10-K27-0014-25A - Court Reporting and Transcription Services.pdf

Solicitation No. K27-0014-25A – Court Reporting & Transcription Services

Rev. 11/06/2025

STATE OF MARYLAND

ADMINISTRATIVE OFFICE OF THE COURTS

PROCUREMENT, CONTRACT AND GRANT ADMINISTRATION

187 HARRY S. TRUMAN PARKWAY

ANNAPOLIS, MD 21401

INVITATION FOR BIDS (IFB)

FOR

Court Reporting & Transcription Services

Solicitation No. K27-0014-25A

To help us improve the quality of the Administrative Office of the Courts solicitations and to make our procurement process more responsive and business friendly, Bidders may provide comments and suggestions regarding this solicitation by utilizing the Intent to Bid under the Submission section of the solicitation.

The sole point of contact for this solicitation is the Procurement Officer. Bidders are specifically directed NOT to contact any other Maryland Judiciary personnel or its contracted consultants for meetings, conferences, or discussions that are specifically related to this IFB at any time prior to any award and execution of a contract. Unauthorized contact with any Maryland Judiciary personnel or the Maryland Judiciary’s contracted consultants may be cause for rejection of the Bidder’s bid.

Unless otherwise stated in this solicitation, the Maryland Judiciary's Procurement Portal will be the sole method of communication during all phases of the solicitation and award process. We encourage Bidders to whitelist emails from the Procurement Portal to ensure relevant emails are not blocked and/or marked as spam. Additionally, Bidders are strongly encouraged to access the Procurement Portal on a regular basis to view and respond to relevant communications.

Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises (VSBE) are encouraged to respond to this Invitation for Bids.

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KEY INFORMATION SUMMARY SHEET

Invitation for Bids (IFB)

Court Reporting & Transcription Services

Solicitation No. K27-0014-25A

IFB Issue Date: 04/22/2026

IFB Issuing Office: Procurement, Contract and Grant Administration

Procurement Officer: Aarica Dupree

Maryland Judiciary, Administrative Office of the Courts

Department of Procurement, Contract and Grant Administration

187 Harry S. Truman Parkway

Annapolis, MD 21401

410-260-2539

Aarica.dupree@mdcourts.gov

Bid Submission: Submissions are exclusively accepted electronically via the Procurement Portal.

Important Events: Refer to the project details and important events on the Procurement Portal for the date and time of the pre-proposal conference (as applicable), site visit(s) (as applicable), deadline for questions, and solicitation closing date & time.

Contract Term: The contract term will be for a period of one (1) year after the date of contract execution with the AOC retaining the sole right to exercise four (4) one-year renewal options at its discretion.

https://www.mdcourts.gov/procurementportal

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TABLE OF CONTENTS

SECTION I. GENERAL INFORMATION

A. PURPOSE

B. ABBREVIATIONS AND DEFINITIONS

C. PROCUREMENT OFFICER

D. CONTRACT MANAGER

E. BID OPENING

F. DURATION OF BID

G. REVISIONS TO THE IFB

H. CANCELLATIONS

I. PROTESTS/DISPUTES

J. MULTIPLE OR ALTERNATE BIDS

K. ARREARAGES

L. VERIFICATION OF REGISTRATION AND TAX PAYMENT

M. FALSE STATEMENTS

N. PRESS RELEASES

O. PAYMENTS TO SUCCESSFUL BIDDER

P. NON-DISCLOSURE AGREEMENT

Q. DAMAGE TO STATE AND PERSONAL PROPERTY

R. BIDDER SECURITY REQUIREMENTS

S. ACCESS TO AOC INFORMATION TECHNOLOGY SYSTEMS

T. ACCESS AND BACKGROUND CHECKS

U. REQUIRED POLICIES, GUIDELINES, AND METHODOLOGIES

V. SUBSTITUTION OF PERSONNEL

SECTION II. INSTRUCTIONS TO BIDDERS

A. CONTRACT TYPE

B. PROCUREMENT METHOD

C. AWARD BASIS

D. PRE-BID CONFERENCE

E. QUESTIONS

F. BID CLOSING DATE & TIME

G. INCURRED EXPENSES

H. ECONOMY OF PREPARATION

I. PUBLIC ACCESS TO JUDICIAL RECORDS

J. BIDDER RESPONSIBILITIES

K. ACCEPTANCE OF TERMS & CONDITIONS

L. ACCEPTANCE OF SERVICES

M. DIVERSITY & OUTREACH PROGRAMS

N. INSURANCE

O. BID/PROPOSAL AFFIDAVIT

P. CONTRACT AFFIDAVIT

SECTION III. SCOPE OF WORK

A. SUMMARY

B. BIDDER MINIMUM QUALIFICATIONS

C. SCOPE OF WORK

D. INVOICING

SECTION IV. BID SUBMISSION

A. BID SUBMISSION

B. BID SUBMITTALS

C. EVIDENCE OF BIDDER RESPONSIBILITY

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ATTACHMENTS

Attachment A – Standard Contract Agreement Sample

Attachment B – Bid/Proposal Affidavit

Attachment C – Contract Affidavit Sample

Attachment E – Bid/Price Proposal Form

Attachment F – Non-Disclosure Agreement Sample

Attachment L – Bidder/Offeror Profile

Attachment M – Bidder/Offeror Experience

Attachment 1 – Court Reporting Manual

Attachment 2 – Sample Cover Sheet and Table of Contents

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SECTION I. GENERAL INFORMATION

A. PURPOSE

The Administrative Office of the Courts (AOC) issues this Invitation for Bids (IFB) on behalf the

Commission of Judicial Disabilities (CJD) to provide court reporting and/or transcription services on an as-needed basis.

