Questions and Answers.pdf

1. Scope of Contract: Deposition Work vs. Grand Jury Work The Cover Letter identifies this procurement as a "Civil Division Solicitation for Deposition Court Reporting Services," Section 1.1(a) of the Statement of Work states that the contractor shall provide "Deposition Court Reporting services," and the CLIN schedule appears to contain only deposition-related services. However, the Statement of Work also contains several references to Grand Jury work. Section 2.4(a)(i) contains recording requirements referring to twenty-three grand jurors and states that "Grand Jury hearings shall not be stopped"; Section 2.4(f) refers to the USAO's right to reject a reporter for "Grand Jury or Deposition work"; and Section 2.5(e) refers to exhibits identified in "Grand Jury proceedings."

Please confirm whether this solicitation and the resulting IDIQ contract are exclusively for civil deposition court reporting services and that no Grand Jury assignments may be issued under this contract. If the contract is deposition-only, would the Government please remove the Grand Jury language from the Statement of Work so there is no ambiguity regarding the services that may be ordered?

This requirement is exclusively for Deposition Court Reporting Services, as identified in the solicitation Cover Letter and Statement of Work. Grand Jury Court Reporting Services are not being procured under this solicitation and will not be ordered under the resulting contract. References to Grand Jury proceedings contained within the Statement of Work do not expand the scope of this requirement.

2. Security Requirements: Possible Grand Jury Template Language Section 2.10 states that "Contractor Personnel will be required to undergo requisite Tier 2 - Moderate Risk Public Trust background investigation as directed by EOUSA Personnel Security." DOJ-03 also defines contractor personnel broadly to include employees, subcontractors, consultants, and independent contractors who have access to DOJ information, DOJ systems, or unescorted DOJ facilities.

Because this solicitation appears to be exclusively for civil deposition court reporting, and because the Statement of Work contains several Grand Jury references that appear inconsistent with that scope, please clarify whether the Tier 2 security provisions are leftover boilerplate from a standard court reporting template that also included Grand Jury work. Were these security requirements intended for Grand Jury reporters rather than deposition-only reporters and inadvertently carried over into this solicitation?

If so, please confirm that deposition-only court reporters and videographers performing under this contract are not required to undergo Tier 2 Moderate Risk Public Trust background investigations, and revise Section 2.10 and the related personnel-security provisions accordingly. If the Government instead intends the Tier 2 requirement to apply to deposition-only court reporters and videographers, please confirm that explicitly, including whether it applies to remote reporters who do not require unescorted access to a DOJ facility.

The personnel security requirement is not limited to Grand Jury services and was not inadvertently included in the solicitation. The personnel security requirement applies to Contractor Personnel performing Deposition Court Reporting Services under this contract.

The Government has clarified that the required personnel security level is Tier 4 in the District. The solicitation will be amended to replace the Tier 2 – Moderate Risk Public Trust requirement with the applicable Tier 4 requirement.

3. Security Clearance Process for Freelance and Backup Court Reporters If the Tier 2 Public Trust requirement does apply to deposition personnel, please clarify how it is intended to work with freelance court reporters and videographers who may accept assignments on an as-needed basis.

Must every individual court reporter or videographer who might perform even one assignment under the contract complete the full Tier 2 process and receive written authorization before accepting any assignment, or is the requirement limited to the Key Personnel identified in the quotation? May additional reporters and videographers be submitted for clearance after award as staffing needs change? Will current, favorably adjudicated federal Public Trust investigations be accepted through reciprocity? Are the short-term pre-employment background investigation waivers described in DOJ- 03 available to freelance court reporters or videographers who will perform for six months or less?

What is the anticipated processing time for a Tier 2 investigation or pre-employment waiver?

Court reporting staffing necessarily changes from assignment to assignment because reporters are freelance professionals who set their own schedules and availability. Clarification of the security process is necessary to determine whether the contract can be staffed reliably, particularly when only two business days' scheduling notice is required.

As clarified in the Government's response to Question 2, the required personnel security level is Tier 4, and the solicitation will be amended accordingly.

The personnel security requirement applies to Contractor Personnel who will perform services under the contract and is not limited to Key Personnel identified in the quotation. Additional personnel may be submitted for the applicable personnel security process after award as staffing needs change.

