QuestionsAnswers15JA0521R00000023.pdf

Questions for 15JA0521R00000023

1. Are we able to increase our price proposal each year?

Answer: Yes, each optional period is priced separately and can reflect an anticipated increase in the cost of doing business. Prices will not be renegotiated after an award is made.

2. How do I know estimated value for Attachment 4?

Answer: Once each ordering period is calculated. The grand total will give the estimated value of your proposal.

3. I am registered on SAM. Is there an attachment that I complete that contains paragraph (b)?

Answer: There is not an attachment for you to fill-out that captures the information required by 52.212-1. Offers may be submitted on the SF1449, letterhead stationery or as otherwise specified in the solicitation. Please ensure that all the information requested via paragraph (b) submission of offers is included.

4. Do I need to fill out anything that states I’m registered on SAM and the FAR 52.209-5 is complete?

Answer: The information requested by FAR 52.209-5 must be submitted with your offer.

5. How do I provide the response to FAR 52.209-7(b)?

Answer: Check either “has” or “does not have”

Some question for clarity regarding the price list:

• Line item 1005, 2005 should be Expedited Transcript.

Answer: Online items 1005, 2005, 3005, 4005, and 5005 “Condensed Transcript” is changed to “Expedited Transcript”.

• Line item 1016 indicates it’s for Deposition, but I believe it should be grand jury.

Answer: Online items 1016, 2016, 3016, 4016 and 5016 “Deposition” is changed to

“Grand Jury”.

• Line item 1029, 2029 is only allowing for 1 page after 5:00 p.m.; should be more.

Answer: Online items 1029, 2029, 3029, 4029 and 5029 “1” is changed to “100”.

• Line item 1042, what is MPEG conversion to either CD or DVD?

Answer: MPEG is an international standard for encoding and compressing video images.

MPEG formats are used in various multimedia systems. Various programs are available to convert MPEG’s to CD’s and DVD’s.

• Line item 1043, what is DVT Authoring? Line 1043 allows for 300 units and 2043 allows for 1.

Answer Part one: DVD authoring or transcript synching is matching the video and written transcript and synchronizing then electronically so that portion of the video can be played by simply finding the text in the transcript and pushing the play button in the transcript/video combined or synched file. This is also the format file used for making clips.

Answer Part two: On line items 1043 “300” is changed to “20”, 2043 “1” is changed to

“20”, 3043 “1” is changed to “20”, 4043 “1” is changed to “20” and 5043 “1” is changed to “20”

• Line item 1044, what is time stamping?

Answer: Recording video with the time watermark accurate to the millisecond.

• Line item 1045 Hourly Rate for transcribing is 0 for max quantity. 2045 allows for 11 hours?

Answer: On line items 1045 “0” is changed to “15”, Line item 2045 “11” is changed to

“15”, Line item 3045 “12” is changed to “15”, Line item 4045 “13” is changed to “15” and line item 5045 “14” is change to “15”

• Line item 1047 should be transcription with expedited delivery.

Answer: Online items 1047, 2047, 3047, 4047 and 5047 “Regular Delivery” is changed to “Expedited Delivery”

• Line item 1048 allows for only 1 page; should be more.

Answer: Online items 1048, 2048, 3048, 4048 and 5048 “1PG” is changed to “15EA”

• Line item 1049 has 0 units and is subject to FTR. Is it necessary to fill that in since travel expenses are not allowed per se unless it’s a location not local to our area? Would a request for a reporter at Lompoc FCI be a location where travel expenses could be applied?

Answer: No reply needed from offerors

6. The RFP states that, at the sole discretion of the government, that awards may be made for “Grand Jury services only, depositions services only or both” but that bidders who do not bid on Grand Jury and Depositions are illegible for award.

Answer: B.1 General (d) pg. #46

“(d) Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition services only or both. This decision is made at the unilateral discretion of the Government. The offeror must propose on all work as specified by the solicitation. Offerors that do not propose on all work (Grand Jury

AND Depositions) will be ineligible for award”. The preceding solicitation text is revised to “Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition services only or both. The decision is made at the unilateral discretion of the Government. Offerors may propose on all Grand

Jury and/or Depositions work”

7. Can you confirm that court reporters who only handle depositions under this contract do not have to go through the security clearance, including the FP85 and fingerprinting, and that is only Grand Jury court reporters who need to do that? The contract states that “all staff that will have access to grand jury materials” will need to be cleared, so I want to be very clear about this.

Answer: Only personnel handling Grand Jury material would need to be cleared.

8. Can you advise what the minimum guaranteed ordering amount is? (It currently just has TBD, and this information will be part of the decision-making process if this agency will bid). Can you also advise the maximum ordering amount?

Answer: Minimum guaranteed is at the government’s discretion. The maximum ordering amount cannot be given until there is an awardee. In which the estimated value of the contract is available to determine the maximum ordering amount.