B. ABBREVIATIONS AND DEFINITIONS

For this IFB, the following abbreviations or terms have the meanings indicated below:

1. AOC – Administrative Office of the Courts.

2. Bidder – An entity that submits a bid in response to this solicitation.

3. Contract – A formal, written agreement entered into by the Judiciary for the provision of materials, supplies, and/or services. A Contract sample is attached to this solicitation as Attachment A.

4. Contract Manager – The AOC representative that serves as the technical manager for the resulting contract. The Contract Manager monitors the daily activities of the contract and provides technical guidance to the Successful Bidder.

5. Diversity & Outreach Programs – Judiciary Program established to encourage and increase participation in Judiciary procurement by underrepresented or disadvantaged groups. The Program includes Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises

(VSBE).

6. eMMA – eMaryland Marketplace Advantage online procurement platform used to connect the supplier community with contracting opportunities from within the state, county, and local government entities.

7. IFB – Invitation for Bids

8. Local Time – Time in the Eastern Time Zone.

9. MBE – Minority Business Enterprise means any legal entity, other than a joint venture, organized to engage in commercial transactions, that is at least 51 percent owned and controlled by one or more individuals who are in a minority group (African American, Native American, Hispanic, women, or the physically or mentally disabled) that is socially and economically disadvantaged, and managed and operated by one or more of the socially and economically disadvantaged individuals who own it, and is so certified by the Maryland Department of Transportation.

10. Procurement Officer – The AOC representative responsible for this solicitation, for the determination of contract scope issues, and the only AOC representative who can authorize changes to the contract.

11. Procurement Portal – Strategic sourcing software allowing the Judiciary to receive and evaluate bids and proposals electronically.

12. Successful Bidder – The awarded Bidder.

13. VSBE - Veteran-owned Small Business Enterprise means any legal entity that meets the requirements set by the United States Small Business Administration, that is organized to engage in commercial transactions, and is at least 51 percent owned and controlled by one or more individuals who are Veterans, and who manage the operations of the business, and is so registered and certified in eMMA.

C. PROCUREMENT OFFICER

The sole point of contact in the AOC for purposes of this IFB is the Procurement Officer noted on the Key

Information Summary Sheet. The AOC may change the Procurement Officer at any time by written notice.

Only information communicated by the Procurement Officer shall be deemed the official position of the

AOC. No other State of Maryland or AOC employee, official, or representative has the authority to change the requirements of this solicitation. Attempts by the Bidder to circumvent this procedure in any manner may be grounds for disqualification.

D. CONTRACT MANAGER

The Contract Manager for post-award activities will be disclosed to the Successful Bidder. The AOC may change the Contract Manager at any time by written notice to the Successful Bidder.

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E. BID OPENING

The Procurement Officer shall hold all bids and modifications in a secure place (i.e., Procurement Portal) until the closing date, after which time the bids will be opened.

F. DURATION OF BID

Bids submitted in response to this IFB shall be valid and irrevocable for 90 days following the closing date for this IFB. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

G. REVISIONS TO THE IFB

1. The AOC reserves the right to amend this IFB at any time prior to the bid closing date and time. If the IFB is revised prior to the bid closing date and time, the AOC shall post any addenda to the IFB on the Procurement Portal and shall attempt to provide such addenda to all prospective Bidders that received the IFB or are otherwise known by the Procurement Officers to have obtained this IFB. It remains the responsibility of all prospective Bidders to review the Procurement Portal for any addenda issued prior to the submission of bids.

2. If one (1) or more than one (1) addenda are issued to this IFB, Bidders shall acknowledge receipt of all addenda on the Procurement Portal.

3. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, clarifications, or corrections set forth in the addendum, and may cause the bid to be rejected.

H. CANCELLATIONS

The AOC reserves the right to cancel this IFB; accept or reject any and all bids, in whole or in part, received in response to this IFB; or waive or permit cure of minor irregularities. Bidders, whose bids are not accepted, will be notified in writing.

I. PROTESTS/DISPUTES

Any protest or dispute related to this solicitation or the resulting Contract shall be subject to the provisions of the Judicial Branch Procurement Policy.

J. MULTIPLE OR ALTERNATE BIDS

Neither multiple nor alternate bids will be accepted.

K. ARREARAGES

By submitting a bid in response to this IFB, the Bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for

Contract award.

L. VERIFICATION OF REGISTRATION AND TAX PAYMENT

Before an entity can do business in the State of Maryland, it must be registered with the Department of

Assessments and Taxation (SDAT), State Office Building, 123 Market Place, Baltimore, Maryland 21202.

