CN260028_Certified_Shorthand_Reporter_Services_IFB.pdf

California Department of Education Invitation for Bid (IFB) Certified Shorthand Reporter

Services – CN260028

Legal Affairs Contract Analyst – McKinley Carlisle

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: mcarlisle@cde.ca.gov Phone: (916) 445-6826

Bid Due Date: March 5, 2026 at 2:00 pm PST

Public Bid Opening: March 10, 2026 at 9:00 am PST Contract Period: July 1, 2026 – June 30, 2027

One-Year Option to Renew: July 1, 2027 – June 30, 2028 One-Year Option to Renew: July 1, 2028 – June 30, 2029

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Certified Shorthand Reporter Services – CN260028

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

NOTIFICATION

VIII. BIDDER REQUIREMENTS

IX. IFB DOCUMENTS

X. BID DOCUMENTS AS PUBLIC RECORD

XI. BID SUBMISSION

XII. BID SUBMISSION REQUIREMENTS

XIII. BASIS OF AWARD

XIV. OPTION TO RENEW

XV. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. BACKGROUND

IV. LOCATION AND HOURS

V. MINIMUM QUALIFICATIONS

VI. CONTRACTOR’S RESPONSIBILTIES

VII. SERVICE REQUESTS

VIII. CANCELLATIONS

IX. CONFIDENTIALITY

X. RECORD MAINTENANCE AND RETRIEVAL

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 04/2025)

III. PAYMENT

IV. TRAVEL

V. DVBE PARTICIPATION WITHHOLD (1/1/2022)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORM

EXHIBIT B.3 – CONRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. AMENDMENTS

V. OPTION TO RENEW

VI. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 39

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 - BIDDER CERTIFICATION

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

ATTACHMENT 8 – IRAN CONTRACTING ACT CERTIFICATION

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide in-person and remote certified shorthand reporter (CSR) services for depositions on an as needed basis for the CDE located at 1430 N Street, Sacramento CA 95814 in accordance with the specifications contained herein this Invitation for Bid

(IFB).

It is anticipated that the contract start date will begin approximately on July 1, 2026. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement February 17, 2026

Bids Due March 5, 2026 at 2:00 pm PST

Public Bid Opening March 10, 2026 at 9:00 am PST

Contract Start Date July 1, 2026

III. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; Executive Order N-6-22 – Russia Sanctions:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

V. DVBE REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled

Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

VIII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

All Certified Shorthand Reporters, employed by the Bidder, must possess a valid license from the State of California Court Reporters Board (CRB) to practice, as defined under Business & Professions Code § 8017.

IX. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst McKinley Carlisle, mcarlisle@cde.ca.gov, (916) 445-6826. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The

CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact McKinley Carlisle, mcarlisle@cde.ca.gov, (916) 445-6826.

X. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

XI. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – Certified Shorthand Reporter Services – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: McKinley Carlisle –CN260028– IFB 1430 N Street, Suite 2213 Sacramento, CA 95814 SEALED BID – Certified Shorthand Reporter Services – DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Thursday, March 5, 2026 at 2:00 pm PST.

The bids will be publicly opened and read on Tuesday, March 10, 2026 at 9:00 am PST at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2212, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – McKinley Carlisle – CN260028, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the CDE Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XII. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article XI. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Combined Total.

C. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article II. Certificate of Insurance and Article III, Workers’ Compensation Requirements:

1. Commercial General Liability, AND

2. Automobile Liability

3. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article II.

Certificate of Insurance Requirements) will be required as a condition of contract award.

D. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

E. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

F. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

G. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

H. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

I. Attachment 6 – Bidder Certification

The Bidder Certification must be fully completed and dated with an original signature.

Bidders must demonstrate responsibility and the capability to professionally carry out the terms of this contract through the bidder certification.

J. Attachment 8 – Iran Contracting Act Certification

The Iran Contracting Act Certification form must be fully completed, signed and dated with an original signature.

K. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

XIII. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

The contract shall be awarded on the basis of the responsive and responsible bidder submitting the lowest average Combined Total.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Combined Total for certified shorthand reporter services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

The lowest average Combined Total will be computed by adding the Combined Total from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: travel, transportation, fuel, parking, equipment, equipment rental, taxes, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XIV. OPTION TO RENEW

The contract awarded through this IFB would expire on June 30, 2027; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (July 1, 2027 – June 30, 2028) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period July 1, 2027 – June 30, 2028. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in December 2026.

Costs for the first second-year option to renew (July 1, 2028 – June 30, 2029) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period July 1, 2028 – June 30, 2029. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in December 2027.

XV. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor shall furnish all labor, travel and per diem, materials, supplies, transportation, equipment, licenses, insurance and all other necessary overhead expenses to provide in-person and remote certified shorthand reporter (CSR) and certified legal video specialist (CLVS) services for depositions and hearings on an as needed basis for the California Department of Education (CDE), Legal Affairs, as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Lorie Adame, ladame@cde.ca.gov, (916) 319-0860 as the CDE Contract Monitor to oversee this project. Said CDE Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

III. BACKGROUND

The CDE has a staff of 19 attorneys who represent the CDE, the State Superintendent of Public Instruction and the State Board of Education and its members, in all litigation in federal and state courts. The CDE must contract with a court reporting firm in order to take depositions of clients involved in the Department’s litigation. The transcripts are needed in order to assist the Department’s attorneys in preparing or responding to pleadings. CSRs and CLVSs may be required for depositions, as well as transcription services and video recording services may be required.

