Answers to Questions Expert Witness and Court Reporting services.pdf

Expert Witness and Court Reporting services

Questions from Vendors/Contractors:

1. RFQ Section 6.2.1 specifically references “stenotype” as a court reporting method, but also requires the presence of backup recording equipment. Is FEMA open to an alternative remote court reporting method for transcription, which would allow the hearing to be digitally recorded and a certified transcript provided afterwards?

Answer: FEMA cannot record these hearings, so we require a court reporter available live to transcribe.

2. RFQ Section 4.0 indicates that telework may be authorized. Would FEMA consider a secure remote legal proceeding platform to be utilized to host the hearings? Should it be anticipated that all hearings during the contract term will be hosted remotely or will some in-person hearings be anticipated? If in-person hearings are anticipated, can you provide a percentage estimate of those versus remote hearings?

Answer: At this time, due to the ongoing pandemic, all hearings are done remotely via the government’s Zoom account. That likely will change at some point in the future although we have no timetable on when live hearings may resume.

3. For the arbitration hearings that have been conducted since 2018, how has FEMA procured the Expert Witness services? Is FEMA currently contracting with the Expert Witnesses on an individual basis? How has FEMA been procuring the Court Reporting services?

Answer: FEMA currently solicits bids on a case by case basis for court reporting services and contracts via sole source agreements for expert witnesses for all arbitration matters.

4. Are there incumbent contracts currently fulfilling this requirement? If so, can the government please provide the name of the contractors, the contract numbers, and the corresponding contract values?

Answer: No.

5. The pricing sheet provided does not include a line item for project management time. Is this a labor rate which can be added to the pricing sheet or where should this be captured?

Answer: Please add it to the price template.

6. Section 6.1.2.1 indicates that some on-site visits may be necessary. Can FEMA please quantify the number of on-site visits the vendor should anticipate?

Answer: Expert witnesses may need to visit the site of the project in dispute, the vendor could anticipate 0-5 visits a year, but it is incredibly case specific.

7. Could FEMA provide a sample expert opinion report which would be expected to be provided under Section 6.1.3?

Answer: No, expert witness reports are a part of the record for closed hearings and cannot be shared.

8. Regarding, Section 6.1.5, will these preparation sessions be conducted remotely?

Answer: They can be conducted remotely.

9. Who is the current vendor performing these services and what is their pricing?

Answer: No current vendor, they’re selected on a case by case basis, pricing varies as a result.

10. There are many HUBZone small businesses capable of providing these services. Would the agency considering making this solicitation a set-aside for HUBZone small businesses or small businesses?

Answer: No, solicited as Unrestricted

11. Section 2, Scope, indicates that FEMA is looking for both expert witnesses/consultants and court reporting/transcription services in this one solicitation. It is not the industry standard in either industry for these two types of services to be provided by the same vendor (There may even be a conflict of interest for a neutral court reporting vendor to be reporting and transcribing the testimony of a witness they provided). Since these are two very disparate services, please split these services into two separate solicitations.

Answer: FEMA understands this and believes a vendor for one service could subcontract out for the other service, and vice versa.

12. Section 12, Travel, indicates that there will be reimbursement for approved travel for expert witnesses. Will there also be travel reimbursement for court reporters?

Answer: Court reporters should be local to the Washington DC metro region, FEMA won’t reimburse for travel for court-reporters, reimbursement should be on the typical reimbursement method for court reporting services which is generally just on a per page basis.

13. Will verbatim transcripts be required to be in a 508-compatible format?

Answer: No, just standard format.

14. What is the standard deliverable for court reporting/transcription services (digital transcripts, hard copies, etc.)?

Answer: Typically, it is just a digital copy of the transcript emailed to FEMA and any other parties who wish to purchase a copy.

15. What is the delivery time for the verbatim transcripts (The industry standard is 10-12 business days)?

Answer: Industry standard is generally fine, if post hearing briefs are required a rush order might need to be obtained.

16. Whether companies from Outside USA can apply for this? (like, from India or Canada)

Answer: No.

17. Whether we need to come over there for meetings?

Answer: No, meetings can be handled over phone or via video chat.

18. Can we perform the tasks (related to RFP) outside USA? (like, from India or Canada)

Answer: No.

19. Can we submit the proposals via email?

Answer: All proposals will be emailed.

The following is a quote from the Code of Ethics from the National Court Reporters Association regarding ethics:

20. Subjection: We respectfully request the subject solicitation be split into 2 different solicitations.

The rationale is that it is inappropriate for a contractor to provide expert witness testimony and also provide a court reporter to transcribe the testimony.

"A conflict of interest occurs when a person has direct interest or finical interest with the outcome of an event or has a close relationship with other parties involved. Such factors can influence an individual’s judgement. Therefore, it is important to identify and prevent conflicts of interest. ... Be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest."

On rare occasions we have had to withdraw a reporter from a proceeding due to the court reporter knowing one of the witnesses. The most important rule in court reporting is providing an unbiased record as it is imperative prevent any possible appearance of a conflict. Additionally, the winning firm that provides the expert witnesses on this contract should be precluded from bidding on the court reporting of the testimony.

Answer: The contractor has no direct or financial interest with the outcome of the event, services will be rendered regardless of the outcome of anyone hearing. Further, the contractor here is neither actual the expert witness nor actual court reporter, the contractor merely obtains the services of such individuals who would then be providing either their expert opinion on a matter or court reporting services of a case. The two individuals would never need to know, speak to each, or have any relationship whatsoever with each other throughout the administrative arbitration process.