For registration information, visit: https://www.egov.maryland.gov/businessexpress

It is strongly recommended that any potential Bidder complete the registration prior to the due date for receipt of bids. A Bidder’s failure to complete registration with SDAT may disqualify an otherwise Successful

Bidder from final consideration and recommendation for Contract award.

https://www.egov.maryland.gov/businessexpress

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M. FALSE STATEMENTS

Bidders are advised that in connection with a procurement contract, a person may not willfully: Falsify, conceal, or suppress a material fact by any scheme or device; make a false or fraudulent statement or representation of a material fact; use a false writing or document that contains a false or fraudulent statement or entry of a material fact; or, aid or conspire with another person to commit any of these acts.

N. PRESS RELEASES

The Successful Bidder shall issue no press release to any publication, including newspapers and social media outlets, regarding work being conducted under the resulting contract from this IFB, or utilize the Maryland

Judiciary brand mark in any marketing materials, without the express written consent of the AOC.

O. PAYMENTS TO SUCCESSFUL BIDDER

1. By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. The selected Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption. The COT/GAC X-10 form can be downloaded at: https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

2. Payments to the Successful Bidder shall be made not later than thirty (30) days after the acceptance of deliverables, and receipt of a proper invoice from the Bidder. Any charges of interest or the like for late payment are prohibited.

P. NON-DISCLOSURE AGREEMENT

All Bidders are advised that if a contract is awarded as a result of this IFB, the Successful Bidder shall be required to complete a Non-Disclosure Agreement. A sample of this Agreement is included for informational purposes as Attachment F of this IFB. This signed Agreement must be provided with the Successful Bidder’s signed Contract.

Q. DAMAGE TO STATE AND PERSONAL PROPERTY

1. The Bidder, their employees, subcontractors, and agents shall be held directly responsible to repair, replace, or restore to its original condition, to the satisfaction of the AOC, curbs, roadway surfaces, wheel stops, shrubbery, trees, buildings, bollards, gates, light pole, sign poles or any other State-owned property which is damaged by the actions of the above-mentioned representatives.

2. The Bidder, their employees, subcontractors, and agents shall be held directly responsible for any damage caused by their action or inaction to privately-owned property and shall hold the State of

Maryland harmless for such damages.

R. BIDDER SECURITY REQUIREMENTS

1. The Successful Bidder, and all Successful Bidder personnel and subcontractor personnel assigned to the Contract, must comply with all applicable federal and state laws, regulations, policies, and AOC policies and procedures for the duration of the contract.

2. The Successful Bidder must comply with the Judicial Information Systems (JIS) Information

Security Policy. The Information Security Policy closely aligns with guidelines published by the

National Institute of Standards and Technology. The Information Security Policy is available online at: http://www.mdcourts.gov/procurement/index.html.

3. The AOC reserves the right to monitor all applicable computer and electronic equipment usage for compliance with its policies.

S. ACCESS TO AOC INFORMATION TECHNOLOGY SYSTEMS

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf http://www.mdcourts.gov/procurement/index.html

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1. The Successful Bidder’s personnel shall complete all required paperwork as directed for access to any AOC information systems.

2. The Successful Bidder shall ensure the list of authorized Bidder personnel is always maintained and accurate. The system access rights of Successful Bidder personnel must be updated no later than twenty-four (24) hours after notification of the change in status; therefore, the Successful Bidder shall immediately notify the Contract Manager and JIS Information Security of any termination of

Successful Bidder personnel or if any approved Successful Bidder personnel no longer require access to an AOC system. The AOC security identification badge and all issued AOC assets must be immediately returned to the Contract Manager.

3. To ensure compliance with the JIS Information Security Policy, the approval, configuration, and monitoring of secured remote access into AOC systems will be processed by JIS staff. All remote connections that utilize a shared infrastructure must utilize encryption for transmission of data and authentication.

4. Any software used to meet the requirements of this solicitation, on any AOC system, must be included in the Bidder’s bid. Software must be assessed by JIS and approved by the JIS Chief

Information Officer. At the discretion of JIS, proposed software may be determined to be a risk to system and information integrity security controls and therefore rejected. If software is to be used remotely, the Judiciary shall control the method of access to our network via Virtual Private Network

(VPN), firewall configurations, and/or segregating remote machine access within our environment.

5. Bidders using an As-a-Service (e.g., infrastructure, software, platform, hardware) subservice hosting provider (e.g., Microsoft Azure, Amazon Web Services, Google Cloud Platform) must submit a current Service Organization Control (SOC) 2 Type II report, or equivalent (as determined by the

AOC), for the subservice and for the As-a-Service service provider. A SOC 2 Type II report for the subservice alone does not meet the requirements of this solicitation.

T. ACCESS AND BACKGROUND CHECKS

1. Successful Bidder may be required to submit the following information for AOC engagements for

Successful Bidder personnel, subcontractors, third-party resources, temporary employees, and training candidates:

a. Full Name.

b. Phone Number.

c. Personal/Private email with no connection to employer.

d. Emergency contact information

2. Site visits to any AOC location must be coordinated by AOC staff with the designated site personnel in advance of any visit.

