Q and A - Amendment 0001.docx

DOCX document 28 KB Posted

Attached to
Court Reporting Services
Solicitation number
2031JW21Q00008
Issued by

About this file

This document contains questions and answers regarding a solicitation for court reporting and related services for the Department of the Treasury Office of the Comptroller of the Currency. The solicitation requires court reporting services to be provided nationwide for administrative litigation, arbitration hearings, MSPB proceedings, federal court cases and appeals. Services will include stenography, digital recording, real-time transcription, video recording, and virtual conference space. Pricing is required as one rate for stenography services and one rate for digital services regardless of location. The incumbent contractor and contract length are not disclosed. The response due date was extended to October 28th, 2020 by this amendment in order to allow two full weeks for responses after questions are answered.

View the file

Other files

File Type Posted
Q and A - Amendment 0002.docx DOCX document
2031JW21Q00008-0002.docx DOCX document
2031JW21Q00008-0001.docx DOCX document
2031JW21Q00008.docx DOCX document

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

COURT REPORTING 2031JW21Q00008 – Q&A for Amendment 0001

Vendor Questions
OCC (CCO/AQM/ITS) Responses

Q1: Will the location of all proceedings occur at the U.S. Department of the Treasury with headquarters in Washington, D.C. and/or the district offices in four major cities throughout the continental United States? If not, please elaborate on frequent locations of the proceedings.

The OCC does not have a list of cities where it anticipates services, although historically many proceedings have been at or near OCC district or field offices, which are identified on OCC.gov. The Contractor must be available nationwide.

Q2: Will the contractor be allowed to charge travel expenses in accordance with GSA guidelines post performance?

No.

Q3: How many simultaneous proceedings occur per year on average?

This is an infrequent, but possible occurrence. It has occurred a handful of times over the past few years.

Q4: What is the typical frequency at which the 75 Digital Appearances and 75 Steno Appearances occur per week, month, or year?

The OCC cannot provide a frequency for the amount of work that will require stenographer services vs. digital services. The OCC will have discretion to determine whether or not to request stenographer services. The OCC's expectation is that stenography services will be available nationwide upon request.

Q5: What is the average page count per proceeding?

We estimate a full 8-hour day of testimony to average 250 pages.

Q6: Is there a list of conference spaces preferred by the department for proceedings?

No, the requirement is that the vendor provide conference spaces upon OCC’s request. See the Answer to Q1 for more information about geographies.

Q7: Will virtual court reporting services be the standard in the event of another government shutdown due to a pandemic; or will no contract services be ordered?

The OCC will be requiring virtual proceedings upon request during the course of the pandemic or otherwise. We cannot guarantee the frequency of proceedings in the case of a government shutdown, but our agency does not typically close in the event of a government shutdown.

Q8: What was the breakdown of each district office and satellite office last year in terms of number [of] appearance days?

Please see the answer to Q1 regarding information about geographies. Locations of proceedings vary widely from year-to-year based on agency needs

Q9: How often are cases outside the district office or satellite office and the reporter was remote last year?
Last year, instances where the court reporter was remote were limited. However, due to current circumstances, including the pandemic, and our related increased use of virtual platforms, the number is not reflective of current or future needs.

Q10: What is the expected number of virtual hearings for the year?

Unknown, the contract requires vendors to provide virtual reporting services upon request during the course of the contract.

Q11: Once COVID has concluded will hearings remain virtual?

The PWS requires the contractor to provide virtual reporting services upon request during the course of the contract; we also note the high level of uncertainty around when COVID will “conclude.”

Q12: How many steno, video and/or digital cases were done last year in each region. Not number of pages but number of days per office or region.

See responses to Questions 1, 8 and 9.

Q13: How often was real-time used last year. Number of days, not pages.

This a new requirement for this contract.

Q14: Section 8.5 electronic transcript is shipped. Could it be emailed or sent through secure server? Same question for 8.6 with the video.

TO BE ANSWERED IN COMING AMENDMENT

Q15: In the eastern region, which sees more cases New York or DC?

This number can vary widely year-to-year depending on agency needs.

Q16: Data section 10.0 “All transcripts, recordings, records, exhibits, and any other material which is part of, or relates to, any action recorded by the Contractor shall be the property of the OCC and shall be delivered to the COR together with the finished transcript.” Does this include steno notes and or digital audio recorded at the proceeding?

TO BE ANSWERED IN COMING AMENDMENT

Q17: There are 4 editions of the VPAT?

TO BE ANSWERED IN COMING AMENDMENT

Q18a: On the VPAT provided do all 6 tables need to be filled out.

TO BE ANSWERED IN COMING AMENDMENT

Q18b: What is the basis for the VPAT? Transcripts are looked at on a computer with software the user would already have, therefore, wouldn’t the users’ equipment need to be accessibility compliant and not the transcript/product?

TO BE ANSWERED IN COMING AMENDMENT

Q19: Will all questions from all responders to the solicitation be distributed in case we forgot to ask something?

