Locations outside of the 48 contiguous United States.

2.1.16 ORDERING OFFICER: An Ordering Officer is a person appointed by the contracting officer authorized to obligate U.S. Government funds up to the amounts and for the purposes specified in their appointment letters.

2.1.17 ORDINARY TRANSCRIPT: A transcript that is required to be delivered within 15 business days following the close of a proceeding held within the 48 contiguous United States; a transcript that is required to be delivered within 19 business days following the close of an OCONUS proceeding.

2.1.18 PHYSICAL SECURITY: Actions that prevent the loss or damage of government property.

2.1.19 PRESIDING OFFICIAL: The Board employee who presides over a proceeding at which a reporter is reporting.

2.1.20 PROCEEDING: A scheduled matter, or portion of a scheduled matter, at which the contractor is expected to provide reporting and transcription services.

2.1.21 PWS: Performance Work Statement.

2.1.22 QUALITY ASSURANCE: The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.23 QUALITY ASSURANCE SPECIALIST: An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.

2.1.24 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.25 QUALITY CONTROL: All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.26 REPORTER: A contractor employee or agent assigned to provide verbatim reporting of hearings and other proceedings.

2.1.27 SUBCONTRACTOR: One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

2.1.28 WORK DAY: The number of hours per day the contractor provides services in accordance with the contract.

2.1.29 WORK WEEK: Monday through Friday, except for federal holidays unless specified otherwise.

2.2 ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

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

3.1 Utilities: To the extent that the ASBCA provides workspace for the contractor, all utilities in the facility will be available for the contractor’s use in performance of duties outlined in this PWS. The contractor shall instruct its employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.2 Facilities: The government will provide workspace for the contractor’s reporter to provide reporting services at proceedings. The government will not provide workspace for the contractor’s use in producing transcripts.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS (e.g. paper, computers, recording equipment, notebooks, envelopes and other supplies and materials).

4.2 Contractor personnel performing services in locations requiring passports and/or visas shall have the required passports and/or visas.

Part 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 Basic Services: The contractor shall provide verbatim reporting and transcription of hearings and related proceedings, as defined in this PWS.

5.2 Reporting: The contractor shall provide verbatim reporting of hearings and related proceedings as set forth below.

5.2.1 Recording, General: The contractor shall simultaneously record proceedings with two independent recording systems. Unless the Presiding Official directs otherwise, the contractor shall record the full testimony during a proceeding, and report and incorporate it into the transcript. Unless so designated by the Presiding Official, nothing spoken at the proceedings shall be “off the record.”

5.2.1.1 Electronic Sound Recording Systems: The contractor may use electronic sound recording systems, provided they are capable of accurately recording the proceedings under adverse conditions that frequently exist (e.g., air conditioning or traffic background noise). The contractor shall use quality electronic sound recording systems as to insure against error, misinterpretation, or loss of voice. Contractor equipment shall be operator-monitored from a separate monitor head to ensure a proper recording and include a simultaneous playback, listening, pre- amplification, and speaker identification facilities.

5.2.2 Exhibits: During the proceeding, the reporter shall, unless directed otherwise by the Presiding Official, process exhibits as follows:

5.2.2.1 Marking: The reporter shall mark and number exhibits with pen and ink in the lower right corner when offered for identification and/or admitted in evidence. Documentary exhibits which are too small to mark, or when marking would obliterate writing, printing, etc., shall be securely mounted on an 8 ½ x 11 inch sheet of heavy manila paper and the mounting sheet shall be marked. Physical exhibits, such as glassware, films, metal, etc., which cannot be legibly and permanently stamped and marked upon their surfaces, shall be tagged or affixed with an adhesive tape sufficient to receive proper authentication.

5.2.2.2 Copying: Unless the Presiding Official so directs, documents shall not be copied into the record.

5.2.2.3 Numbering: The reporter shall consecutively number exhibits introduced at a proceeding. In a re-opened proceeding, exhibits introduced shall be numbered consecutively from previous exhibits. The reporter shall mark appellant’s exhibits A-1, A-2, A-3, etc. The reporter shall mark Government agency’s exhibits G-1, G-2, G-3, etc.