3. Any Successful Bidder personnel working at AOC locations, or on AOC systems or projects, or who have access to AOC or State criminal data or systems, must be approved in writing by the

Procurement Officer prior to beginning work.

4. All Successful Bidder personnel working on AOC premises, property, systems or projects, contracts, or who have access to AOC or State criminal data or systems, may be required to obtain a Criminal

Justice Information System (CJIS) State and Federal criminal background check prior to beginning work. The AOC reserves the right to refuse to allow any Successful Bidder personnel to begin work based upon criminal records.

5. All Successful Bidder personnel assigned to work at AOC locations may be required to obtain an

AOC security identification badge prior to beginning work, and annually thereafter. The Successful

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Bidder is responsible for any fees that may be incurred for initial issuance of the badge and for any replacement.

6. The security identification badge shall always be displayed while on AOC premises. To verify identity, the Successful Bidder personnel shall be prepared to provide photo identification upon request by an AOC employee.

7. Successful Bidder personnel are required to immediately notify the Contract Manager, the

Administrative Official of the respective department or office or the Contract Manager, if their security identification badge is lost or stolen.

8. The Successful Bidder personnel must notify the Contract Manager and the Administrative Official of the respective department or office, within one (1) business day if any personnel have been arrested, indicted, served with a criminal summons, named in a peace or protective order, or named as a defendant in any civil case. The Successful Bidder personnel are also required to provide regular updated information regarding the status of any of these court actions.

9. The Contract Manager, in conjunction with the Chief of the Office of Security Administration and the Procurement Officer, may impose restrictive conditions in response to prior criminal convictions, pending criminal charges, or a violation of AOC procedures, including removal from the contract, and/or restricted access to AOC locations or systems.

10. In the event of a security incident or suspected security incident, the Successful Bidder personnel shall immediately notify the Contract Manager:

11. The Successful Bidder personnel shall cooperate fully in all security incident investigations.

12. During the contract, if necessary, for the delivery of goods and services, the Successful Bidder may be provided an AOC asset in the form of a cell phone, laptop, or other electronic device. All AOC devices are the property of the AOC and must be returned in working, acceptable condition at the contract’s conclusion. If said devices are not in working acceptable conditions, Successful Bidder may be responsible for the cost of said device(s). All devices must be regularly updated as specified by the manufacturer and JIS and must adhere to all confidentiality guidelines as provided by JIS and the AOC.

13. If the AOC determines that there is cause for the Successful Bidder’s work to be suspended, the

Successful Bidder shall take the following steps:

a. Immediately cease to represent itself as providing services to the AOC.

b. Deliver to the AOC: (a) a report describing the current state of the Deliverables provided by the Successful Bidder under this Agreement and any applicable Statements of Work outstanding as of the date of termination; (b) all AOC Confidential information in its possession or, at AOC’s option, destroy all such AOC Confidential information; and, (c) all work product to the AOC within seven (7) business days as of the date of termination. Work product includes, but is not limited to, works for hire and materials as described in §29.3.

c. The Successful Bidder is responsible for all AOC assets (including but not limited to, laptops, tablets, computers, cell phones, other portable electronic devices, accessories, and peripherals, etc.), that have been provided to the Successful Bidder at the AOC’s cost. All

AOC issued assets are required to be surrendered to the AOC within five (5) business days of the termination of services. Assets will be subject to evaluation and can include normal and expected wear and tear but must be functional and operable. Assets that do not meet this condition may be subject to additional charge to the Successful Bidder. Successful Bidder shall be liable to the AOC for all assets not surrendered.

U. REQUIRED POLICIES, GUIDELINES, AND METHODOLOGIES

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The Bidder shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting information technology projects, which may be created or changed periodically by the

AOC. The Bidder shall adhere to and remain abreast of current, new, and revised laws, regulations, policies, standards and guidelines affecting project execution. These may include, but are not limited to:

1. A System Development Life Cycle (SDLC) methodology and framework based on best practices and industry standards, such as the incremental waterfall methodology, and the agile software development framework.

2. The Administrative Office of the Courts Judicial Information Systems Security Policy.

V. SUBSTITUTION OF PERSONNEL

1. Successful Bidder personnel may not be removed from working under the Contract without the express written approval of the Contract Manager, or designee, and shall be subject to the same requirements set forth in Access and Background Check Section of this IFB.

2. The Contract Manager may direct the Successful Bidder to replace any Successful Bidder personnel who, in the sole discretion of the Contract Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, AOC policies, or Contract requirements.

END OF SECTION I.

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SECTION II. INSTRUCTIONS TO BIDDERS

A. CONTRACT TYPE

The Contract that results from this IFB shall be based on Indefinite Quantity (i.e., indefinite amount of goods/labor/services at specified times or when ordered for fixed unit pricing).

B. PROCUREMENT METHOD

The Contract resulting from this IFB shall be awarded in accordance with the Invitation for Bids (IFB) process under the Judicial Branch Procurement Policy.

C. AWARD BASIS

After obtaining all required approvals, a contract shall be awarded to the responsive and responsible Bidder(s) submitting the most favorable bid. The AOC intends to make a single award under this IFB.

