R--VHA Albany NY and East Orange NJ - Court Reporter IDIQ

Page 1 of 18 This is a SOURCES SOUGHT ANNOUNCEMENT ONLY. It is neither a solicitation announcement nor a request for proposals or quotes and does not obligate the Government to award a contract. Requests for a solicitation will not receive a response. Responses to this sources sought must emailed to [email protected]. The purpose of this sources sought announcement is for market research to make appropriate acquisition decisions and to gain knowledge of potential qualified Service Disabled Veteran Owned Small Businesses, Veteran Owned Small Businesses, 8(a), HubZone, other Small and Large Businesses interested and capable of providing the services described below. Documentation of technical expertise must be presented in sufficient detail for the Government to determine that your company possesses the necessary functional area expertise and experience to compete for this acquisition. Responses to this notice shall include the following: (a) company name (b) address (c) point of contact (d) phone, fax, and email of point of contact (e) DUNS number (f) provide a capability statement that addresses the organizations qualifications and ability to perform as a contractor for the work described below. DRAFT STATEMENT OF WORK Albany, NY and East Orange, NY VA Medical Centers Transcription Services/Court Reporter SECTION 1. General 1.1. The Contractor shall provide all personnel, equipment, materials, supplies and supervision to provide Court Reporter services for Albany, NY and East Orange, NJ VA Medical Centers. Services may be required for, but not limited to: Administrative Investigation Boards (AIB), Equal Employment Opportunity (EEO) hearings, and Administrative Grievances, Disciplinary Appeals Boards (DAB), Arbitration, or Merit Systems Protection Board (MSPB) hearings. 1.1.2. Pricing: The price shall be a firm-fixed price. Contractor s proposal should include all costs associated with providing transcription services. Each Contract Line Item Number (CLIN) shall be a firm-fixed unit price. 1.1.3. Data Rights: The VA reserves the right to make additional printed and electronic copies, or portions thereof, of all transcriptions as it deems necessary and the Contractor(s) shall have no claim for the additional copies. 1.2. Background Information 1.2.1. It is the intent of this document to establish a non-personal performance-based IDIQ contract for Albany, NY and East Orange, NJ VA Medical Centers. 1.2.2. The performance period of this contact will be 5 years from the effective date. 1.2.3. Scheduling: The services required for this contract shall be provided on an as needed basis during normal business hours from 8:00AM to 4:30PM. 1.2.4. Invoices: The Contractor shall submit invoices monthly for services performed under this contract. Invoices received prior to the receipt of all associated deliverables will be returned to the Contractor with no action taken by the Government. Contractor will be required to resubmit the invoices for payment once all associated deliverables have been received by the Government. Invoices shall include the correct Obligation Purchase Order Number. Payments of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted to the Tungsten Network, located at http://www.tungsten-network.com/us/en/veterans-affairs This is mandatory and the sole method for submitting invoices. 1.2.5. Best known estimates for each location are the following: East Orange, New Jersey VAMC 25 Appearances and approximately 4500 pages transcribed Albany, New York VAMC 8 Appearances and approximately 1440 pages transcribed NOTE: The estimated quantities are based on annual historic data based on prior year needs. Actual quantities may be more or less than these estimated amounts. 1.2.6. The term Administrative Investigation (AI) refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA. AIs are conducted to collect and analyze evidence to determine what actually happened and why it happened, so that individual and systemic deficiencies can be identified and effectively corrected. These investigations are governed by VA Directive 0700, Administrative Investigations and VA Handbook 0700, Administrative Investigations. These investigations are established by the Medical Center Director/VISN Director as the convening authority. Administrative Investigation Boards are not scheduled in advance; therefore, short notice will be provided for the need of transcription services. Once scheduled, the schedule may change or even be cancelled at anytime up until the time scheduled because of unforeseen events that may arise. 1.2.7. EEO, MSPB, DAB, and/or arbitration hearings are similar processes and are established by a judge or other government source. EEO Hearings may be scheduled a few weeks in advance while DAB, MSPB, and arbitration hearings may be scheduled several weeks to a month or more in advance. These hearings may also have to be rescheduled or cancelled on short notice because of unforeseen events. 1.2.7.1. Contractor must be able to respond to short-notice assignments. 1.2.8. The number of witnesses can only be estimated in advance of the start of the process, and may change during the course of the investigation or activity. 1.3. Personnel 1.3.1. The Contractor shall provide only qualified certified Court Reporters to perform these services 1.3.2. Court Reporters must meet any licensure or certification requirements in New York and New Jersey depending on the site of the service. Reporters must have at least one year experience as a licensed court reporter/stenographer and have the necessary training and education required in Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. Court Reporters who have experience with the Department of Veterans Affairs AIB, EEO, MSPB, DAB, or arbitration hearings are preferred in the performance of this contract. 1.3.3. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the Contractor. 