Amendment 0001 Solicitation 1605C1-23-Q-00071.pdf

(x)

1605C1-23-Q-00071 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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Washington DC 20210

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

07/25/20230001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/25/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment to Solicitation 1605C1-23-Q-00071 is as follows:

1.) Provide answers to questions received by the offerors.

The hour and date for the receipt of proposals remain at Thursday, August 24, 2023 at

5:00pm ET. Please email submissions to Katina Guidry at guidry.katina.m@dol.gov and Ericka

Graham,graham.ericka@dol.gov.

Period of Performance: 11/15/2023 to 11/14/2028

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Ericka Graham

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 404-302-5820 graham.ericka@dol.gov

Solicitation: 1605C1-23-Q-00071 - Court Reporting and Stenography Services- Questions and Answers

DOL Court Reporter BPA

Question Title Section Number Question Detail Government Response

In Person 1.4 Do you know what percentage of hearings and depositions will be done in person?

The majority of the hearings will be held remotely

Phase In/Out 1.6.15 Can you please expand on this? Incumbent will receive the summary of all current projects along with the status.

California Hearings and Depot

Do you happen to know an estimate of how many hearings and Depos. Will be conducted in CA?

No. Between 9-1-21 to 8-31-22, we did 14, however we don't have an estimate of future hearings.

Copy Requests Can you share if these proceedings typically produce copy requests?

The Contractor may sell and furnish copies of transcripts to other parties in the case or the public if so requested; however, the agency doesn't have any data on the number of transcripts purchased from the vendor.

Transcripts Attachment D #1 Will all transcripts need to be printed and sent electronically? How many copies?

The Contractor shall furnish such services in the form of a transcript of these hearings in PDF format where it shall be uploaded through OALJ’s current electronic eFiling and eServing Portal named EFS or other OALJ designated system.

Paper weight Attachment D #2 Is the "substance #9", 9 lb (9#) paper? Ignore the "substance #9".

Color Indexing Attachment D #4 Does this mean the witnesses' names should be color-coded throughout transcript?

No color-coding unless the Judge requests it at the hearing.

Court Presence Scope 1.4 Will the stenographer need to be in-person or expected to be virtual? If in-person, will travel be reimburseable with per diem? If virtual, will they be granted permission to record audio by host?

Most of the hearings will be virtual, but some will require "in person hearings" and that means traveling to the hearing site. The pricing schedule does not allow for reimbursement of travel, only per page rate. Travel costs are to be included in the rate. The All reporting shall be by electronic recording device which translates to being able to record the hearing.

Alternative AI Solutions General What are the requirements for accessibility and usability, especially for users with varying levels of technical expertise?

Since a judge is managing the proceeding or conference call, the ambiance is very respectful.

Ambiance of Proceedings 1.2 The Office of Administrative Law Judges (OALJ) holds various proceedings, such as fact-findings, review boards, hearings, administrative investigations, depositions, and other legal proceedings requiring a transcribed record. For artificial intelligence (AI) to be capable of transcribing these proceedings, there must only be one person speaking at a time. An AI solution is not feasible for proceeding where people are talking over one another or there is a great deal of background

The OALJ hearings occur much like any other legal proceedings and an Administrative Law Judge manages the hearing or conference. Thus, witnesses may testify, and the proceedings are transcribed by a court reporter.

noise. Can DOL describe the ambiance of the proceedings requiring transcription?

Transcription Accuracy

SLA

1.6.8.6 The solicitation is silent on the level of

accuracy required of the transcriptions. Can the government provide a Service Level Agreement (SLA) for transcription accuracy and the associated government surveillance method(s)?

OALJ completed transcripts are to be in PDF format by uploading them by each case through an Electronic Portal or follow-on system. Where errors attributable to the Contractor's performance appear in the transcript (i.e., those which change or obscure the meaning of the testimony, but not including typographical errors or misspelling if the intended meaning is clearly evident, such as "thier" for "their" or "teh" for "the", etc.) the Department of Labor may demand and the Contractor shall correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost of any kind to the Department for the same, regardless of the delivery time of the original order specified.

Further, in the event the presiding official finds any part of transcripts to be illegible, the Contractor shall correct and replace the same with acceptable versions within one (l) business day after receipt of notification from the presiding official and without additional cost for such replacement.

Legal Penalty for Inaccurate Transcriptions

1.6.8.6 Is there a potential for legal penalty for

inaccurate transcriptions?

Correct and replace the same with acceptable versions within one (l) business day after receipt of notification from the presiding official and without additional cost for such replacement.

Integration with Existing Systems

E.3 Are there existing systems or platforms that the proposed solution must integrate? If so, what are the technical specifications for integration?

No existing system or plaform is currently available to automatically connect to or upload transcripts. It is a manual process to upload each transcript into an electronic system.

Scalability Needs E.3 What are the expected volumes of data to be processed, and does the government have a vision on how the system should scale to meet future demands?

The Contractor, at all times, shall provide staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract.

AI and Machine Learning Expectations

E.3 Are there expectations or requirements for utilizing AI or machine learning models in data analysis? If so, what are the specific needs or constraints?

No AI or machine learning models are required because this isn't a data analysis requirement.

Collaboration and Communication Tools

B.7 Does the government have, or may identify, any specific tools or features that are required to facilitate collaboration and communication within the organizational structure?

The contractor’s Phase In/Out responsibilities are outlined in B.3 and 1.6.15. There is not a current transition plan to share.

Training and Support Needs General What are the training and support needs for users with varying levels of technical expertise?

The contractor’s Phase In/Out responsibilities are outlined in B.3 and 1.6.15. There is not a current transition plan to share.