5.2.2.4 Custody: The contractor shall ensure exhibits marked for identification remain in custody of the proponents until received into evidence. The contractor shall ensure exhibits received in evidence and rejected exhibits remain in the custody of the reporter during the course of the proceeding. The contractor shall not release any exhibit, except upon direction by the Presiding Official. An exhibit shall not be released until it has been properly marked. The contractor shall not permit any person to withdraw exhibits during the time between the close of the proceeding and forwarding of exhibits, except upon direction of the Presiding Official.

5.2.2.5 Delivery of Exhibits: The contractor shall deliver to the Board, with the transcript, exhibits not retained by the Presiding Official, representatives, or others. The contractor shall arrange exhibits in numerical order in each series (i.e., Appellant’s Exhibits, Government’s Exhibits, etc.), properly marked and bound in separate covers for each series before being delivered. The contractor shall prepare and insert a memorandum on an 8 ½ x 11 inch sheet of paper in place of each missing exhibit, stating its nature, how numbered and marked, the reason for its absence, and its custodian.

5.2.3 Retention of Notes and Recordings: The contractor shall retain and properly safeguard, for a period of two years after the conclusion of a proceeding, any stenographic notes and/or electronic recording media from which a transcript has been prepared, along with one copy of the transcript.

5.2.4 Loss of Testimony: If due to mechanical breakdown or negligence by the contractor or any level subcontractor testimony is lost, destroyed, or otherwise not recorded and/or retained, the contractor shall retake and transcribe testimony without additional charge. The contractor shall be responsible for foreseeable damages or cost relating to the loss of testimony and/or the necessity to retake the testimony.

5.2.5 Notice of Reporter’s Name: The contractor shall inform the Board two business days before the proceeding of the name, address, and phone number of the reporter to be used.

5.2.6 Reporter: The assigned reporter shall report to the Presiding Official at least 30 minutes before the designated starting time of the proceeding. The reporter shall have all necessary equipment completely installed and operational prior to the time set for the commencement of the proceeding. At all times, the reporter shall follow the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, the hours of the proceeding, and similar matters.

5.2.7 Delays in Providing Reporting Services: If, after timely notice of a proceeding, the reporter does not appear at the time and place specified, the contractor shall be liable to the government for liquidated damages for each hour of delay at the rate of $200/hour.

5.2.8 Reporter Non-Appearance: If, after timely notice of a proceeding, the Presiding Official arranges for a substitute reporter outside of this contract due to the non-appearance of the contractor’s reporter, then in addition to liquidated damages (see 5.2.7) the contractor shall reimburse the government for expenses over and above those which would have been incurred if the contractor’s reporter had performed the work. The government may deduct such expenses from any other sums due or that may become due to the contractor.

5.2.9 Postponed or Cancelled Proceedings: The ASBCA will endeavor to provide the contractor with adequate notice of the postponement or cancellation of proceedings or portions of proceedings. Adequate notice of postponement or cancellation of a proceeding, or portion of a proceeding, scheduled to be held within the 48 contiguous United States is notice to the contractor before 5:00 p.m. of the business day prior to the relevant proceeding day(s). Adequate notice of postponement or cancellation of a proceeding, or portion of a proceeding, scheduled to be held OCONUS is notice to the contractor before 5:00 p.m. of the business day two days prior to the relevant proceeding day. Notice may be provided by the ASBCA’s authorized representative contacting the contractor’s office during the contractor’s business hours by telephone, facsimile transmission, or by e-mail to an agreed-upon e-mail address; or by the Presiding Officer or authorized ASBCA representative giving verbal notice to the contractor’s court reporter on site at the proceeding location. The controlling time for determining whether adequate notice has been given is the local time of the place where the proceeding was scheduled to be held. If the ASBCA gives the contractor adequate notice of the postponement or cancellation of a proceeding, or portion of a proceeding, the ASBCA will not pay the contractor any fee for the cancelled or postponed hearing day(s).