D. PRE-BID CONFERENCE

1. A Pre-bid Conference and site visit (as applicable) may be held on the date and time, and at the location (i.e., virtual or on-premises) indicated in the project details and important events sections of the solicitation on the Procurement Portal.

a. If the Pre-Bid Conference is to be held on-premises, Bidders are encouraged to bring a copy of this IFB and a business card to help facilitate a more efficient sign-in process. To ensure adequate seating and other accommodations at the Pre-bid Conference, please email the Pre-bid/proposal Conference Response Form (Attachment D) to the attention of the Procurement

Officer no later than one (1) business day prior to the scheduled Pre-bid Conference date and time.

b. If the Pre-proposal Conference will be held virtually, Bidders shall register using the registration link located in the important events section of the solicitation on the Procurement

Portal.

2. Bidder’s attendance at the Pre-bid Conference is encouraged in order to facilitate better preparation of bids. If the solicitation includes an MBE or VSBE goal, failure to attend the Pre-bid Conference will be taken into consideration as part of the evaluation of a Bidder’s good faith effort.

3. MBE & VSBE subcontractors are encouraged to attend the Pre-bid Conference to solicit their services to potential Bidders. In addition, all potential subcontractors, including potential MBE &

VSBE subcontractors, are encouraged to submit as an interested subcontractor on the Procurement

Portal for this specific opportunity under the Interested Contractor section.

4. If there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) business days prior to the Pre-bid Conference.

The AOC will make a reasonable effort to provide such special accommodations.

E. QUESTIONS

1. Bidders shall direct all communication regarding this IFB to the Procurement Officer. Submit questions to the Procurement Officer through the opportunity Q&A section on the Procurement

Portal, no later than the date indicated on the solicitation.

2. The Procurement Officer, based on the availability of time to research and communicate, shall answer questions at their discretion prior to the bid closing date.

3. Answers to all substantive questions that are not clearly specific only to one (1) Bidder will be answered via Addenda and will be furnished to all potential Bidders known to have received the IFB as posted on the Procurement Portal.

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4. The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the AOC unless issued in writing as an addendum.

F. BID CLOSING DATE & TIME

1. Bids must be received through the Procurement Portal not later than the date and time indicated on the solicitation. Bidders shall allow sufficient time to complete the submission process on the

Procurement Portal. Untimely bids will not be considered.

2. Bids may be modified or withdrawn by the Bidder through the Procurement Portal any time before the date and time set forth in the solicitation.

3. Unless specifically requested, bids not submitted electronically through the Procurement Portal will not be accepted.

G. INCURRED EXPENSES

The AOC will not be responsible for any costs incurred by a Bidder in preparing and submitting a bid in response to this IFB.

H. ECONOMY OF PREPARATION

Bids shall be prepared simply and economically providing a straightforward, concise description of the

Bidder’s ability to meet the requirements of this IFB.

I. PUBLIC ACCESS TO JUDICIAL RECORDS

1. Bidders shall specifically identify those portions of its bid that it considers confidential, proprietary commercial information, or trade secrets and provide justification why such materials, upon request, shall not be disclosed by the AOC under Title 16, Chapter 900 of the Maryland Rules.

2. The inspection of Judiciary procurement documents shall be governed exclusively by the Judicial

Branch Procurement Policy. Procurement documents are presumed to be open to the public for inspection, except as otherwise provided by the Judicial Branch Procurement Policy.

J. BIDDER RESPONSIBILITIES

1. Bidders shall be responsible for all goods and/or services and requirements set forth in this IFB including the contract performance of any subcontractor participation.

2. All subcontractors must be identified and a complete description of their role relative to the bid must be included in the Bidder’s bid. If the Successful Bidder requires the use of a subcontractor during the life of the Contract that was not identified in the bid or the role of an identified subcontractor otherwise changes, the Successful Bidder shall obtain approval from the Contract Manager. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) shall be identified as provided in the appropriate MBE/VSBE forms attached to this IFB.

3. If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder such as, but not limited to, references and financial reports, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s bid must contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization consents to the terms of the IFB and will guarantee the performance of the subsidiary.

4. A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualification of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. The Bidder will be evaluated on the extent to which the AOC determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in

3 Page 13 the performance of the contract, and the value of the parent’s participation as determined by the

AOC.

5. The Successful Bidder will be required to follow all current Judiciary protocols referencing pandemic flu or other infectious diseases including, but not limited to, proof of vaccination, producing negative

COVID tests, completing/passing an initial screening questionnaire, non-contact temperature taking, the wearing of personal protective equipment (e.g., face mask), and practicing appropriate social distancing. Failure to comply with any of the Judiciary’s protocol could result in being denied entry into Judiciary workspace, and mitigation up to and including contract termination.

K. ACCEPTANCE OF TERMS & CONDITIONS

1. By submitting a bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Standard Contract Agreement Sample attached hereto as Attachment A.

2. A bid that takes exception to these terms and conditions may be rejected.

3. By submitting a bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the contract.

L. ACCEPTANCE OF SERVICES

1. The Contract Manager or his/her designated representative has sole authority to determine the acceptable level of service.