The Contractor is responsible for maintaining sufficient qualified personnel who satisfy the applicable personnel security requirements to meet the scheduling, coverage, and performance requirements of the contract. Personnel security determinations, including reciprocity, interim authorization or waivers, as applicable, are made by EOUSA Personnel Security in accordance with applicable DOJ requirements.

4. Stenographic vs. Non-Stenographic Court Reporting The solicitation appears internally inconsistent regarding the type of reporter who may perform deposition work. The evaluation provisions identify the Key Personnel as the "stenographer court reporter," require experience with "stenographer court reporting using real time transcription," and give additional merit for stenographic court reporting experience. However, Section 2.4 permits multiple recording methods, including Steno-type equipment, Real Time recording, CAT, shorthand, and monitored multi-microphone recording systems.

Please clarify whether deposition assignments under this contract are required to be performed by stenographic court reporters. If non-stenographic recording methods are also permitted for depositions, we respectfully request separate CLINs for stenographic vs. non-stenographic reporting, so pricing reflects the actual modality being provided. This would improve transparency and allow the USAO to match the reporter type to the complexity of the matter. It would also ensure that all vendors are bidding on an apples-to-apples basis rather than submitting one price that may reflect materially different types of reporting services.

Deposition assignments are not required to be performed exclusively by stenographic court reporters.

As provided in Section 2.4, the Government permits multiple qualified recording methods. The method utilized may vary based on the needs of the individual deposition and the preference of the assigned attorney.

The Government will not establish separate CLINs based on the recording method utilized. Offerors shall propose pricing that accounts for the methods of performance permitted by the solicitation.

5. Read-and-Sign Procedure and Custody of the Original Transcript Section 2.4(c) states: "The Contractor must give the USAO its copy prior to the witness being presented their testimony. The USAO may choose to present the deposition to the witness."

We strongly recommend that this language be revised or removed. The original transcript is a protected legal document, and the court reporter is responsible for maintaining the custody, control, and integrity of that original transcript throughout the read-and-sign process. Allowing a third party, including attorneys or AUSAs, to present or transmit the original transcript can create chain-of-custody and unauthorized duplication concerns.

Would the Government please revise the provision to state substantially as follows:

"The court reporter shall retain custody and control of the original transcript throughout the read-and-sign process, and shall manage the secure transmission and review of the transcript to the deponent using industry-standard security protocols. Government personnel shall not transmit, print, or otherwise distribute the original transcript."

Please also confirm that any review requested under Fed. R. Civ. P. 30(e) will be administered by the court reporter or reporting firm rather than by USAO personnel.

The Government declines the requested revision. The Contractor shall comply with the applicable requirements of Federal Rules of Civil Procedure 28 and 30, as stated in Section 2.4(c). The solicitation does not prohibit the USAO from presenting or transmitting a deposition transcript to a witness when appropriate. No change will be made to Section 2.4(c).

6. Government Copying and Redistribution of Deposition Transcripts Section 2.2(b)(viii) states: "Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript."

Please clarify whether the stated right to "copy and distribute" includes providing the transcript to opposing counsel, an adversarial party, or an unrelated third party. If it does, we respectfully request that this provision be revised.

Under standard industry practice, the Government's purchased transcript may be used for internal review, case preparation, official filings, and distribution within its own litigation team. However, each opposing party ordinarily obtains its certified copy directly from the court reporting firm. We recommend language substantially as follows:

"Only the court reporting firm may distribute certified copies of deposition transcripts to parties in the litigation. Attorneys or agency personnel may share copies, whether printed or electronic, internally with members of their own legal team, paralegals, retained experts, and case-related vendors working on the same side of the matter. However, they shall not share, distribute, or otherwise provide copies to opposing counsel, adversarial parties, or any unrelated third parties. Each such party wishing to obtain a copy must purchase it directly from the court reporting firm in accordance with industry standards and applicable rules."

If the Government does not intend the phrase "copy and distribute" to authorize external distribution to opposing counsel or third parties, please revise the provision to make that limitation explicit.

No revision will be made. As stated in Section 2.2(b)(viii), the Government retains the right to copy and distribute transcripts acquired under the contract. Any Government copying or distribution will be subject to applicable laws, court rules, protective orders, and other legal requirements. The Government may, at its discretion, order additional copies from the Contractor at the applicable contract rate.

