The Contractor shall provide, when needed onsite/virtual transcription/stenography services. Services to be performed for Human Resources program located at the John J. Pershing Veterans Administratio... The Contractor shall provide, when needed onsite/virtual transcription/stenography services. Services to be performed for Human Resources program located at the John J. Pershing Veterans Administration Medical Center (JJPVAMC) at Poplar Bluff, MO.
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John J. Pershing VA Medical Center Statement of Work GENERAL INFORMATION Title of Project: Court Reporting Services Scope of Work: The Contractor shall provide, when needed, on-site transcription/sten... John J. Pershing VA Medical Center Statement of Work GENERAL INFORMATION Title of Project: Court Reporting Services Scope of Work: The Contractor shall provide, when needed, on-site transcription/stenography services as defined herein. Services to be performed for Human Resources program located at the John J. Pershing Veterans Administration Medical Center (JJPVAMC) at Poplar Bluff, MO. The contractor is responsible for providing transcription/stenography services and shall furnish all personnel, management, transportation, materials, parts, supplies, and equipment required to perform services as defined in this contract. This requirement consists of a base year plus four option years. Background: This requirement has traditionally been acquired on a per proceeding basis. The facility has no control over when a proceeding may be required so it is extremely difficult to forecast the number of proceedings that may be required on an annual basis. The estimated quantities provided in the Price Schedule are based upon recent historical usage that projects an estimate of twenty-four (24) proceedings per year may be required. A proceeding is defined as an individual hearing; however, one hearing may result in multiple proceedings. Performance Period: The Contractor shall begin the work required under this SOW commencing with the effective date of award, unless otherwise directed by the CO, and shall provide the required services until the date of contract expiration. (5) In the event that the Department of Veterans Affairs and the American Federation of Government Employees (AFGE) Master Agreement is renegotiated or changed relevant to the cost sharing of transcript services this contract may be offered for renegotiation, or terminated, if both parties do not agree to renegotiate to comply with the requirements of the new, or changed, Master Agreement. Any such notice to renegotiate this service contract as a result of a new Master Agreement or a change to the Master Agreement will be made in writing from the Contracting Office. REQUIREMENTS Services to be performed include recording, transcribing and furnishing typed transcriptions of conferences, courtroom and/or legal proceedings, depositions, advisory board, accident investigation board, fact finding meetings, and committee meetings, personal grievance and appeal hearings and other administrative hearings. Dictation may be recorded by stenotype machine, steno mask, 100% shorthand, tape recording devices or any combination of the above. When dictation is recorded by tape recording devices, equipment must be of such quality as to ensure against error, misinterpretation or loss of voice. Equipment must be continuously monitored by the contractor, and proper operations shall be the responsibility of the contractor. The Contractor shall hold inviolate and in the strictest confidence all information of an official character which he or she may gain in the performance of their duties under this agreement. (4) The Contractor, its agents or employees, shall not during this contract with the Government, hold any position or official relationship with, own any stock or bonds of, or have any peculiar interest in any participants of the proceedings. (5) Depositions shall be taken by the duly authorized notary and no separate fee is to be charged for notary service, administering oath or affixing seal. FORMAT The transcript and all exhibits shall be provided electronically, in Adobe.pdf format and may also be downloadable by the VA from a Contractor provided secure internet site. In the original and each copy of the transcript, the title page showing name, docket number, if applicable, place and date of proceedings, appearance, location, etc., shall be preceded by a page or pages indexing the speakers and/or witnesses and exhibits. Each transcript shall include one complete index of speakers and or witnesses. The index shall indicate the page where testimony and/or speech of every person begins and shall identify the exhibits by number showing what part introduced them and giving a brief description of the nature of the exhibit. In addition to the above, each transcript will include showing that the contractor has sought the identity of each person/party seeking to purchase a copy of the transcript on each hearing day / proceeding and their decision whether or not to purchase a copy of that transcript from the contractor. Typing shall be double spaced. Whenever testimony and/or speech is continuous requiring more than one line, the typing shall begin as close as possible the left ruled marginal line; words shall be properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at the full page rate. No payment will be made for lines in excess of 25 lines of the page. Numbers indicating each line of transcription upon each page, i.e. 1 to 25 inclusive, shall be printed at the left marginal line of the original transcript. The paging of the transcript of a further proceeding shall follow consecutively the paging of the previous proceeding in the same proceedings, unless otherwise directed by the presiding officer. Page numbers are to