1.3.4. The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. Note: To be in compliance with Homeland Security standards, each Court Reporter assigned to work at the Medical Centers shall be subject to the same rules and regulations as all contracted employees. Parking is allowed only in those areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system. Prior to reporting to work, the contracted employee will need to contact the designated COR or Medical Center POC who will either issue a temporary ID badge to the contracted employee or take him/her to the on-site PIV Officer to have a temporary ID badge issued. The contracted employee will properly display the badge while working at the Medical Center. Upon completion of the assignment, the employee will return the badge to the individual who issued it. 1.3.5. The Contractor shall ensure that all assigned court reporters perform all work in a professional business-like manner and in accordance with the best standards of the reporting profession and the Contractor. 1.3.6. Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the Contractor to remove their employee from the Medical Center or CBOC facilities for misconduct or for security reasons. Removal does not relieve the Contractor the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. 1.3.7. Conflict of Interest: The Contractor shall not assign any person who is an employee of the United States Government to work under this contract if that employment would appear to cause a conflict of interest. A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, and a party (attorney, witness, representative, etc.) involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a possible 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. 1.3.8. Period of Performance: The period of performance for the contract will be five (5) years. 1.3.8.1. In any instance where the Contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the Contractor shall immediately notify the either the COR or the Contracting Officer. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the Contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided. 1.3.8.2. If, after notice of a proposed hearing, the Contractor s employee does not appear at the time and place specified for the hearing, the Contractor shall be responsible for finding another equally qualified individual for the hearing. The Contractor may be responsible for the reimbursement to the VA Medical Center for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Performance Work Statement. The Government may deduct such expenses from any other sums due or that may become due the Contractor. 1.3.9. Place of Performance: Most services will be provided at the Department of Veterans Affairs Medical Centers, in a conference room setting. Only on a rare occasion, will it be necessary for an investigation or hearing be held at a Community Based Outpatient Clinic (CBOC) or another location as determined by the Government. The facilities that are supported by this contract are: Albany Stratton VA Medical Center 113 Holland Avenue Albany, NY 12208 East Orange Campus 385 Tremont Avenue East Orange, NJ 07018 Lyons Campus 151 Knollcroft Road Lyons, NJ 07939 The Government reserves the right to add any additional CBOCs or rural health centers within a 30 mile radius of any location listed above to the contract as they become available. During the life of this contract, there may be a need or an occasion that may arise that will require the services of the Court Reporter to be at another location within a 30 mile radius other than these mentioned. If so, the COR will give explicit instructions as to where and when the needed services will be required. 1.3.10. English Language Requirement: Contractor personnel shall be fluent and communicate in the English language, both written and oral communication. 1.4. Security Requirements. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran s Administration where work is performed under this Contract. A Business Associate s Agreement (BAA) will have to be entered into by the two contracting parties. Contracted employees will have to complete VA s Cyber Security and Privacy Act Training annually, and sign the VA s Rules of Behavior document. Documentation of the completed training will be provided to the COR for each employee. Security Investigation The Contractor shall ensure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Representative (COR), of the results of the investigation. Risk Levels In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the Department of Veterans Affairs or a program mission with broad scope of policy or program authority, such as: Policy development or implementation Higher-level management assignment Independent spokespersons or non-management positions with authority for independent action Significant fiduciary and procurement authority and responsibilities, and IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, "Management of Federal Information Resources," for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix iii.html). Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the VA or program mission with significant program responsibilities and delivery of client services to the public, such as: Assistance to policy development and implementation, Mid-level management assignments, 111 Non-management positions with authority for independent or semi-independent action, Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, "Management of Federal Information Resources," for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the Department of Veterans Affairs mission. Types and Numbers of Background Investigations Work performed under this contract will fall within one or more of the risk categories defined paragraph 4.7.2.2. As a result, the Contractor's personnel may be required to undergo a background investigation commensurate with the, assessed risk category. The Contractor may not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the contract, the Contractor shall ensure that no Contractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COR. 1.4.1. Contractor Responsibilities: The Contractor shall bare the expense of obtaining Background Investigations. The cost of the background investigations is as follows: Low Risk (NACI) $231. At its discretion, the VA may pay for investigations processed through the VA SIC and conducted by the Office of Personnel Management (OPM) in advance; however, the Contractor shall reimburse the full cost of the background investigation to the VA within 30 days of receipt of a Bill of Collections from the VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by the VA to recoup background investigation costs. 