7. Rough Draft vs. Same-Day Final Transcript The pricing schedule contains a "Same Business Day Transcript" CLIN, and the Statement of Work states that the same-day transcript is due by 9:00 p.m. on the date of the proceeding. There is no separate CLIN for a same-day rough draft.

Please confirm whether the Same Business Day Transcript CLIN is intended to mean a final, fully proofread and certified transcript, rather than a rough draft. A rough draft and a final transcript are materially different products and require materially different pricing.

To prevent recurring pricing confusion, we respectfully request that the solicitation include a separate CLIN for "Rough Draft - Same Day Delivery." A separate rough-draft CLIN would reduce confusion, avoid unnecessary cost, and eliminate the need to bill the service off contract if an attorney requests a rough draft after award. The existing Next Business Day Transcript CLIN can continue to cover a final transcript delivered the next business day, while the existing Same Business Day Transcript CLIN can remain if the USAO actually anticipates ordering same-day final transcripts.

The Same Business Day Transcript CLIN is for a final transcript delivered by 9:00 p.m. on the same business day and is not a rough draft transcript.

8. RealTime Transcription CLIN The Statement of Work expressly describes Real Time Recording, the quotation instructions require Key Personnel to demonstrate experience with stenographer court reporting using real time transcription, and the evaluation criteria give merit for that experience. However, there is no separate CLIN for RealTime transcription.

Please confirm whether the USAO may request RealTime transcription during depositions. If RealTime may be requested, please add a separate RealTime CLIN so the service can be priced in advance. RealTime transcription is a live, instantaneous translation of testimony and is a distinct service from the final transcript.

Please also clarify whether opposing counsel may request and purchase RealTime service directly from the reporting firm when the USAO does not order it, provided there is no additional cost to the Government.

The USAO may request RealTime transcription on an as-needed basis. RealTime transcription is not routinely required but may be requested when determined necessary by the USAO based on the circumstances of a particular deposition.

The Government will not establish a separate CLIN for RealTime transcription. Offerors shall account for the potential provision of RealTime transcription in their proposed pricing.

Services independently requested and purchased by opposing counsel or another party are outside the scope of the Government contract and shall not result in any cost to the Government or interfere with the Contractor's performance of Government requirements.

9. Required Services That Do Not Have Corresponding CLINs Volume III states that all pricing and costs associated with the SOW must be included in the quotation and that "No additional line items nor additional charges will be added or considered post-award." At the same time, the Statement of Work requires or contemplates services for which no clearly corresponding CLIN appears to exist, including RealTime transcription, remote deposition hosting, pre-deposition test sessions, technical support during remote proceedings, exhibit loading/presentation, synchronized video, and potentially rough drafts.

Please identify the CLIN under which each of these services is to be priced. If any of these services are not included within an existing CLIN, we respectfully request that separate CLINs be added, even if the estimated quantity is zero. Including the CLINs now will allow pre-bid pricing, prevent off-contract billing, and avoid the administrative burden of a post-award modification.

The Government will not establish separate CLINs for each task, function, or incidental service required by the Statement of Work. As stated in Volume III, offerors shall include all pricing and costs necessary to perform the requirements of the Statement of Work in their quotation.

Requirements such as remote deposition hosting, pre-deposition test sessions, technical support, and electronic exhibit loading/presentation are components of performing the applicable deposition services and are not separately priced unless expressly identified as a separate CLIN in the Pricing Schedule.

No additional line items or charges beyond those established in the resulting contract will be authorized.

10. Exhibit Marking, Scanning, and Electronic Exhibit Handling The solicitation includes CLIN 0009, "Exhibit Copies," and Section 2.5(e) requires the Contractor to stamp, mark, number, arrange, and annex exhibits. For remote depositions, Section 2.3 also requires the contractor to receive exhibits, load them into the presentation application, coordinate exhibit numbering and presentation, and have the stenographer take custody of introduced exhibits.

Please clarify exactly what is included in the "Exhibit Copies" CLIN and what the unit of measure represents. Does this CLIN compensate the contractor for scanning paper exhibits, electronic exhibit processing, exhibit marking, electronic stamping/watermarking, or only the reproduction of exhibit pages?