9. All agencies other than the incumbent on this contract are at a disadvantage regarding the historic number of depositions/pages, as this information does not seem to have been updated in some time. This is probably one of the most crucial pieces of information so that an agency can decide if they would like to bid and what their pricing should be if they do. For example. The RFP states that historically there have been about 329 depositions per year, (but the estimated pages in the rates section range from 14,000 to 19,000 (depending upon the turnaround time of the transcript), which averages 42 to 58 pages per deposition. In terms of the fact that an accurate estimate is that there are 35 pages of testimony taken per hour in a deposition this would mean that the average deposition ranges from 1 hour to 90 minutes, yet the RFP also says each session ranges from 1 to 6 hours each. With the technology available today it would be very simple for the incumbent to advise the USAO CDCA exactly how many pages were taken over the last 5 years, and how many of those pages were daily, expedited, regular, etc., and to also advise the length of depositions. Would the government consider asking the incumbent for this information so that there is a level playing field for all bidders?

Answer: Page #46 of RFP. An updated review of the available data for the three full years prior to the COVID-19 pandemic shows the number of depositions to average approximately 240 per year, not 329 as indicated on the RFP. At the estimate of 35 pages of testimony taken per hour in a deposition, the result is that each deposition ranges in the 58 to 79 pages per deposition. Additionally, an updated review of the available data for the three full years prior to the COVID-19 pandemic shows the number of grand jury sessions to average approximately 346 per year, not 486 as indicated on the RFP.

10. Can you advise the percentage of depositions that take place in each of the 3 locations mentioned (Los Angeles, Santa Ana and Riverside) and/or further to question 9 above, can you have the incumbent provide the actual number of depositions in each location over the last 5 years?

Answer: 98% Los Angeles, 1% Santa Ana and 1% Riverside

11. The RFP states that if an AUSA directs that a deposition that was held not be transcribed that the court reporter will only be paid the attendance fee for the time on site. This is not consistent with the National Court Reporters Association guidelines on how to pay a court reporter for transcribed work, nor is this allowed by most state associations. The court reporter did far more than just sit there for the allotted time but performed their duties for the entire time on site. The transcription into a transcript is the least labor-intensive part of the process. In most jurisdictions court reporters are required to be paid both the appearance fee AND 50% of their transcription rate based upon the number of estimated pages that would be transcribed (roughly 35 pages per hour). Again, as court reporters are independent contractors, they absolutely will refuse to accept just the appearance fee, so the agency will be out of pocket for this amount. Additionally, most contracts for court reporting do have the labor wage standards, and the appearance fee alone would not rise to that level. I respectfully request that you change this to be consistent with the current rules and practices in court reporting today to make it the appearance fee plus 50% of the page rate based upon estimated pages taken.

Answer: Even though the question solely asks about depositions, not Grand Jury, the following changes to the CLIN Tables and Pages 49 and 50 are being made.

Grand Jury:

The following CLINs are added, CLIN 1011A, 2011A, 3011A, 4011A, 5011A

Description: Transcript Production Not Requested Fee (50% of transcription rate based upon the number of estimated pages that would be transcribed, not to exceed 35 pages per hour of transcription); Quantity Estimate: 1000 Pages

CHANGES TO PAGE 49 (Grand Jury):

Other Requirements. As follows:

* A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the

USAO requests it.

* Each witness' testimony shall be in a separate transcript.

* If the USAO does not request that a transcript be produced, contractor will be entitled to an Attendance Fee and a Transcript Production Not Requested Fee (50% of the transcription rate based upon the number of estimated pages that would be transcribed, not to exceed 35 pages per hour of transcription).

* In the event a Transcript Production Not Requested Fee has been invoiced and the USAO later requests the transcript, the Contractor will solely be entitled to the remaining balance of the actual transcription charge (approximately 50%), not the entire number of pages of the produced transcript.

* Grand Jury transcripts may not be sold to anyone other than the Government under any circumstances.

Deposition:

Adding word “Deposition” to CLINs 1027, 2027, 3027, 4027, 5027

The following CLINs are added, CLIN 1027A, 2027A, 3027A, 4027A, 5027A

Description: Transcript Production Not Requested Fee (50% of transcription rate based upon the number of estimated pages that would be transcribed, not to exceed 35 pages per hour of transcription); Quantity Estimate: 1000 Pages

CHANGES TO PAGE 50 (Deposition):

Other Requirements. As follows:

* A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Colloquy outside the presence of the witness will not be transcribed unless requested by the

USAO.

* If the USAO does not request that a transcript be produced, contractor will be entitled to an Attendance Fee and a Transcript Production Not Requested Fee (50% of the transcription rate based upon the number of estimated pages that would be transcribed, not to exceed 35 pages per hour of transcription).

* In the event a Transcript Production Not Requested Fee has been invoiced and the USAO later requests the transcript, the Contractor will solely be entitled to the remaining balance of the actual transcription charge (approximately 50%), not the entire number of pages of the produced transcript.

* Each witness' testimony shall be in a separate transcript.

12. Can you advise how many times in the last 5 years transcripts were requested to not be transcribed? (Again, this is something the incumbent can easily advise you of if this information is not readily available to the government).