5.2.10 Proceeding Minimum Payment.

5.2.10.1 If the ASBCA fails to give the contractor adequate notice (see paragraph 5.2.9) of the postponement or cancellation of a proceeding, the contractor is entitled to a proceeding minimum payment not to exceed the unit price stated in the Proceeding Minimum Payment Contract Line Items. For example, if the ASBCA fails to give the contractor adequate notice of postponement or cancellation of a proceeding before 5:00 p.m. on the Friday before a proceeding scheduled for two weeks beginning on the following Monday, the contractor is limited to a proceeding minimum payment not to exceed the unit price stated in the Proceeding Minimum Payment Contract Line Items. For any day on which a proceeding is actually held, the proceeding minimum payment will be paid IN LIEU OF the contract page rate when the price for the transcript pages for a scheduled proceeding day does not equal or exceed the unit price stated in the Proceeding Minimum Payment Contract Line Items.

5.2.10.2 When a reporter has reported as provided in paragraph 5.2.6 at the time and place designated for a scheduled proceeding and adequate notice of a postponement or cancellation, as defined in paragraph 5.2.9, has not been provided to the contractor by the ASBCA, the contractor will be paid a proceeding minimum payment of not to exceed the unit price stated in the Proceeding Minimum Payment Contract Line Items for one hearing day only, unless the reporter has been directed to remain available for an additional day(s) by the Presiding Official or the authorized ASBCA representative. In the latter event, the contractor is guaranteed payment as provided in paragraph 5.2.10.1 for the additional day(s).

5.2.10.3 Invoices for minimum payments shall be accompanied by the form shown in Technical Exhibit 6, “Report of Attendance at a Scheduled Proceeding That Was Cancelled or Postponed,” and approved by the Presiding Official or the COR.

5.3 Transcripts: The contractor shall provide verbatim transcripts of hearings and related proceedings as set forth below.

5.3.1 Materials: Transcripts shall be printed in black ink on white paper, except for the cover, which shall be printed in black ink on blue paper. Transcripts shall be printed on 20-pound rag bond paper or equivalent. The paper shall be 8 ½ by 11 inches. Paper shall be punched in the standard fashion with three ¼-inch diameter holes in the left side margin of the paper, 3/8 inch from the left edge of the paper. The center of the top hole shall be 1 ¼ inches from the top of the paper, the center of the middle hole shall be 5 ½ inches from the top of the paper, and the center of the bottom hole shall be 1 ¼ inches from the bottom of the paper. Each day’s transcript shall be fastened with suitable fasteners to a cover.

5.3.2 Printing: Transcripts shall be printed in Courier New 12-point font, 10 characters to the inch, except when using proportional spacing. Printing shall be 25 lines to the page, double-spaced, except for the cover, title page, table of contents, and index, with a left margin of 1 ¾ inches and a right margin of 3/8 inches. Printing shall begin at the left margin line on each page and shall extend as near as practicable to the right margin line, words being properly hyphenated when necessary (except for titles or captions, which are centered or otherwise placed on the page for balance). Numbers from 1 to 25, indicating each line of the transcript, shall be printed to the left of the left margin.

5.3.3 Calculating Pages and Rates: The applicable rate will be paid for the title page(s) and for all pages containing 25 lines of transcription. There will be no payment for the “Certificate of Reporter” or “Certificate of Transcriber and Proofreader” forms, index pages, or for the cover. Payment for these items is considered included in the contract’s applicable page rate. Payment for pages of a transcription with less than 25 lines per page will be made on a net 25 lines, i.e., the number of lines on pages with less than 25 lines will be added and the total divided by 25. The resulting number will be added to the number of full pages for transcript payment purposes. No additional payment will be made for lines in excess of 25 lines per page.

5.3.4 Style and Content.

5.3.4.1 Cover: The contractor shall provide a blue cover for each daily volume with the title of the proceeding, the docket number(s), the date and location of the hearing, the volume number, and the page numbers included therein.