For both in-person and remote depositions, exhibit marking and handling is a core function of the deposition officer. If scanning, electronic exhibit preparation, or exhibit marking is expected but is not included in CLIN 0009, please add the appropriate separate CLIN or CLINs so these services can be priced accurately.

If the Government requires original paper exhibits to be returned after scanning or after completion of the deposition, please identify the CLIN under which shipping of the original exhibits back to the USAO is to be billed. If no existing CLIN covers that cost, would the Government add a separate shipping CLIN? Otherwise, bidders will have to factor potential shipping costs into another CLIN even though those costs will be incurred only when paper exhibits must actually be returned.

CLIN 0009, Exhibit Copies, applies to the reproduction of exhibit pages when specifically requested by the USAO. The unit of measure is per page.

Routine exhibit handling required by the Statement of Work, including marking, stamping, numbering, arranging, annexing, receiving, loading, and presenting exhibits, is considered part of the applicable court reporting/deposition services and will not be separately priced. The Government will not establish additional CLINs for these activities.

The Government will not establish a separate shipping CLIN. Offerors shall account for all costs necessary to perform the requirements of the Statement of Work in their proposed pricing.

11. Notice of Scheduling Section 2.2(a) states that the USAO will notify the Contractor of the requirement for attendance at a deposition "no later than two business days before the scheduled session."

We respectfully request that the required notice period for in-person depositions be increased to at least five business days. The long-standing two-business-day notice requirement no longer reflects current court reporting market conditions, particularly the shortage of stenographic reporters willing to accept in-person assignments. Even large national reporting firms can have difficulty reliably staffing in-person depositions on two business days' notice.

Extending the notice window would better align expectations, reduce last-minute scheduling problems, and improve the quality and consistency of service delivery. If the Government does not wish to change the general requirement, would it consider requiring at least five business days' notice for in-person assignments while retaining a shorter notice period for remote depositions?

Regardless of the notice period ultimately stated in the contract, please also clarify how contractors should handle requests received with less than the required notice. Is coverage mandatory in those circumstances, or is coverage on a best-efforts basis? This is particularly important for in-person assignments because a last-minute request can substantially reduce the pool of qualified reporters available to accept the assignment.

The Government declines the request to increase the scheduling notice requirement to five business days. The two-business-day notice requirement in Section 2.2(a) will remain unchanged and applies to both in-person and remote deposition assignments.

When the Government requests services with less than two business days' notice, the Contractor shall make reasonable efforts to provide coverage. Failure to provide coverage for a request issued with less than the required two-business-day notice will not, by itself, constitute a performance deficiency.

12. Authority to Order Expedited or Additional Services The solicitation states that transcripts are to be delivered through USAfx "unless otherwise directed," and other provisions direct the contractor to follow instructions of the AUSA or Presiding Official in certain matters. At the same time, Section 2.8 provides that services are ordered through funded work orders signed by the COR or an authorized individual, and Volume III states that no additional charges will be added post-award.

Please confirm that an AUSA's instruction cannot, by itself, authorize an expedited turnaround, additional product, or other charge that was not included in the funded work order.

To avoid confusion, we recommend language substantially as follows:

"The contractor must ensure that all services and related charges are approved prior to delivery. Any deviation from the original order, including expedited delivery or additional products, must be cleared with the COR before being provided, regardless of who makes the request."

This would make clear that attorney instructions concerning the conduct of the deposition are distinct from authorization to incur additional contract charges.

The Government confirms that instructions from an AUSA or Presiding Official concerning the conduct of a deposition do not, by themselves, authorize additional charges under the contract. Any additional chargeable service must be authorized in accordance with the ordering procedures established in Section 2.8. No additional charges outside the established contract pricing will be authorized.

13. Videography, Synchronized Video, and Videographer Key Personnel The solicitation includes a Videographer Attendance Fee CLIN and states that a videographer may be required to manage live video streaming and recording. It also states that, upon request, the contractor shall provide synchronized video with the transcript. However, there does not appear to be a separate CLIN for video synchronization, and the estimated videographer attendance quantity is only 10 hours per year while the quotation instructions require at least one videographer per location as Key Personnel.

Please clarify:

(a) Is a videographer required only when specifically requested for a deposition, or is a videographer expected to be available for every deposition?