2. When the Contact Manager or his/her designee determines that the Successful Bidder service is unsatisfactory, the Successful Bidder shall return to the site at the request of the AOC, or an authorized designee, and resolve the issue at no additional cost to the AOC.

M. DIVERSITY & OUTREACH PROGRAMS

The objective of the Diversity & Outreach Programs is to encourage and increase participation in AOC procurements by Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises

(VSBE).

1. Minority Business Enterprise

MBEs are encouraged to respond to this solicitation notice as Prime Contractors. In order to participate as an MBE in AOC procurements, MBEs must be certified by the Maryland Department of Transportation (MDOT). Additional information regarding certification can be located on the

MDOT Website: https://www.mdot.maryland.gov/tso/Pages/Index.aspx?PageId=90

a. There is no MBE goal established for this solicitation.

2. Veteran-owned Small Business Enterprise

VSBEs are encouraged to respond to this solicitation notice as Prime Contractors. VSBEs must complete three (3) steps: Supplier Registration, Veteran Verification, and VSBE Certification through eMMA. These steps are outlined by the State of Maryland VSBE program. Additional information regarding certification can be located at:

https://gomdsmallbiz.maryland.gov/Pages/VSBE-Program.aspx

a. There is no VSBE goal established for this solicitation.

N. INSURANCE

1. The Successful Bidder shall maintain, at minimum, the insurance coverages outlined in this section, or any minimum requirements established by law, if higher, for the duration of the contract including https://www.mdot.maryland.gov/tso/Pages/Index.aspx?PageId=90 https://gomdsmallbiz.maryland.gov/Pages/VSBE-Program.aspx

3 Page 14 option periods, if exercised. Evidence that the required insurance coverage has been obtained may be provided by Certificates of Insurance duly issued and certified by the insurance company or companies furnishing such insurance.

2. All insurance policies shall be endorsed to provide that the insurance carrier will be responsible for providing immediate notice to the AOC in the event of cancellation or restriction of the insurance policy by either the insurance carrier or the Successful Bidder, at least thirty (30) days prior to any such cancellation or restriction. All insurance policies shall name as an additional insured the

Maryland Administrative Office of the Courts.

3. The requiring of any and all insurance as set forth in this IFB, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract for acceptance and/or approval of any insurance by the Procurement Officer, and shall not be construed as relieving or excusing the Successful Bidder from any liability or obligation imposed upon it by the provisions of the Contract.

4. The following type(s) of insurance and minimum amount(s) of coverage are required and may be satisfied by either individual policies or a combination of individual policies and an umbrella policy:

a. Commercial General Liability

(1) $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury, and $2,000,000 annual aggregate.

(2) A combined single limit per occurrence of $2,000,000 is acceptable.

b. Worker’s Compensation

(1) $500,000 each accident.

(2) $500,000 each disease for each employee.

(3) $500,000 each disease per policy limit.

(4) Coverage must be valid in all states where work is performed.

c. Cyber Liability & Data Breach Insurance

(1) $2,000,000 per occurrence for services provided by the Successful Bidder.

(2) The coverage must be valid in all locations where work is performed and/or data or other information concerning the AOC’s claimants and/or employers is processed or stored.

d. Professional Liability/Errors & Omissions (E&O)

(1) $1,000,000 per combined single per occurrence.

(2) $3,000,000 annual aggregate.

e. The AOC reserves the right to modify, or remove in its entirety, any of the required coverages when in the best interest of the AOC.

5. The insurance required above shall provide adequate protection for the Successful Bidder against claims which may arise from the Contract, whether such claims arise from operations performed by the Successful Bidder or by anyone directly or indirectly employed by the Successful Bidder, and against any special hazards which may be encountered in the performance of the Contract. In addition, all policies required must not exclude coverage for equipment while rented to others.

6. If any of the work under the Contract is subcontracted, the Successful Bidder shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the

Procurement Officer with the same documentation as is required of the Successful Bidder.

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O. BID/PROPOSAL AFFIDAVIT

A bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this affidavit is included as Attachment B of this IFB.

P. CONTRACT AFFIDAVIT

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the Successful Bidder will be required to complete a Contract Affidavit. A sample of this Affidavit is included for informational purposes as Attachment C of this IFB. This Affidavit must be provided within five (5) business days of notification of proposed Contract award.

END OF SECTION II.

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SECTION III. SCOPE OF WORK

A. SUMMARY

The Administrative Office of the Courts (AOC) is seeking bids from prospective Bidders to provide court reporting and/or transcription services on an as-needed basis for the Commission on Judicial Disabilities

(CJD). There is no guaranteed minimum usage.

B. BIDDER MINIMUM QUALIFICATIONS

Bidders must have at least three (3) years’ experience providing services of a similar size and scope to those required under this IFB.

C. SCOPE OF WORK

1. Definitions

a. The following definitions shall apply to the Successful Bidder’s scope of work:

(1) Court reporter – An individual employed, contracted, or utilized by the CJD to record testimony whether through use of a stenographic machine or equipment, written symbols, or otherwise; and who may also serve as the transcriber as defined infra.