be placed at the bottom of each page. Exhibits, in connection with the proceeding shall, unless otherwise directed by the presiding officer, be marked and numbered or lettered by the recorder, arranged in numerical or alphabetical order and transmitted with the transcript to which they relate. The marking shall indicate clearly by whom the exhibit was offered. Such documents shall be copied into the record unless the presiding officer otherwise directs. The presiding officer may, at his discretion, direct that such documents be read or copied into the record in part or in full. If any document is withdrawn, or for any other reason is not filed with the transcript, a memorandum shall be inserted by the Contractor in the place of the document stating its nature, how numbered or lettered and marked, and the reason for its absence. The number of exhibits introduced at a proceeding or in a reopened case shall follow consecutively the number of the last previous exhibit introduced by such party. SUPERVISION. The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present oneself to the person in charge of the proceedings and shall be at all times governed by the instructions of the adjournment to other times or places, and matters of like character. REPORTING Everything spoken during a session shall be reported and incorporated into the transcript unless the presiding officer otherwise directs. This shall include a record of appearances, with the names and identification of parties who actually testify or speak at the proceedings or who request the entering of their appearances, together with such other matters as may be directed by the presiding officer. No part of the proceedings, which have been taken, shall be omitted from the record unless the presiding officer so directs. A full and complete verbatim record shall be made and transcribed. (f) RECESS. Upon notification by the reporter for a request to recess in order to replace paper, tape or other necessary materials used in performance of the work, the presiding officer shall grant such a request and order a recess for a reasonable time. (g) ACCURACY OF TRANSCRIPT It shall be the responsibility of the Contractor to furnish complete transcripts which accurately reflect the full and complete verbatim record of the hearing. If electronic sound recording devices are used, they must be of such a quality as to ensure against error, misinterpretation, or loss of voice. Equipment must be operator monitored and include simultaneous playback, listening, pre-amplification and speaker identification facilities. When errors attributable to the Contractor s performance appear in the transcript (i.e. those which change or obscure the meaning of the testimony but not including typographical errors or misspelling if the extended meaning is clearly evident, such as their for there or two for too , etc.) in an excess of one (1) error per 100 words of transcripts, the ordering agency may demand and the Contractor shall correct the errors and furnish corrected transcripts within five (5) calendar days after receipt of notification, and without additional cost to the ordering agency for same, regardless of the delivery time the original order specified. (h) LEGIBILITY OF COPIES. The original copy shall be clearly legible; additional copies may be made from originals that are clearly legible. TYPE OF HEARINGS Hearings, conferences, etc., shall be designated public or private. The Government shall be the sole judge as to the type, and the Contractor binds himself to comply with the determination of the presiding official. The term HEARING , as used in this contract means one (1) hearing, proceeding, conference, case, trial, etc. public or private. NOTE: If reporter is slated for full day and arrives on site then case settles, or if testimony is taken and transcript is not ordered, i.e. case settles, the charge for appearance will be two (2) hours at the contracted hourly rate. (j) PROGRESS REPORTS. When required, a report shall be made by the Contractor each day for each case or each day s proceedings in a given case and shall be mailed the same day, postage paid, to the JJPVAMC. If a case has been assigned for a proceeding and is called but not heard at the time and place indicated in the notice of assignment a record shall nevertheless be written up with the title page, list of appearances, a memorandum of the date, hour and place at which the proceedings was called, with a statement showing what action was taken and why the proceeding was not held. (k) DATA (1) All notes, transcripts, records and any other material which is part of or related to, any action recorded by the Contractor shall be maintained by the Contractor for at least sixty (60) days from the date that transcript was taken by the Contractor. After a six-month period has passed from the date a transcript was provided and payment rendered the Contractor must dispose of transcripts. Please see section (x) below for RECORDS MANAGEMENT procedures. (l) LEGAL REQUIREMENTS AND PERMITS. The Contractor shall obtain, at his own expense, all necessary licenses and permits and shall conform to all laws, regulations, and ordinances applicable to performance of services specified in this contract. (m) COMPUTATION OF TIME. The thirty (30) calendar day requirement specified in paragraph (p), titled Regular Copy shall be applicable to transcripts completed after each hearing date / proceeding only. Transcripts shall be considered complete only when a final decision on the hearing has been rendered and delivered to the Contractor. (n) DELINQUENT TRANSCRIPTS (1) When a transcript is designated regular, such a designation indicates that the Government requires delivery of the transcript within the time prescribed in this agreement for the kind of delivery ordered. When transcripts are