(b) Which CLIN compensates the contractor for synchronized video with the transcript? If none, please add one.

(c) Does "minimum of one videographer per location" require a different named videographer for each listed location, or may the same qualified videographer serve more than one location?

(d) Is the three-hour minimum videographer attendance fee intended to apply whenever videography is ordered?

(a) A videographer is required only when videography is specifically requested by the USAO.

(b) Synchronized video, when requested in conjunction with videography services, is included in the applicable videography pricing. The Government will not establish a separate CLIN for video synchronization.

(c) The Government does not require a separate named videographer for each location. The same qualified videographer may provide services at multiple locations, provided the Contractor maintains sufficient qualified personnel to meet all scheduling, coverage, and performance requirements of the contract.

(d) Yes. The three-hour minimum Videographer Attendance Fee applies when videography services are ordered.

14. After-Hours Reporter and Videographer Attendance Fees The Statement of Work states that proceedings are presently scheduled from 9:00 a.m. to 12:00 p.m.

and 1:00 p.m. to 5:00 p.m., but expressly states that these hours are subject to change. The pricing schedule includes standard On-Site and Remote Attendance Fee CLINs and a Videographer Attendance Fee CLIN, but no separate after-hours attendance CLIN for either the reporter or videographer.

In the court reporting industry, reporters and videographers may charge a higher appearance rate for work before 9:00 a.m. or after 5:00 p.m. Proceedings that continue beyond 5:00 p.m. require the reporter or videographer to remain available during evening hours and can disrupt previously scheduled work.

Would the Government consider adding separate After-Hours Reporter Attendance and After-Hours Videographer Attendance CLINs for services performed before 9:00 a.m. or after 5:00 p.m.? Without separate CLINs, offerors may have no choice but to incorporate anticipated after-hours costs into their standard attendance rates to ensure they are not out of pocket when after-hours work is required.

Separate CLINs would allow lower standard business-hour rates while applying the higher after-hours rate only when those services are actually required.

No. The Government will not add separate After-Hours Reporter Attendance or After-Hours Videographer Attendance CLINs. As stated in Section 2.2(b), the identified proceeding hours are subject to change. Offerors shall account for all costs associated with performing the requirements of the Statement of Work in their proposed attendance rates. The applicable contract attendance rate will apply regardless of the time of day services are performed.

15. Electronic Media CLIN and Video Delivery Format The pricing schedule includes CLIN 0010, "Electronic Media," with an estimated quantity of two each per year, but the Statement of Work does not appear to define what deliverable is included in this CLIN. Section 2.4 also states that the USAO will determine video formatting using "recordable media," while transcript delivery is otherwise required through USAfx.

Please clarify what CLIN 0010 is intended to cover. Does "Electronic Media" mean a physical CD, DVD, flash drive, or other removable media, or does it mean an electronically delivered file? For deposition video, does the Government expect a physical recording medium or a standard digital video file such as MP4?

Would the Government permit electronic delivery of video and other media through USAfx rather than requiring physical media? Electronic delivery is faster and avoids media-production and shipping costs. If physical media is required, please identify whether shipping is included in CLIN 0010 or whether a separate shipping charge or CLIN will be authorized.

CLIN 0010, Electronic Media, applies only when the USAO specifically requests that a recording be provided on physical electronic media. The unit of measure “Each” represents each physical electronic media item requested and provided.

Electronic delivery does not constitute an order under CLIN 0010. Unless otherwise directed by the USAO, electronic files may be delivered through the Government-authorized electronic delivery method identified in the solicitation.

When physical electronic media is specifically ordered, all costs associated with providing and delivering the media shall be included in the CLIN 0010 unit price. No separate shipping charge or CLIN will be authorized.

16. Civil Investigative Demand Depositions The solicitation does not appear to contain a separate CLIN or express provision for Civil Investigative Demand (CID) depositions.

Please confirm whether CID depositions may be ordered under this contract. If CIDs are outside the scope, please state that expressly. If they are within scope, we respectfully request a separate CID

CLIN.

CID depositions differ economically from standard depositions because copy sales to additional parties may be unavailable or restricted. In ordinary deposition work, copy sales to additional parties are a routine and expected part of the pricing structure and help offset the cost of producing the original transcript. A separate CID CLIN would allow vendors to price the service appropriately without inflating the pricing for ordinary depositions.