1.4.2. The information obtained in the performance of this contract is considered to be confidential and must not be revealed to anyone who is not authorized to know. Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure. 1.4.3. Commitment to Protect Sensitive Information. The Contractor and its employees shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) and any other pertinent laws and regulations governing the confidentiality of sensitive information. 1.4.4. In the performance of official duties, the Contractor's employees shall have access to information containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a); the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information ( Privacy Rule ); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard ( Security Rule ); Federal Regulations and statutes; and Veteran Affairs Medical Center (VAMC)policies and standard operating procedures. The Contractor and Contractor's employees are responsible for: Protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion. Completing annual privacy training that conforms to the requirements of VHA Privacy Training. Completing annual security awareness training that conforms to the requirement of the Department of Veterans Affairs Office of Cyber and Information Security Training. Within 24 hours of first becoming aware of a HIPAA Electronic Transaction and Code Set, Privacy, Security or Standard Identifier Incident, or use or Disclosure of PHI not provided for by this contract, notify the VAMC, Point of Contact (POC) and promptly provide a report to the VAMC, POC. An incident will be considered any attempted or successful unauthorized access to, use, disclosure, modification, or destruction of, or interference with PHI, or an event that causes the VA to be considered non-compliance with the Administrative Simplification provisions of HIPAA as determined by the Department of Health and Human Services. Use only Contractors, who are physically located within a jurisdiction subject to the laws of the United States. Ensure there is no use or disclosure of PHI received from the VA in any way that will remove the PHI from such jurisdiction. Upon completion of the applicable contract(s), return or destroy the PHI gathered, created, received or processed during the performance of the contract(s), and no data will be retained by the Contractor, unless retention is required by law or regulation or expressly permitted herein. Ensure that all PHI has been returned to the COR or destroyed by the Contractor, or both; as deemed appropriate by the COR. If immediate return or destruction of all data is not possible, assure that all PHI retained will be safeguarded to prevent unauthorized uses or disclosures. Until assurance is provided, the Department of Veterans Affairs may withhold 15% of the final payment of the contract(s). Security of Systems and Data, Including Personally Identifiable Data a. ) Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department, data that the Contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the Contractor shall comply with all security requirements applicable to Department of Veterans Affairs systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The Contractor shall provide access to and information regarding the Contractor s systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. The use of Contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the Contractor provides a letter to the contracting officer (CO) certifying the following requirements: Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; The Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism. The Contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All VAMC information is sensitive information unless designated as non-sensitive by the Department. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing VAMC data, shall not be removed from VAMC facilities unless encrypted using a NIST FIPS 140-2 approved product; When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to Dept of Veterans Affairs; Contracting firms shall keep an accurate inventory of devices used on VAMC contracts; Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; All VAMC data will be removed from Contractor-owned laptops upon termination of Contractor work. This removal must be accomplished in accordance with VAMC IT Security Standard requirements. Certification of data removal will be performed by the Contractor s project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of Contractor work. b) Data Security: By acceptance of, or performance on, this contract, the Contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor will immediately (and in no event later than within one hour of discovery) report the breach to the VAMC CO and the contracting officer's representative (COR). Personally Identifiable Information Notification Requirement The Contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the Contractor shall be coordinated with, and be subject to the approval of, the Department. The Contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. Subcontracting Subcontracting of this contract is prohibited. All work is to be performed by the contractor. 1.4.4. Health and Human Services - Office of Inspector General: 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. 1.4.5. Confidentiality. All Contractor personnel performing services under this contract must complete a confidentiality certification. Date: From: Subj: Confidentiality Statement To: {NAME OF VA FACILITY} 1. You have been designated to lend competent court recorder transcription in the preparation of {TYPE OF BOARD OR HEARING}. It is essential to the integrity of the complaint process that the personal and sensitive material obtained in the course of this investigation is kept confidential. 2. While you will not be sworn to secrecy or requested to give a pledge of confidence, you are advised that discretion must be exercised relative to the confidentiality of the material contained in this file. The Privacy Act and the Code of Federal Regulations prohibit disclosure of information of this nature. 