designated as regular but are not delivered in accordance with the period of time prescribed in this agreement for the kind of delivery ordered, payment to the Contractor will be made at the rates applicable to the time of delivery actually achieved; except that (1) if the Contractor, regardless of the type of delivery ordered, fails to deliver the transcript to the Government within the applicable period prescribed for regular transcript, a further reduction in price will be made as follows in computation of the injury caused to the Government by the Contractor s delayed delivery. (2) The amount to be paid for the transcript will be reduced by 2% of the price for the transcripts, computed at the regular rate, for each business day or fraction thereof that delivery is deferred beyond the limit applicable to delivery of regular transcript, up to a total of 50% of the regular transcript price. Waiver of the above liquidated damages may be granted by the Contracting Officer upon written petition of the Contractor stating the cause for the delay. Nothing in this paragraph shall be construed to abrogate the performance requirements of this agreement or to permit the Contractor or his representative to fail to perform services as specified herein. Failure to furnish a reporting service or delinquency in the delivery of a transcript may result in termination of the contract. (o) DELIVERY TIME. Unless the Contractor is otherwise directed, all transcripts ordered shall be delivered to the office designated by the ordering agency during regular business hours, with postage or other transportation charges fully prepaid by the Contractor. Copy to be furnished shall be regular as defined below. (p) REGULAR COPY. Transcripts shall be delivered within thirty (30) calendar days after the hearing date. (q) DELIVERY PRICES. Prices shall include all recordings, transcribing and furnishing of official copies of proceedings in Adobe.pdf delivered to a destination designated by the ordering agency. (r) INABILITY OF CONTRACTOR TO PERFORM OR APPEAR. The Contractor shall obtain and remunerate a substitute whenever he/she is unable to perform the services. The substitute must be qualified to perform the services and must adhere to the terms and conditions of this contract. (s) CANCELLATION OF HEARINGS. In cases when a proceeding must be cancelled, the Contractor shall be notified by the Government at least 24 hours prior to his/her scheduled appearance. Failure to do so will result in payment for that appearance. NOTE: Government to notify the Contractor s representative identified in section B.1 of all cancelled hearings. (t) CONTRACTOR UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without prior written approval of the CONTRACTING OFFICE, such deviation shall be at the risk of the Contractor and any cost thereto shall be borne by the Contractor. (u) EMPLOYEES The Government reserves the right to remove any employee who violates federal regulations or is identified as a potential threat to the security, safety, health, or the operational missions of this medical facility and its population. The removal of such a person shall not relieve the Contractor from providing all required contract services described herein. Contractor employees shall not loiter on or around the facility during off-duty hours. The Contractor shall furnish qualified supervisory, administrative, journeyman and other personnel to accomplish all contract requirements. When performing contract services, Contractor employees shall wear neat and clean clothing. Contractor employees must be identified by having company and employee name on their uniform or a tag/badge attached to chest are of their clothing. (v) CONFLICT OF INTEREST. The Contractor shall not employ the following personnel: Any John J. Pershing VA Medical Center personnel or a family member of same. An employee of the U. S. Government if the employment of that person would create a conflict. An alien who does not have a valid U.S. Immigration Alien Registration Card. (w) Copies of Transcripts. (1) The VA will pay for one copy of the transcript. (2) Arbitrator copy request. If the arbitrator requests a copy of the transcript the VA will pay half of the cost of the copy. The vendor will need to bill the union for the other half of the cost of the copy. (3) If the union requests a copy of the transcript, the union will pay the total cost for the transcript. The contractor may not provide a copy to any party that has not requested a copy and agreed to pay for their copy in accordance with paragraphs (ac) (1), (ac) (2), or (ac) (3) above. (x) CONTRACTOR FURNISHED ITEMS AND SERVICES General: Except those items or services specifically stated to be Government furnished, the Contractor shall furnish everything required to perform services as defined in this contract. Responsibility: The Government will not be responsible for the Contractor s personnel supplies, equipment, materials, or belongings (such as repair tools and equipment, diagnostic software, etc.) brought into the buildings or on the grounds to perform services. This includes items such as loss or damage caused by fire, theft, tornado, hurricane, accident, or other disaster. (y) ROLE OF GOVERNMENT ACTIVITY REPRESENTATIVE FOR INSPECTION, ACCEPTANCE, AND OTHER DUTIES. Responsibilities: Performs surveillance and inspection of services required under this contract; determines the adequacy of Contractor performance per contract specifications; acts as the Government s Representative at the work site; insures compliance with contract performance requirements; and advises the CONTRACTING OFFICER of any factors that may cause performance delays. The GOVERNMENT REPRESENTATIVE cannot authorize deviations from contract requirements and specifications.
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