Yes. Civil Investigative Demand (CID) depositions may be ordered under this contract. Applicable court reporting, attendance, transcript, and other services for CID depositions will be ordered and compensated under the corresponding contract CLINs and rates. The Government will not establish a separate CLIN for CID depositions.

Contractor personnel shall comply with all applicable confidentiality, security, and information-handling requirements when performing services involving CID matters.

17. AI Smart Summary CLIN The pricing schedule contains CLIN 0016, "AI Smart Summary," with an estimated quantity of 65 each per year, but the Statement of Work does not appear to define the required deliverable or explain how it is to be produced. The solicitation also contains DOJ-09, Large Language Models, which imposes specific obligations when an LLM is provided under the contract.

Please define exactly what the Government expects under the AI Smart Summary CLIN, including the required format, content, turnaround time, and whether the summary must be generated using a large language model or other artificial intelligence product.

If an LLM is expected, please identify what platforms or environments are authorized for deposition testimony and exhibits that may contain CUI, PII, Privacy Act information, or other sensitive litigation material. Please also clarify whether the contractor is expected to price into this CLIN any compliance, disclosure, security, or data-handling obligations arising under DOJ-09.

CLIN 0016, AI Smart Summary, is an optional service that will be provided only when specifically ordered by the USAO prior to the deposition.

CLIN 0016 is for Intelligent Deposition Summary+ – Transcripts Under 100 Pages, an AI-assisted service that reviews a deposition transcript of fewer than 100 pages and produces an organized summary highlighting key testimony, facts, topics, and relevant information for easier review.

The solicitation will be revised to incorporate this description of the required deliverable.

The Contractor shall comply with DOJ-09, Large Language Models, and all other applicable security, privacy, confidentiality, and information-handling requirements contained in the solicitation when performing this service. Compliance with applicable contract requirements shall be included in the Contractor's proposed price for CLIN 0016. No separate charge will be authorized for such compliance.

18. Historical Usage Data by CLIN The Statement of Work provides useful planning information, including an historical average of approximately 65 depositions per year and an historical maximum of two to four simultaneous proceedings in a single day. The pricing schedule also provides estimated quantities for the individual CLINs. However, the solicitation does not provide the actual historical annual quantities purchased under each deposition-related service.

Would the Government provide historical usage data from the most recent contract period showing the actual annual quantities purchased under each deposition-related CLIN, including regular and expedited transcript pages, on-site appearances, remote appearances, videography, additional copies, exhibit copies, cancellations, travel, and any comparable services? This would be the best value to the Government because it would allow offerors to price the anticipated mix of services more accurately and competitively.

No. The Government will not provide additional historical usage data by CLIN. The historical workload information and estimated quantities provided in the solicitation represent the Government's best available information for purposes of preparing quotations. Offerors shall base their quotations on the requirements and estimated quantities provided in the solicitation.

19. Historical Deposition Volume by Location The solicitation requires staffing by location and lists Atlanta, Gainesville, Newnan, Rome, and the C.B. King United States Courthouse in Columbus as potential places of performance. Because the required staffing and travel costs may vary significantly by location, historical location information would materially assist offerors in determining the personnel needed to perform the contract.

Would the Government provide the actual number of depositions during the most recent contract period broken down by Atlanta, Gainesville, Newnan, Rome, Columbus, and any other locations used? If available, please also identify how many of those proceedings were remote versus in person.

This information would allow offerors to assess realistic staffing needs and submit more accurate pricing.

No. The Government will not provide additional historical deposition volume by location or method of performance. The locations, historical workload information, and estimated quantities identified in the solicitation represent the Government's best available information for purposes of preparing quotations.

As clarified herein, Contractor personnel are not required to be dedicated to a specific location. The Contractor shall maintain sufficient qualified personnel to meet the scheduling, coverage, and performance requirements of the contract across all identified locations.

20. Number and Location of Key Personnel Section 1.1(f) requires a minimum of one and a maximum of two court reporters per location and one to two videographers per location. The SOW lists Atlanta, Gainesville, Newnan, Rome, and also the C.B. King United States Courthouse in Columbus as potential locations. The quotation instructions state that an offeror proposing fewer than the minimum personnel will be found nonresponsive.