5.3.4.2 Title Page: The contractor shall provide a title page(s) for each transcript volume which shall set forth the title of the proceeding, the docket number(s), the volume number, the name of the Presiding Official, the date of the proceeding, the times the proceeding commenced and concluded, the place of the proceeding, and the names and addresses of representatives appearing at the proceeding. Names of representatives shown on the title page(s) and addresses applicable thereto shall be single spaced with two single spaces between each set of names and addresses.

5.2.4.3 Table of Contents and Verbatim Transcription: The contractor shall provide a table of contents for each transcript volume which shall set forth the page numbers at which the opening statements and closing arguments of counsel begin; the page numbers at which direct, cross, redirect, etc., examination of each witness begins, together with the names of such witnesses; and the page numbers at which exhibits are marked for identification and the page numbers at which exhibits are received in evidence. Thereafter, the verbatim transcription of the proceeding shall follow in order of presentation, followed by the time the proceeding closed.

5.3.4.4 Transcript Numbering: The contractor shall number transcript pages in the upper right corner above line number 1. The page number shall not count as a line for payment purposes. The numbering of the transcript pages shall be in a single series for each hearing day. Each daily transcript shall have a volume number which is the same as the hearing day (e.g., transcript for day one will be volume 1; day five will be volume 5, etc.). Both the volume and page number will be shown in the upper right page corner in Arabic numerals (e.g., for page 235 of volume 2, the number in the upper right page corner would be 2-235). Unless otherwise directed by the Presiding Official, the transcript for each proceeding day shall be in its own volume and the numbering for each volume shall begin with page 1.

5.3.4.5 Index: Each day’s transcript shall contain a single-spaced index that will reference a word or group of words within the text and annotate the page or pages where each appears in the transcript. The word/location index shall allow the user to find all references to the key words in a transcript.

5.3.4.6 Certification: The reporter shall complete and the contractor shall attach at the end of each transcript the “Certificate of Reporter” certification set forth at Technical Exhibit 3, “Certificate of Reporter.” The second paragraph of the certification shall be omitted if not applicable. When the transcript is transcribed by a person other than the reporter present at the proceeding, the transcript shall be proofread against the reporter’s notes and/or recordings. The accuracy of the transcript shall be certified as indicated in the certification at Technical Exhibit 4, “Certificate of Transcriber and Proofreader.” This certification shall be attached at the end of the transcript.

5.3.5 Accuracy of Transcript: The contractor shall be responsible for furnishing complete and legible transcripts which accurately provide a verbatim record of the proceeding. If the transcript is to be compiled by someone other than the reporter, the reporter shall obtain and pass to the transcriber the correct spelling of names, technical terms, and other expressions that may not be known by the transcriber. The contractor shall deliver revised transcripts to the COR for review and approval within five calendar days after receipt of notification of errors.

5.3.6 Electronic Copy of the Transcript: The contractor shall also provide a verbatim transcript of each proceeding in text-searchable Adobe® PDF format. The contractor shall deliver the electronic copy to the Board by email to the Board’s Recorder at: asbca.recorder@mail.mil. The Adobe® PDF file shall not contain any document security settings that would restrict or prevent the printing, text extraction, and/or duplication of the file contents. The transcript may be provided in an equivalent format and/or on an equivalent machine-readable media agreed upon by the contractor and the COR. The electronic transcript document shall have the identical pagination, content, and sequential order of the original printed transcript. All text in the electronic version shall appear in the same location and on the same line and page as the corresponding text in the printed version, and the page numbers in both versions shall correspond exactly, regardless of the computer settings or word processing formats on the computers on which the electronic version is viewed at the Board. All volumes of the transcript shall be combined into one searchable Adobe® PDF file. The contractor shall label the file to identify the transcript by title of the proceeding, docket number(s), dates, and volume numbers.

5.3.7 Transcript Delivery:

5.3.7.1 Number of Copies: The contractor shall deliver to the Board one paper copy of the…