3. Your cooperation in this matter is appreciated. Contracting Officer Acknowledge receipt of this memorandum and intend to comply with its provisions. Print Name: ____________________________ Signed: _______________________________ Date: _________________________________ Witnessed: ____________________________ Date: _________________________________ 1.5. Quality Control 1.5.1. The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable government standards. No transcripts shall be forwarded to the government until the quality checks reveal full format conformance and freedom from error. 1.5.2. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs or any other personal identification data) when timely delivery cannot be made, and estimated time when correction of delivery will be made. 1.6. Performance Assessment: The Government will evaluate the Contractor s performance under this contract using the method of surveillance specified below. All surveillance observations will be recorded by the government. When an observation indicates defective performance, the COR will provide the Contractor with a copy of the record of the observation. Para No. Performance Objective Standard (AQL) 5.3 Full Representative at all scheduled hearings A trained and experienced transcriptionist with past experience in AIBs, EEO Hearings, DAB, MSPB or Arbitration Hearings is prompt and present for all scheduled hearings with functioning recording equipment Not late to more than 1 hearing per year. All direct and indirect costs associated with re-hearings will be reimbursed to the Government 5.7 Timely Delivery Transcribed paper copies and digital CD are delivered within the timeframe specified by the COR. Less than 1% of the reports are late 5.8 5.11 Error-Free Deliverables Hearing recordings, transcriptions and photocopies accurately reflect that which transpired at the hearing, the individual testimonies are appropriately bound in a sturdy plastic folder, clear front cover, with metal prongs, include an acknowledgement/errata sheet inserted at the front, and a word index behind the testimony. Less than 1% of recordings, transcriptions and photocopies must be returned for correction by the Contractor. All corrections are made and re-delivered to the COR within three (3) days of notification of the need for correction. 1.6.1. Monitoring Procedures: The designated VA staff member overseeing the hearings will evaluate the quality and timeliness of the product and services and notify the COR of the acceptability of the product and services. However, only an appointed COR is authorized to monitor contract performance and only a Warranted Contracting Officer is authorized to make changes to the contract by way of written contract modifications. Contractor attendance and actual services rendered through the establishment and maintenance of a reliable record system, which will be the mechanism for certifying the invoice for payment. 1.6.2. Failure to maintain the required accuracy rate shall be grounds for termination of this contract. The Contractor is responsible for providing clear, legible, printed copies of each report. The Contractor shall assign a Project Manager for the purpose of insuring compliance with the provisions of this contract and that the quality controls standards are met or exceeded. 1.6.3 Definitions: Blanks omissions of a word or a series of words in the transcription as a result of dictation which is intelligible to the VA Line standard type measuring 6.5 inches in the aggregate Date of dictation date document dictated Date of transcription date document typed Partial lines measuring less than 6.5 inches long in the aggregate. 1.7. Hours of Operation 1.7.1. Normal Business Hours. Normal business hours within VHA Medical Centers is 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. Services required by this contract will normally only be required during normal business hours; however, work outside these hours may be required.. 1.7.2. Federal Holidays. The ten holidays observed by the Federal Government are: New Year s Day; Martin Luther King s Birthday; President s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday. In the event a holiday falls on a week end day (Saturday or Sunday), the normal observance is the connecting weekday. SECTION 2. Standard Definitions Acceptable Quality Level (AQL): The AQL is the maximum percent defective that, for purposes of sampling inspections can be considered satisfactory. Administrative Investigation (AI): A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency. Administrative Investigation Board (AIB): The standard procedures established under VA Directive 0700 and this Handbook for collecting and analyzing evidence, ascertaining facts, and documenting complete and accurate information regarding matters of interest to VA. Members are the person or persons appointed by a Convening Authority to conduct the AIB. Contracting Officer (CO): A sole individual appointed with the authority to enter into and administer contracts on behalf of the U.S. Government. Contracting Officer s Representative (COR): An individual designated by the contracting officer to act as his representative to assist in administering a contract. The source and authority for a COTR are contained in the written letter of designation from the Contracting Officer. Convening Authority: The authority responsible for convening and supervising administrative investigations under VA Directive 0700. Convening Authorities include the Heads of VA Administrations and Staff Offices, Chief executives of VA facilities, and authorities senior to any of them in the VA organization. Defective Service: A service output that does not meet the standard of performance associated with it in the Performance Requirements Summary (PRS). Federal Acquisition Regulations (FAR): The laws governing Government contracting procedures. Investigative Report (IR): The standard format for conveying the results of an AIB, designed to enhance clarity and to facilitate review and decision-making. The essential components an investigative report are findings of fact, conclusions, and exhibits. Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the government to assure contract performance standards are met by the Contractor. Performance Work Statement (PWS): A statement that outlines the services needed for a Performance Based Service contract. Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the PWS. SECTION 4. Contractor Furnished Items and Services 4.1. GENERAL. The Contractor shall furnish everything required to perform this contract. SECTION 5. Specific Tasks 5.1. The Contractor agrees that, at a minimum, all assigned court reporters shall: Prior to the scheduled meeting time: Present himself/herself to the presiding COR in order to obtain a Temporary Identification badge from the PIV Office. (Estimated time for this evolution is 30 minutes.) This badge will have to be returned by the Contracted Employee to the PIV Office upon completion of the assignment. After receipt of badge, proceed to the designated hearing location and have all equipment set up and ready by the scheduled hearing time. Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters. Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record proceeding for which notes have been taken as required. 5.2. Hearings shall be properly recorded by Court Reporters using electronic recording devices, in addition to their physical presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum: have two (2) channels. be continuously monitored by an operator. have simultaneous playback, listening pre-amplification and speaker identification capabilities. have an equipment malfunction indicator. The Court Reporter must maintain an audio recording of the testimony, available to the team leader or COTR for the process as needed to clarify issues associated with testimony content. 5.3. An experienced, competent Court Reporter shall be present in the room when witnesses are interviewed, testimony is given and/or when witnesses are called back for additional testimony. The team leader or other designated VA staff member will inform the Court Reporter of the anticipated duration of the process, and when the process has been completed. 5.4. The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable Government standards. No transcripts shall be forwarded to the Government until the quality checks reveal full format conformance and freedom from error. 5.5. When actual discrepancies in the transcribed testimony and the audio recording are identified and verified by the team leader or other designated point of contact, the Court Reporter shall produce a corrected version at no additional cost to the Government. 5.6. The Contractor shall be fully responsible for all loss or damage to materials associated with this PWS while in the Contractor s care and custody. The Contractor shall keep accurate records of the materials picked up from the government. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government. 5.7. Hearing and Deliverables Timelines: 5.7.1. The Administrative Investigations have an established timeframe for completion of 45 calendar days of the date the AIB is convened; whereby sworn or affirmed testimony is obtained by a team charged with investigating a particular issue or event. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 3-5 business days). 5.7.2. EEO Hearings may have a short turnaround time for completion of 3-5 days as established by a judge. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 3 business days) in order for the deadline to be met. 5.7.3. MSPB processes rarely exceed 3-5 days. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 3 business days) in order for the deadline to be met. DELIVERY SCHEDULE/THIRD PARTY COPY An original, two copies, one mini-condensed copy, and one electronic copy in Portable Document Format (.pdf) on compact disc with key word indexes shall be delivered double sealed, via Fedex, UPS, or U.S. certified mail, during regular business hours (8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays) with postage or other transportation charges fully prepaid by the Contractor as follows to the address provided by the COR. The Contractor will provide the COR with the tracking number. 1. Regular copy Final transcripts shall be delivered within five (5) calendar days after conclusion of the proceedings. Computation of this period shall commence on the calendar day following conclusion of the proceeding. 2. Accelerated copy - Daily copy of transcripts shall be delivered within three (3) days after the conclusion of each day of the proceedings. Computation of this period shall commence immediately upon conclusion of each day of the proceedings. 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. Requests for Services will be made either in writing or by telephone by the Contracting Officer or the Medical Center POC delegated authority to place oral calls. The contractor will determine within a reasonable time, normally within 48 hours of the time the request for services was made, 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. e. Regardless of whether the delivery ordered is regular or accelerated copies, if the contractor fails to deliver the transcript to the Government within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the VA. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default, and subjects the Contractor to the default provision of this agreement. 5.8. Transcription Format: 5.8.1. The Court Reporter shall index each individual transcript and include behind each bound testimony a tabbed index stating WORD INDEX. The evidence and information gathered during the course of the investigation shall be organized in an appropriately indexed investigative file that includes a numerical or alphabetical list of each time a symbol, number or word was used and the page number and line number. 5.8.2. The transcribed testimony product must be accurate, double-spaced, printed, and bound in a satisfactory manner, according to accepted standards for court reporting, which at a minimum includes one original and one copy of each witness s testimony. Each individual testimony shall be bound in a sturdy plastic binder with clear plastic cover, with no loose sheets. All are to be securely fastened into the binder with metal prongs (not plastic binding). Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony. 5.8.3. An ACKNOWLEDGEMENT sheet shall be included as the last page of each testimony to include a certification statement at the top that the testimony is accurate to include blanks for a date to be filled in and a signature block for each. The second half of this acknowledgement sheet shall include a place for corrections, i.e., Page No. ____, Line No. ____, and a blank to write in the corrections. 5.8.4. Visible Black Character. i. A Visible Black Character is defined strike-able and visible characters and includes any printed letter, number, symbol, and/or punctuation mark excluding any or all formatting (e.g., bold, underline, italics, table structure, formatting codes). All visible black characters can be seen with the naked eye as a mark, regardless of whether viewed electronically or on a printed page. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z a b C D e f G H I j k l m n o p q r s t u v w X y z ~ ! @ # $ % ^ & * ( ) _ + { } | : ? ÷ ± ` 1 2 3 4 5 6 7 8 9 0 - = [ ] \ ; , . / ii. Visual Black Character (VBC) Line or ASCII no Spaces Line. A VBC Line is defined as the total number of characters you can see with the naked eye, divided by 65. It includes any character contained within a header or footer. Spaces, carriage returns, and hidden format instructions, such as bold, underline, text boxes, printer configurations, spell check, etc., which are not counted in the total character count. A VBC Line is calculated by counting all visual characters and simply dividing the total number of characters by 65 to arrive at the number of defined lines. 5.8.5. All documents shall by typed using black ink on white good quality paper. Paper shall be 8 ½ by 11 inches with ruled margin of 2 at the left side and ruled margin of 1 at the right side, and a ruled margin of 1 at the top and bottom . A number indicating each line of the document upon each page, i.e., 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript. 5.8.6. Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary. 5.8.7. In the original and each copy of the transcript, outside the ruled margin, the cover page and each subsequent page of the transcript (including the Certificate and Acknowledgement) shall show the name, address, and phone number of court reporting service centered at the bottom and the page number of the transcript in the bottom right corner. 5.8.8. The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the investigation, hearing, etc. 5.8.9. The original transcript and (1) copy shall be authenticated by the Official Reporter by a certificate page in the following form, which shall be included before the Acknowledgement: CERTIFICATE I, (name of transcriber), do hereby certify that said witness (name of witness), whose testimony appears herein, was duly sworn, that said transcript is a true record of the testimony given by said witness. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.                                                      Name of Court Reporter 5.9. Error-Free Deliverables: Transcribed material in finished form should have an error rate of less than one error per 100 lines in form and content, provided that dictation can be clearly heard and understood. If there are any problems as to the quality of the dictation, the Contractor should contact the COR for clarification immediately. If completed work contains more than the allowable error rate; it will be returned for correction at no additional cost to the government. Original dictation should not be changed except to correct minor grammatical errors, provided the meaning or intent of the original dictation is not altered in any way. An agreed upon means of identifying missing/unintelligible information will be used. The following are considered to be errors: Misspelled words Omitted materials Transposed letter or numbers Information located in the wrong field Entering material other than what is dictated Punctuation if it changes the meaning of the sentence Formatting of the documents in a manner other than what is identified in 5.8. and its subparagraphs 5.10. Retention of Notes and Transcripts: The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made there from, shall be filed and held by the reported subject to authority and control of the Department of Veterans Affairs for a period of one year. 5.11. Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorneys fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include: Loss of original recordings, transcripts or photocopies. Failure of the Contractor s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time. Receipt of products by the Government in such poor condition as to be unusable. Attempted use of electronic recording equipment which does not conform to the requirements noted herein. Failure of the Contractor to deliver transcripts within the timeframe identified after a hearing. Important information: The Government is not obligated to nor will it pay for or reimburse any costs associated with responding to this sources sought synopsis request. This notice shall not be construed as a commitment by the Government to issue a solicitation or ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The Government will in no way be bound to this information if any solicitation is issued. If response by Service Disabled Veteran Owned Small Business firms proves inadequate, an alternate set-aside procedure or full and open competition may be utilized. The North American Classification System (NAICS) code for this acquisition is 561492 Court Reporting Services ($15.0 Million). Notice to potential offerors: All offerors who provide goods or services to the United States Federal Government must be registered in the System for Award Management (SAM) at www.sam.gov and complete your Representations and Certifications (Reps and Certs). All interested Offerors should submit information by e-mail to Joseph Cellino, Contract Specialist at [email protected]. After review of the responses to this announcement, the Government intends to proceed with the acquisition and a subsequent solicitation will be published.