Please clarify what "per location" means for proposal purposes. Must the offeror identify a separate court reporter and a separate videographer for each of the five listed locations, or may the same Key Personnel be designated for more than one location if they can reasonably cover those locations? Is Columbus considered one of the locations for which separate Key Personnel must be proposed?

The SOW also states that the historical maximum number of simultaneous proceedings in one day is two to four. Please clarify how many distinct court reporters and videographers the Government expects an offeror to identify in Volume I in order to be responsive.

Please also clarify whether an offeror may submit additional court reporter and videographer resumes beyond the stated minimum or maximum in order to demonstrate the broader pool of qualified freelance personnel that would actually be used to staff the contract. Two reporters may not be sufficient if the historical maximum is two to four simultaneous proceedings in a single day. Will an offeror be penalized or found nonresponsive for providing additional resumes for informational or staffing-capacity purposes?

The solicitation does not require personnel to be dedicated exclusively to a single location. Qualified personnel may provide services at multiple locations, provided the Contractor maintains sufficient qualified personnel to meet all scheduling, coverage, security, and performance requirements, including simultaneous proceedings. The solicitation will be amended to clarify this requirement.

For proposal evaluation purposes, offerors shall submit resumes for one (1) Court Reporters per location and one (1) Videographer as Key Personnel. Additional resumes beyond the number requested will not be evaluated.

21. Transcript Production Not Requested Fee / Untranscribed Depositions The Statement of Work states that a transcript of witness testimony will be produced only when the USAO makes a specific request. This means a court reporter may attend a deposition, stenographically write testimony for several hours, and then be told that no final transcript is required.

The court reporter did far more than simply sit there for the allotted time, but performed the court reporting duties for the entire proceeding. The Attendance Fee alone does not compensate the reporter for the stenographic record and work product created during those hours.

In court reporting practice, when testimony is taken but no final transcript is ordered, reporters are paid both the appearance fee and a percentage of the transcription rate based upon the number of estimated pages that would have been produced. Because court reporters are freelance professionals who set their own rates, they will not generally accept an assignment that requires them to create the stenographic record but pays only an appearance fee if the Government elects not to order the final transcript. Without a separate CLIN, the prime contractor would be required to pay the reporter for this work while receiving no corresponding reimbursement from the Government.

This issue has been recognized in another USAO court reporting contract through a separate CLIN described as: "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)."

We respectfully request that the Government add a separate "Transcript Production Not Requested Fee" CLIN to this solicitation, payable in addition to the applicable Attendance Fee whenever testimony is taken but the USAO does not order a final transcript. We recommend that the fee be 50% of the applicable original transcript per-page rate, calculated using estimated pages at a rate not to exceed 35 pages per hour of testimony. For example, six hours of testimony would equal an estimated 210 pages, and the fee would be 50% of the applicable per-page rate multiplied by 210 pages.

Adding this CLIN is necessary so contractors are not required to absorb the court reporter's compensation out of pocket when the Government chooses not to have the stenographic record produced as a final transcript.

No. The Government will not add a Transcript Production Not Requested Fee CLIN. The Reporter Attendance Fee compensates the Contractor for the reporter's attendance and performance of required court reporting services during the proceeding, including creation of the record.

A transcript fee is payable only when the USAO specifically orders production of a transcript. If the USAO does not order a transcript, no transcript production fee, estimated-page fee, or percentage of the transcript rate will be paid. Offerors shall account for all costs associated with performing the requirements of the Statement of Work in their proposed rates.

22. Meaning of the Ten-Working-Day Transcript/Attendance-Fee Provision Section 2.2(b)(x) states that the Contractor is entitled to an hourly Attendance Fee, subject to a three-hour minimum, and then states: "The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee."

Please clarify the intended meaning of this sentence. Is the attendance fee payable for the reporter's time regardless of whether a transcript is ultimately ordered, or is the attendance fee intended to be charged only when the Government does not order a transcript within ten working days? If the fee is waived when a transcript is ordered, please state that expressly in both the SOW and the applicable CLIN description so offerors can price the contract accurately.