Yes.

Q20: What was the average yearly spend for reporting services over the last 3 years?

This information will not be provided.

Q21: Please clarify how you want us to show pricing for different areas of the country. Can we give you pricing for each state? Do you have a list of cities/states that you have done depositions in? Pricing for court reporters can vary greatly from state to state and even by cities in the same state. One nationwide price would not make sense.

The quote must provide one price for services regardless of the location the service is provided.

Q22: What types of litigation are most common?

Administrative litigation before OFIA, arbitration hearings, MSPB proceedings, Federal District Court litigation and appeals, and appeals.

Q23: What is the average length of proceedings?

4-8 hours. (Some run longer or are multi-day.)

Q24: What percentage of proceedings are public v. private?

The vast majority are confidential/private, because they are confidential sworn statements.

Q25: What percentage of proceedings result in a copy of the transcript sold to a party not affiliated with Comptroller of the Currency/ your opposing counsel?

The OCC expects that a minimal percentage of the proceedings will have sales to the public.

Q26: What is the average total number of proceedings per year? On Page 26 section 2.2, you define “proceedings” as depositions, sworn statements, arbitration hearings, personnel grievances and appeals, conferences, and committee meetings. Please give an estimated percentage to each one of these different types of proceedings to indicate what percentage of the total they make up in an average year. Court reporting agencies price differently for depositions vs. hearing/meetings/conferences so this is an important statistic.

The OCC cannot provide a percentage for the different types of proceedings in which we may require court reporting services. The OCC is requesting one rate for stenography and one rate for digital for all proceedings.

Q27: I calculated 22,000 pages per year as the total for electronic and steno reporting. You state that there are 150 electronic transcripts required per year. Is 150 the average total number of proceedings per year?

Historically, we average about 80 ‘calls for service’ per year, which may include multi-day statements or depositions/hearings. There can also be multiple witnesses in one day, resulting in individual transcripts for each.

Q28: What percentage of 2021 proceedings do you estimate to be virtual vs. in-person?

As this is a new requirement that is largely dependent on the nationwide status of the pandemic, we anticipate a large majority of proceedings will have a virtual component. Among virtual proceedings, we do anticipate having multiple “blended” virtual proceedings, where some people (including potentially the court reporter) attend in person and some attend remotely.

Q29: On Page 33 Section 12.0, you define normal hours of service as between 8am and 6pm. Do you have a standard rate multiplier you use for hours outside the normal timeframe? Do you want us to quote our rate or use yours?

Please provide us your pricing.

Q30: Regarding your invoicing platform (IPP), do you charge the contractor a fee to use IPP?

No.

Q31: VPAT – what exactly do we have to do to comply? I am not sure what VPAT is. Can we provide you with our IT/security policy?

TO BE ANSWERED IN COMING AMENDMENT

Q32: Page 70, Past Performance Survey. This would not [need] to be completed by us, correct? This is only for a contractor that has had a past contract with you?
That is not correct. This is a requirement for all prospective Quoters. This is used for us to have a reference of your company’s past performance; this is akin to how an individual candidate applying for a job must provide references.

Q33: Page 90, 4.3.1. Volume I – Corporate Experience. Is it possible to discuss exactly what specifics you need? Not clear to me.

OCC feels the instructions for this section are adequate as is. Please provide the information as is relevant to the services OCC is requiring in the PWS.

Q34: Please confirm that you do not require nor will pay for a word index at the end of each transcript. Is that still the case?

We do not require a word index, nor will we pay for the page count of one if it is provided.

Q35: The SOW calls for one contractor to provide both certified professional court reporters using stenography machines (stenographers) and digital reporters operating tape records (digital reporters), and it states that the type of individual to be used for a given assignment will be at the election of the OCC. Can you explain why the OCC would want work performed by digital reporters, who are minimally-trained individuals operating a tape recorder to record a proceeding, which then needs to be typed up from the audio file, as opposed to a professional, highly trained and certified court stenographer who can create a far more accurate transcript in a fraction of the time? To wit:

A. Are there different types of proceedings (easier or shorter) that a digital reporter is traditionally used for other than a stenographer to save money?

B. If the contractor elected to use professional stenographers on all of the work, but filled in the pricing on the SOW to reflect lesser pricing for "digital reporters," would that be allowed? (In other words, there were two tiers of pricing for two tiers of stenographers - one would be listed in the CLIN for "digital reporters" and instead of using digital reporters the contractor could use stenographers for work that the OCC would normally request a digital reporter, but at a lesser rate, and the other CLIN for stenographers would reflect a higher price for a more experienced stenographer)? Otherwise this bidder would not bid on the contract, and I imagine you would have less responses as it is highly unusual for one contractor to employ both court stenographers and digital reporters.
Our requirement for digital reporting includes a certified court reporter to perform this service. If the contractor decides to provide services above what is requested, we will only pay for the requested services.