(2) Court reporting – The act of making the official verbatim record; that is one that reflects accurately what was spoken by any participant during any proceeding in or for use by the CJD, whether by an audiographer, reporter, videographer, or other individual, through the use of an electronic device, stenographic machine or equipment, written symbols, or otherwise, and which may include the making of verbatim transcripts by a transcriber or other individual who certifies the transcripts.

(3) Notes – A verbatim record of a proceeding made whether through use of an electronic device, stenographic equipment or machine, written symbols, or otherwise; and the dictionary, media storage files, audio or video files, and other documentation needed to prepare a transcript.

(4) Point-of-contact – An individual designated by the CJD to request court reporting and/or transcription services, receive the transcripts, and otherwise handle, supervise, and/or manage any and all matters related to the court reporting and/or transcription services.

(5) Proceeding – Any and all meetings, conferences, hearings, depositions, trials, and any other event in or for use by the CJD, whether in-person, virtual, or previously conducted.

(6) Transcriber – An individual who prepares a transcript of a proceeding from an audiotape, digital recording, videotape, or other means, and who certifies the transcript.

(7) Transcript – The verbatim record of an oral proceeding that is prepared and certified by a transcriber and serves as the official record of that proceeding.

(8) Transcription Services – A vendor, employee, or contractor who transcribes the verbatim record of proceedings, or portions thereof, from audio or video files.

2. General

a. The Bidder shall be responsible for attending and independently recording CJD proceedings as defined infra, whether in-person or virtual, as well as preparing transcripts and audio recordings of said proceedings. The Successful Bidder may also be requested to transcribe and provide transcripts for previously conducted proceedings.

b. All transcripts, audio recordings, and notes, including the dictionary, compiled by the Bidder and its court reporters and transcribers to the CJD are the property of the CJD.

c. The Bidder shall immediately notify, within one (1) business day, the CJD of any unauthorized breaches of their network and/or computer system, physical office space or

3 Page 17 designated remote workspace utilized by assigned transcribers, and any other unauthorized access to documents, materials, and/or information maintained by the Bidder.

3. Services

a. Requests for services from the CJD are subject to the following procedures:

(1) The Bidder shall receive a written request via email that includes the following information:

i The point-of-contact to send transcripts, audio recordings, notes, correspondence, and invoices related to the request.

ii The date, time, and location of the proceeding.

iii The case name and case number for the underlying matter and the names of all parties and counsel.

iv The due date by which the transcripts and/or audio recordings must be delivered to the point-of-contact.

1. If there are any delays in meeting the requested due date, the Bidder shall notify the point-of-contact no later than seven (7) calendar days prior to the due date an propose a revised delivery schedule for approval.

2. If the Bidder fails to deliver transcripts and/or audio recordings by the agreed-upon due date, without an approved revised delivery schedule, the AOC may, at its discretion, apply a reasonable reduction in payment or other appropriate remedy, taking into consideration the length of delay and any demonstrated impact to operations.

a. In no case will the price reduction exceed 25% of the total price.

b. Any such reduction reflects a reasonable estimate of administrative burden, operational disruption, and diminished value associated with untimely delivery, and is not intended as a penalty.

v The format that the transcripts and/or audio recordings shall be completed

(i.e., paper and/or electronic, minu-script and/or full size, CD/DVD and/or

USB).

(2) Upon receipt of the written request for services, the Bidder shall respond to the CJD within one (1) business day to confirm acknowledgement of the request.

i The Bidder shall respond to any inquiries from the CJD regarding the status of the services within one (1) business day from receipt of the inquiry.

ii The Bidder may be required to provide or create appropriate procedures for sealing or shielding transcripts and/or audio recordings.

(3) Upon completion of the transcripts (or portions thereof) and/or audio recordings, the

Bidder must deliver the same in the format indicated in the written request to the point-of-contact and/or a designee of the point-of-contact.

i All transcripts and/or audio recordings must be reviewed by an authorized reviewer, designated by the Bidder, prior to delivering the final transcripts and/or audio recordings to verify accuracy, completeness, and grammar.

ii The Bidder shall make every effort to minimize the use of “inaudible” or related phrasing as a replacement for spoken and/or recorded words.

iii All proceedings wherein audio or video recordings are played on the record, including, but not limited to, recordings of court hearings, body camera footage, and voice messages, must be transcribed and/or recorded within the transcripts and/or audio recording provided.

3 Page 18 iv All transcripts must include a word index, and a separate list of all exhibits identified, offered, and/or admitted and all witnesses with corresponding page numbers for each occurrence.

v Transcripts of multi-day proceedings shall utilize continuous page numbering if possible.

1. If it isn’t possible, the Bidder shall notify the CJD in advance of submitting the transcripts.

(4) Delivery must be completed by the due date indicated in the written request for services.

i No delivery fees shall be billed for electronic copies provided by email transmission.

ii All items shipped via the United States Postal Service (USPS) shall be sent using a service that includes tracking.

1. The Bidder shall provide the tracking number to the Contract

Manager at the time of shipment.