The Reporter Attendance Fee is payable for the reporter's attendance and performance of court reporting services regardless of whether the USAO orders production of a transcript. The Attendance Fee is not waived when a transcript is ordered.

The sentence stating, “The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee,” does not reflect the Government's intended pricing structure and will be removed from Section 2.2(b)(x).

As clarified in the Government's response to Question 21, the Attendance Fee includes the reporter's attendance and performance of court reporting services during the proceeding, including creation of the record. When the USAO orders production of a transcript, the applicable transcript rate will also apply.

23. Cancellation Fee Versus Attendance Fee When the Reporter Has Already Appeared or Traveled Section 2.2(b)(x) states that when a reporter is required to remain available for a whole day and no testimony is recorded, the Contractor will be paid either one cancellation fee or the number of hours of attendance for which the reporter was available, whichever is higher. Section 2.2(b)(xi) separately allows a cancellation fee when notice of cancellation is not provided by 5:00 p.m. the day before the scheduled proceeding.

Please clarify whether the Cancellation Fee is paid in lieu of, or in addition to, the Reporter Attendance Fee when the reporter has already appeared at the deposition location or has already begun authorized travel before the cancellation occurs. Please also clarify whether authorized travel costs remain reimbursable in that situation. This distinction is necessary so offerors can determine what compensation is available when a late cancellation occurs after the reporter has already incurred time or travel costs.

The Cancellation Fee and Reporter Attendance Fee are not cumulative for the same canceled proceeding. When a reporter has appeared or is otherwise entitled to an Attendance Fee for a canceled proceeding, the Contractor will be paid either the applicable Cancellation Fee or the applicable Reporter Attendance Fee, whichever is greater, in accordance with Section 2.2(b).

Travel costs that were authorized in advance in accordance with the Statement of Work and actually incurred prior to notification of cancellation remain subject to reimbursement in accordance with the applicable travel provisions and the Federal Travel Regulation. Upon notification of cancellation, the Contractor is expected to take reasonable steps to cancel or mitigate any additional travel costs.

24. Who is the current contractor(s) providing these services?

Esquire Deposition Solutions LLC

25. What is the current contract number(s)?

15JA0521D00000206

26. What is the current contract value?

$361,524.00

27. The SF1449 identifies this procurement as "Unrestricted"; however, Section 5 of the solicitation and the Cover Letter clearly state that this requirement is being issued as a small business set-aside.

Given the significant number of qualified small businesses capable of performing these services, please correct the designation on the SF1449 ?

This is being issued as a small business set-aside.

28. Section 2, Schedule of Supplies/Services, CLIN 0015 (and the corresponding option-year CLINs), the quantity is listed as "3,600" with a unit of measure of "LT." Please define "LT" and clarify what this quantity represents. As it refers to travel, does it represent miles?

LT = LOT. The $3,600 amount represents the estimated annual amount available for authorized travel and does not represent mileage. Travel must be authorized in advance and will be reimbursed in accordance with the travel provisions of the Statement of Work and the Federal Travel Regulation.

29. Are all depositions transcribed? No

a. If not, what is the estimated percentage of depositions that are transcribed?

The Government will not provide estimated or historical percentages of depositions for which transcripts were ordered. Offerors shall base their quotations on the requirements and estimated quantities provided in the solicitation.

b. If historical data is available, please provide the actual percentage of depositions transcribed under the current contract?

30. What is the estimated annual volume of depositions and/or transcript pages broken down for each of the following locations : Atlanta, Gainesville, Newnan, Rome, and Columbus?

a. If available, please provide historical volumes for each location under the current contract?

The Government will not provide estimated or historical deposition or transcript-page volume by individual location. The locations, historical workload information, and estimated quantities identified in the solicitation represent the Government's best available information for purposes of preparing quotations.

31. What percentage of depositions are anticipated to be conducted remotely?

The Government does not have a guaranteed percentage of depositions that will be conducted remotely. The method of performance will depend upon the needs and circumstances of each proceeding. Offerors shall base their quotations on the requirements and estimated quantities provided in the solicitation.

Do the court reporters have to be a Georgia Certified Court Reporter (CCR) or is it sufficient that they can administer the oath to the witness and certify that the transcript accurately reflects the testimony?

Yes, all court reporters must be Georgia Certified Court Reporters.