70T05019Q5NCSL013__A00002_Questions_and_Answers.pdf

# RFQ Section Question Answer

1 5.1

Section 5.1 explicitly allows for, among other types of reporters, digital reporters. That same section indicates that the reporters shall create a transcript in real-time. While creating a transcript in real-time is typical of stenographers, it is not typical for digital reporters. Digital reporters can meet the other criteria including read back of testimony recorded and placing a witness under oath. However, if ‘creating a transcript in real-time’ is a requirement it effectively precludes the use of digital reporters who typically create a high level audio recording and then have it transcribed after the proceeding. Can you please clarify that for us?

This question was answered earlier. There is no need for "real-time" reporting.

2 5.1

Paragraph 5.1 states: "Verbatim transcription shall be performed via digital recording, mask reporting, or stenography, shall create a transcript in real time, and shall allow for immediate, on-the-spot read back of the testimony recorded." Digital and masked reporters usually record the proceedings and create a transcript from the recording at a later time. Both methods, however, are able to provide on-the-spot readback of the testimony recorded. Would you consider removing the words "shall create a transcript in real time"? Failure to do so would necessarily negate digital and masked reporters being able to perform the contract requirements.

This question was answered earlier. There is no need for "real-time" reporting.

3 5.1

Paragraph 5.1 states: "The court reporter provided shall have the credentials and authority to place witnesses under oath at the time of the court reporting and no matter whether the witnesses are physically present with the court reporter or appearing via telephone, video teleconferencing, or another communication method." The majority of states do not allow a notary/court reporter to place a witness under oath over the telephone. In many states, it specifically details that it is illegal to do so.

Most states specify the witness must be physically present with the notary. Some states have exceptions for videoconferencing.

So, while there may be states that do allow it, we know for sure that this requirement would disallow court reporters in a number of states from bidding.

Does this contract anticipate utilizing court reporters over the telephone, or is that a mistake in the RFP?

Court reporters must follow applicable state law on this issue.

Telephonic testimony is frequent, however, and court reporters must have a means of handling this issue because witnesses must be able to be placed under oath for all court reporting events.

4 5.1

Paragraphs 5.1.1 through 5.1.3 have been changed from "business days" to "calendar days." The norm in the court reporting industry is business days.

Having calendar days as the delivery model instead of business days:

a. Requires the contractor and the client to staff seven days a week instead of five so that jobs can be turned in on the weekend.

b. Decreases the actual turnaround time resulting in a higher price as all of the transcripts would be labeled as "Expedited" in the normal court reporting industry.

c. Require contractor and client to staff ALL holidays, including Christmas, to allow for a calendar day delivery.

Would you consider changing the requirement back to "business days" instead of "calendar days"?

This has been changed back to business days.

5 5.2

In Section 5.6, states “The Contractor shall provide a secure website or application, such as ReporterBase 9™ office management software or equivalent”. A) If we consider our system, equivalent, what does the government need to prove it is equivalent? B) What if we do not have the system; however, intend to update it to meet the requirements?

A) If your system is equivalent, you must document in your quote how your current systems provides the same scheduling capabilities as the ReporterBase 9™ office management software and how it accommodates multiple user access. B) If you upgrade your system to meet this requirement, it must be in place and functional by 11/24/19.

6 5.2

In Paragraph 5.2.4, is there a cap on the late delivery fees? For example, if a reporter were to suddenly die, which does happen, and the transcript were to wind up being significantly late, would the contractor possibly be at risk of becoming insolvent due to these late delivery fees?

If the delivery is significantly late due to conditions out of control of the contractor, TSA will consider capping the late fee.

7 5.2

Paragraph 5.2.5 discusses an error rate fee. Is there a definition somewhere of what is considered an error? What entity decides if something is an error? Is there the possibility of appealing an error decision?

Correct - error rate is defined in

5.2.5. Also, if the error rate arises, TSA and the court reporter can discuss why it was applied and whether it can be reduced or waived under the particular circumstances.

8 5.2

Paragraphs 5.2.4 and 5.2.5 reference a "minimum fee" although that term is not used elsewhere in the contract. What is a "minimum fee" comprised of?

Should there be a CLIN for a minimum fee?

A $150 fee will be applied.

9 5.2

Can you please clarify the ‘no-show fee’? A description has been added in 5.2.6 but there is a reference in that section to a ‘fixed cost’ but no corresponding entry in the pricing table. Can you please clarify how firms are to charge for this?

An additional CLIN 00009 has been added under which you may propose a cost for a "No Show Fee."

10 5.4

Paragraph 5.4 was changed to read "Internet video conferencing using Cisco Webex™" instead of allowing for other methods, such as Zoom. Is there a reason only Cisco Webex can be used for this contract? Would you consider allowing other similar products to be used, such as Zoom or the many, many other products on the market?

Cisco WebEx or other compatible TSA-approved platform.

11 5.6

In Section 5.6, states “The Contractor shall provide a secure website or application, such as ReporterBase 9™ office management software or equivalent”. A) If we consider our system, equivalent, what does the government need to prove it is equivalent? B) What if we do not have the system; however, intend to update it to meet the requirements?

A) If your system is equivalent, you must document in your quote how your current systems provides the same scheduling capabilities as the ReporterBase 9™ office management software and how it accommodates multiple user access. B) If you upgrade your system to meet this requirement, it must be in place and functional by 11/24/19.

12 7

Section L.1.0 (b) states that, “Complete quotes must be time stamped (and received into the e-mail address in-box of the Contract Specialist no later than 15 October 2019 by 12:00 PM EST.” I believe that that is a typo and intended to be by 29 October, but please confirm.

The completed quotes are to be received by 29 October 2019 by 12:00 pm EST.

13 0

Why did the government amend the RFQ after the quotes were submitted?

There were changes that needed to be included in the Statement of Work and therefore the Request For Quote needed to be amended to address these changes.

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