A. The OCC can request a stenographer for any proceeding at our discretion.

B. The OCC is not directing Quoters on how to formulate their pricing.

Q36: Can you advise what the subject matter of the hearings/Depositions/Legal Proceedings/Meetings, etc. will be generally? For example, for Hearings and Depositions are they EEOC matters, Personal Injury matters, fraud, IP, etc. Can you provide an estimate of the percentage of each type of litigation?
Please see the answer to Q22.
Q37: Court reporters always charge more for reporting hearings and meeting and other proceedings consisting of mostly colloquy or a multitude of speakers as opposed to depositions or arbitrations, yet there is no CLIN to break out the charges for different types of proceedings. Is it your intention to require court reporters to bill less than their normal fee for hearings and meetings, or to charge more than their normal fee for depositions and arbitrations to create a "blended" rate that fits into the CLIN structure? The latter will not be most cost effective for the OCC and the former would be unfair to the court reporter, and would cause this bidder not to bid on this contract.
Please see the answer to Q26.
Q38: Traditionally, court reporters charge appearances either by the hour or by the half day or full day, and it varies by region. In the pricing chart the unit number for appearances is "75." Is this 75 hours, 75 half days or 75 full days?
75 full days.

Q39: Nationally court reporters' working day starts at 9:00 AM local time, yet the SOW states that depositions may start at 8:00 AM. Court reporters always exact a surcharge for an early appearance for depositions that start before 9:00 AM, yet there is no CLIN for this. Do you expect the court reporters to forego this usual and customary charge when handling depositions under this contract? If so, this would be unfair to the court reporter.

B. How many proceedings started before 9:00 AM historically in the last two years?

We disagree with the assumption(s) built into this question. There is no “national standard” with a 9:00 o’clock start time that we are aware of.

Q40: Can you provide an estimate of how many depositions were held historically in a one-year period versus hearings, meetings, arbitrations and other proceedings? (Your current contractor should be able to easily give you a report on this).
No.
Q41: For CLIN 0019 "Conference Space for Virtual Proceedings," can you clarify if this is for a physical conference room for one or more of attendees to utilize while other attendees are attending remotely via a platform such as Zoom of Webex, or for some other purpose?
Yes. This is for a physical conference room for one or more of attendees to utilize while other attendees are attending remotely via a platform such as Skype for Business, Zoom, WebEx, or another platform.
Q42: For CLIN 0020 "Copy of Video Recording on DVD," the unit is shown as "each." Generally the charge for a video recording is by the hour for the length of the proceeding. The amount is 18. Does this mean there is an estimate of 18 hours of proceedings that will be videotaped, or are you expressing that "each" means for each day or another unit? (In other words, what is the unit you currently have in the CLIN, and if that is not by the hour would you consider changing it to an hourly rate, to be in conformation with how videographers charge?).
This CLIN is for a physical copy (DVD or .mp4) of the complete recording of a statement. The daily rate for videography is covered under CLIN 0016.
Q43: For CLIN 0021 "Real-time reporting per page" is this for RealTime transcription performed by a stenographer in person, virtually, or both? Traditionally there is a different price for in-person RealTime as opposed to virtual or remote RealTime, but there is only one CLIN for this. Due to the reality of Covid-19 in our world right now at least for the first year of the contract it is reasonable to assume that most, if not all of the RealTime will be handled virtually, which is more expensive than in-person RealTime. Is it your intention for the court reporter to perform this service at a reduced rate? If so, that would be unfair to the court reporter. Would you be willing to add a CLIN for virtual RealTime as opposed to in-person RealTime?
The OCC is requesting one rate for this service.
Q44: Can you release a copy of the current Accessibility Conformance Report for the incumbent, if one exists?
No
Q45: Who is the incumbent contract holder and how many years has this incumbent held this contract?
In almost all cases, OCC does not release contract information outside of a FOIA request.
Q46: What information would you like included in Volume IV? In Section 4.3 "Instructions to Quoters" it states: "Quoters must submit their quotes in five (5) volumes as shown in sections 4.3.1. through 4.3.5." It then goes on to identify what information must be included in Volumes I, II, III, V and VI, but skips Volume IV.
This was due to a mis-numbering and has been corrected in this amendment.
Q47: It is understood that it will take some time for you to respond to all questions from all prospective bidders, and the answers to many of my questions above will determine if I will or will not submit a bid for this contract. I would not want to burden our other clients by sending them the Past Performance Survey to complete until it is decided if we will be submitting a bid. With a return date of 10/14/20 it would be an undue burden on our clients to fill out and complete that form with less than two full weeks' notice. Therefore, would you be willing to extend the return date of proposals to allow for two full weeks after the answers to bidders' questions have been posted? Especially in light of the fact that the first period of performance is not until 1/1/21?
This amendment extends the due date for quotes and past performance questionnaires.

File details come from the government source that posted it. Updated .