2. Any shipment sent via USPS without a tracking number shall be at the Bidder’s sole expense.

4. Transcribers

a. Transcribers utilized by the Bidder shall possess a valid court reporter certification issued by a national or state certifying body (e.g., Transcriber Training Academy (TTA), American

Association of Electronic Reporters & Transcribers (AAERT), National Court Reports

Association (NCRA), etc.).

(1) The AOC reserves the right, at its sole discretion, to determine the acceptability of any national or state certifying body.

b. The Bidder shall provide the identity and contact information for the assigned transcriber (to include cell phone number and email address) and a copy of their certification, the equipment to be utilized, and any audiovisual requirements to the point-of-contact no later than fourteen

(14) days before the proceeding unless an earlier time has been requested by the CJD.

c. The assigned transcriber shall be prepared to read or play back testimony and/or argument during the proceeding upon request of the CJD.

d. The assigned transcriber shall verify spellings and exhibit numbers at the conclusion of each proceeding and at the conclusion of each day of a multi-day proceeding.

e. The assigned transcriber shall be completely set up and prepared to begin no later than fifteen

(15) minutes before a virtual/remote proceeding and thirty (30) minutes before an in-person proceeding.

(1) The Bidder may bill a late start fee fifteen (15) minutes after the designated start time for virtual proceedings, and thirty (30) minutes for in-person proceedings.

5. Transcript Formatting

a. Preparation as guided by the highlighted portions of Attachment 1 – Court Reporting

Manual, Attachment 2 – Sample Cover Sheet and Table of Contents, and any other guideline, sample, or other protocol provided by the CJD throughout the life the Contract.

b. Original transcripts and each copy without any interlineations materially defacing the transcripts.

c. For paper copies only, three-hole punches are to be horizontally on the left side using standard spacing for three (3) ring binders.

d. Authentication of the original transcripts with a certificate on the last page of transcripts.

(1) The last page of every transcript shall include the name of the transcriber, and is to be a separate, certificate page, to signify that the transcript is completed and is an accurate and complete record of the proceeding ordered transcribed.

i If paper transcript, sign the certificate page in blue ink.

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6. Transcript & Audio Recording Retention

a. The Bidder shall retain a copy of all transcripts and/or audio recordings for a period of three

(3) years or until all legal action is completed, whichever is later.

b. The Bidder shall notify the CJD before any transcripts and/or audio recordings are destroyed.

D. INVOICING

1. The Bidder shall submit invoices to the point-of-contact.

2. The Bidder shall invoice in accordance with the written request for services and the delivery timeline therein, but no later than thirty (30) days after providing the final transcripts and/or audio recordings.

3. Invoices will be processed by the CJD once the final transcripts and/or audio recordings have been provided.

a. Transcripts and/or audio recordings are deemed final once all corrections identified by the

CJD have been made and incorporated.

4. The Bidder will not receive a deposit or partial payment prior to the completion of the requested services, and acceptance of a proper invoice.

END OF SECTION III.

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SECTION IV. BID SUBMISSION

A. BID SUBMISSION

Bidders shall submit their bid in accordance with the required and optional submittals as defined in Section

IV.B of this IFB, and the Procurement Portal. By submitting a response in the Procurement Portal, the submitting individual certifies they are authorized to bind the Bidder to the requirements of this Solicitation, including all addenda.

B. BID SUBMITTALS

Each bid must include the following:

1. Addenda Acknowledgment: Bidder shall acknowledge receipt of any addenda on the Procurement

Portal. Failure to acknowledge addenda may result in your proposal being found not reasonably susceptible of being selected for award.

2. Insurance Acknowledgment: Bidders shall acknowledge they have reviewed the insurance requirements, as written in Section II of this IFB, on the Procurement Portal. Bidders are reminded that only the Successful Bidder is required to meet the insurance requirements, and the Successful

Bidder is not required to provide a Certificate of Insurance (COI) meeting the written insurance requirements until receiving notification from the AOC that they are the Apparent Awardee. If the

Bidder requires additional insurance coverage to meet the written insurance requirements in this IFB, the Bidder shall ensure that such potential additional insurance expenses are reflected and included in their Bid. Failure to acknowledge insurance requirements may result in your Bid being determined non-responsive.

3. Claim of Confidentiality: Any information which is claimed to be confidential and/or proprietary shall be so identified. An explanation for each claim of confidentiality shall be included. The entire bid cannot be given a blanket confidentiality designation.

4. Attachment L – Bidder/Offeror Profile: Bidder shall complete Attachment L – Bidder/Offeror Profile included on the Procurement Portal and enclose with their Bid.

5. Attachment M – Bidder/Offeror Experience: Bidder shall complete Attachment M – Bidder/Offeror

Experience included on the Procurement Portal and enclose with their Bid. Experience/References shall include at least three (3) distinct references, within the past five (5) years, from customers/clients who can document the Bidder’s ability to provide the goods and/or services specified in this IFB. Multiple references from the same customer/client will not be accepted. A reference may not be submitted from an employee of the Maryland Judicial Branch of government.

6. Subcontractors: For all subcontractors that will work on the contract if the Bidder receives an…