Answer: Historically, transcripts have almost always been requested and produced, however going forward we anticipate some changes and fewer transcripts may be requested.

13. It is boilerplate language in most Government RFPs that court reporting firms will be given 2 business days’ notice to handle depositions. However, the reality of the situation is that there is a nationwide court reporter shortage, and 2 business days is not sufficient to procure a quality court reporter in some instances. Considering the fact that most deposition witnesses are given 30 days’ notice prior to the deposition it seems like it would be an easy fix to notify the court reporting firm 2 weeks’ prior to depositions or even 1 week, would be an improvement and more in line with the current market.

Answer: Paragraph C.3 (a), page 49, is changed to read as follows (changes underlined):

“(a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than five business days before the scheduled session. Each request will set forth the date, place, and time of the session. If accepting the request, the Contractor shall reply within 48 hours of receiving the request, in writing, stating they have received the work order by returning the signed work order form or other form of written acceptance as may be agreed upon by the USAO (i.e. email), and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO no later than 24 hours prior to the session.

In the event a deposition is continued for more than one day, the Contractor will make reasonable efforts to assign the same court reporter for each continued segment of that given deposition. Should the Contractor not be able to provide the same court reporter, it will notify the USAO before the scheduled session that another court reporter will be providing the court reporting services.

14. For the pricing the RFP uses the term “intermediate delivery” to denote a transcript delivered within 6 to 9 business days. However – that’s not the way court reporting firms charge and it’s not the way court reporters get paid. In reality rushing of a transcript is done incrementally, so something required the next business day is normally a surcharge of 100% of the regular rate, something in 2 business days is 90% of the regular rate, a transcript within 3 business days is 80%, 4 business days is 70% etc. So, a transcript that is delivered within 6 business days would be 50% of the regular rate, 7 days would be 40%, 8 business days would be 30% and 9 business days would be 20%. To require the bidder to lump the days of 6 to 9 business days into one rate means that they would most likely have to bid those three days at the higher percentage of 50% of the regular rate (or 6 days), to ensure that they’re not out of pocket should this be the time frame most utilized. This would also mean that the government is overpaying for transcripts that are 7, 8 or 9 business days. I recommend that you add CLINS for these other dates to ensure the best value for the government. In the alternative you could just provide CLINS for Next day, 3-day, 5-day and 7 day, and Regular (10-day) to streamline the ordering process.

Answer: Agree, CLIN #1005 “by 9:00pm the same day”, CLIN #1004 “Before 9:30am of the following business day”, CLIN #1003 “ Before the 5th business day”, CLIN #1002 “Before the 6th through 9th day” and CLIN #1001 “Before the 10th business day”.

15. The CLIN for “Expedited” is described as “before 9:00 PM the day of the deposition.” Is this a final, proofread transcript or is this a rough draft? If this is for the final, proofread, version I suggest you change this to a rough draft, as that will be much more cost-effective for the government. There is virtually no reason that a final, proofread version would be needed by AUSAs, and the cost is immense. But if this were for a rough draft the AUSA could have access to the transcript for about ¼ of the cost.

Answer: The “Expedited” paragraph (p. 48 and p. 50) is changed to read as follows (changes underlined):

“Expedited: All expedited transcripts shall be a rough draft delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement.”

16. Regarding sending the original transcript to the witness to read and sign – the RFP is ambiguous about this – it does appear to ask the contractor to do this, but then also says the AUSA may choose to do so. I strongly suggest you just make this part of the contract that the court reporting firm sends the original to the witness to read and sign. Not only is this standard operating procedure for most of the country (because it ensures the integrity of the transcript) but it takes a lot of work off your AUSA’s plates and it also saves the USAO postage to send the transcript back and forth, which can really add

up. Certifying the transcript and keeping the integrity of the original is a part of the court reporter’s duties per state licensing, so this also helps ensure that all statutes are being followed.

Answer: Agree, for the court reporting firm to send the original to the witness to read and sign.

17. The RFP requires invoices to be submitted by the 5th day of the following month. However, this would be impossible for a deposition was taken on (for example) the 30th day of the month and it was ordered as “regular delivery” – which means it wouldn’t even be delivered until approximately the 12th of the following month (taking weekends into account). A transcript can’t be billed until it’s in final so that the final page count is known.

Answer: Invoice should be submitted no later than 30 days after delivery of final transcript

18. Can invoices be submitted when ready, or must all invoices for a given month be submitted together? If we must wait to submit all invoices for a given month together, an invoice for a deposition taken on the 1st day of the month would effectively not be able to be billed until the middle of the following month (if there was a deposition taken on the last day of the month and the scenario in number 12 above occurs). This effectively makes the contractor wait 6 weeks to submit an invoice – and the Prompt Payment Act requires a contractor to be paid within 30 days of service. This is also unwieldy for a small business to effectively give an interest-free loan to the US Government every month.

Answer: An invoice may be submitted immediately upon the Government having received the transcript.