Environmental and Sustainability Considerations

General Are there specific environmental or sustainability considerations that must be adhered to in the proposed solution?

The contractor’s Phase In/Out responsibilities are outlined in B.3 and 1.6.15. There is not a current transition plan to share.

Implementation Timeline 1.6.15 What is the expected timeline for implementation, and are there key milestones or critical success factors that must be considered?

Inplementation will begin once the contract is awarded.

Accessibility Standards General What are the requirements for accessibility and usability, especially for users with varying levels of technical expertise?

As in the PWS, the contractor shall provide all personnel, equipment, tools, and materials which for virtual hearings means to be able to Login to the Microsoft TEAMS meeting/hearing, to record the hearing using TEAMS OR a different connected recording device. If "in person hearings," the reporter must travel and perform the duties as outlined in the PWS.

Onsite vs Remote Work 1.4 What percentage of the proceeding days will be held remotely (as opposed to having the reporter onsite?

This is an unknown factor; however, since COVID and currently, the agency has mostly held virtual hearings.

Location of Onsite Work 1.6.6 What are the top 10 locations for onsite assignments?

OALJ does not keep track on virtual versus on-site assignments.

Location of Onsite Work 1.6.6 What percentage of work is in each of these locations?

Please use the estimated workload.

Clearances 4.2 Do all employees performing work on this contract need to have a "confidential" security clearance?

NO.

Clearances 4.2 If yes, specifically what type of clearance?

Issued by whom?

Not Applicable.

Paper Hard Copy Transcripts

BPA Exh. 2 How often does the Agency require a hard copy (paper copy) of the transcripts?

The agency requires an electronic submission, not paper.

Paper Hard Copy Transcripts

BPA Exh. 2 Are hard copies only ordered for 20 day delivery transcripts as indicated?

The agency requires an electronic submission, not paper.

Pricing Breakdown Attachment A May a vendor breakdown the pricing by geographic location to cover regional variability in costs?

Yes

Pricing Breakdown Attachment A If hard copy transcripts are required, may a vendor add a shipping/handling cost to cover the rising rates of paper and shipping?

OALJ only allows transcripts to be submitted electronically by manually uploading them into a DOL system.

Volume Attachment A - Pricing Schedule DOL Court Reporter BPA

Is it possible to get a breakdown of hearings and depositions per site/job location, aside from assuming that they’re divided between the nine offices in the blanket?

We do not have that information.

Volume Attachment A - Pricing Schedule DOL Court Reporter BPA

Historically, by site/job location, what is the breakdown of hearings and depositions, virtual

vs. in-person?

OALJ doesn't collect information on Virtual or In-Person hearings.

Job Coverage Attachment B OALJ Offices

Can the contractor specify their preferred geographic coverage or is the contractor expected to cover all job requests nationwide?

OALJ's task orders will cover a specific hearing area (state or territory), not specific OALJ offices. The contractor must cover everthing within the Region(s) that they bid.

Volume Attachment A - Pricing Schedule DOL Court Reporter BPA

Historically, what is the volume of paper prints and copies?

The vendors are currently use OALJ's electronic eFiling and eServing Portal named EFS or may in the future an other OALJ designated system.

B.3 Who are the current contract holders? Bayley Reporting, Inc. - 1605DC-18-A-0043 Behmke Reporting & Video Services, Inc. -

1605DC-18-A-0047

Burke Court Reporting, LLC - 1605DC-18-A- Capital Reporting Company - 1605DC-18-A- Diversified Reporting Services, Inc. - 1605DC- 18-A-0049 Free State Reporting, Inc. - 1605DC-18-A-0050 Heritage Reporting Corporation - 1605DC-18-A- Jackson Reporting (DBA, Jackson-Ryherd, Judith Marie) - 1605DC-18-A-0052 Neal R. Gross & Co., Inc. - 1605DC-18-A-0053

TRANSITION PLANS B.3 Are you able to share the current transition plan? If not, when would the incumbent be expected to have this plan completed by?

The contractor’s Phase In/Out responsibilities are outlined in B.3 and 1.6.15. There is not a current transition plan to share.

TRANSITION PLANS B.3 Are you able to share the last incoming and outgoing transition plan used for this effort?

The contractor’s Phase In/Out responsibilities are outlined in B.3 and 1.6.15. There is not a current transition plan to share.

Clearance C4.2 Is the require for confidential "clearance" a national security clearance which require processing through eQIP and a DD-254; a Department of Labor confidential designation;

or something else?

Only for a specific hearing which might occur once in a fiscal year.

SUBSTITUTION OF

CASES AND JUDGES

5.1.2 There is a reference to "Incentive Strategies"

in C5.1.2, but this is not further explained in the Solicitation. Can you provide further explanation?

There is no reference regarding "Incentive Strategies" in C5.1.2.

Geography coverage 1.4 and 5.1 Within the Solicitation, there appears to be a requirement for each contractor "...may be scheduled in any location in the United States", but there is also a reference to providing, "reporting services in support of the OALJ for a designated region." Can you clarify if a contractor would be expected to cover for both regions and the national office, or would the government consider assigning contractors to individual District Offices, Regions, or the National Office?

OALJ's task orders will cover a specific hearing areas by four Regions (state or territory), not specific OALJ offices. A vendor can bid on all regions or specific regions.

Historical Quantity Does the government have an estimate of the historical quantity of hearings attributed to each District Office or the National Office held during the past year?

OALJ does not track its hearings by district office, rather by cities within a region.

Type of reporting 4.1 and 5.1 Section 4.1 references "All reporting shall be by electronic recording device." which conflicts with Section 5.1 "The Contractor shall provide verbatim stenographic reporting services…". Will the government accept either electronic recording or stenographic means to produce a final, verbatim record?

YES.