IV. LOCATION AND HOURS

Services shall be provided throughout the State of California, Monday through Friday, between the hours of 8:00 a.m. to 5:30 p.m. Pacific Standard Time, excluding State observed holidays, unless mutually agreed upon by both parties. Occasionally services may be required outside of the service hours stated above, which will be considered overtime.

V. MINIMUM QUALIFICATIONS

Certified Shorthand Reporters in the State of California (§ 8017, Business & Professions Code) must possess a valid license issued by the Court Reporters Board of California (CRB). All Contractor’s Certified Shorthand Reporters to be used in fulfillment of this contract must be licensed. The CDE Contract Monitor may request copies of licenses at any time during the contract period.

CSRs shall transcribe verbatim spoken word into written form to produce certified transcripts of depositions, arbitrations, and mediations, court hearings or trials, and official proceedings. They must have excellent command of the language being spoken, be attentive to detail, and have the ability to focus for long periods at a time.

CLVSs shall be knowledgeable in all facets of videotaping of legal proceedings and competent in the capture, utilization, and retention of legal videos. Legal videographers shall work alongside court reporters at official proceedings to capture those proceedings on video and ensure the integrity of both the videotaped legal proceedings and the utilization of the electronically recorded media. Legal Video Specialist services may include video recording, videoconferencing, web streaming, and associated services of trials, depositions, and/or hearings as requested by CDE.

VI. CONTRACTOR’S RESPONSIBILTIES

A. Minimum Transcript Preparation Criteria

The Contractor shall prepare transcripts in accordance with the following criteria pursuant to Division 24 of Title 16 of the California Code of Regulations, unless otherwise directed by the CDE. Electronic copies, described below, shall be prepared so that if printed to paper, they shall satisfy the following specifications:

1. A minimum of 25 text lines per page

2. Five (5) space indent, including Exhibit listings

3. One and a half inch margins (1-1/2) (a minimum of 56 character spaces per line, time-stamping no fewer than 52).

4. Exhibits shall be maintained by the CDE and originals will not be released to the reporter.

5. The Title Page shall contain the case caption, case number, type of proceeding, date, location of proceeding, CSR’s name and CSR number.

6. The Appearance Page shall list the name of the Judge presiding, or the names of hearing panel members, name(s) of party(ies) represented, name(s) and address(es) of representative(s).

7. The Witness Index shall identify witness, type of examination (e.g., direct, cross, redirect, re-cross or rebuttal), and page number at which each witness testifies, or identify speakers and page number at which each speaker testifies.

8. The Exhibit Index shall identify documents with enumeration and description, state the page in the transcript it was introduced and the page on which it was admitted.

9. The beginning time of proceeding shall be noted at the top of the first page of text, and concluding time shall be noted on the last page after the last line of text.

B. Electronic Copies

As directed by the CDE, the Contractor shall provide electronic computer readable copies as follows:

1. The Contractor shall make available via CD-ROM, encrypted email delivery, file transfer protocol (FTP), or a secured website, computer readable copies of the official transcript in Word, WordPerfect, e/index, .pdf format, or ASCII, or as otherwise specified.

2. The files shall be readable on a computer running Microsoft Windows, or as otherwise specified.

3. The files shall contain upper/lower case text that is 100 percent equivalent (excluding line numbers) to the official transcript.

C. Critical Errors

1. The Contractor is responsible for ensuring the accuracy of all transcripts prior to delivery to the CDE. The Contractor shall have a quality assurance process which includes at a minimum, the running of spell check and editing transcripts for final review to eliminate critical errors that impact the credibility of the transcript, and to ensure that examinations, witness, and exhibit entries are thorough and accurate

2. Critical Errors are defined as follows:

a. Incorrect witness exams or exhibit entries;

b. Incorrect text (including typographical errors);

c. Missing text;

d. Incorrect use of words, names or titles;

e. Incorrect page numbering; and

f. Incorrect witness/exhibit indexes, etc., that impact the accuracy and credibility of the transcript.

g. This definition does not include differing styles of punctuation and capitalization that do not impact the credibility of the transcript. If a type of error is found that is not described above, the CDE shall determine whether the error is critical or non-critical.

3. The CDE shall review transcript in a timely manner (within 24 hours or any other mutually agreeable timeframe) so as not to negatively impact the Reporters or Transcribers production of a final transcript.

4. Unless otherwise indicated, all transcripts shall be delivered to the CDE via encrypted email, secure FTP or website for review. If the CDE has requested to review the transcript, the CDE will return it to the Contractor to make any necessary corrections, at the Contractor’s expense.

5. If the CDE determines that a transcript is deficient, the Contractor will be required to provide the CDE a corrected transcript within five (5) calendar days from the CDE’s notification of deficiency at no additional cost. If the Contractor exceeds the five (5) calendar day turnaround time on corrected transcript, a Late Transcript Penalty may be assessed.

6. Late transcripts shall be assessed a penalty equal to ten percent (10%) of the transcript value per day for each day late, starting the first day after the original due date. The penalty shall be reflected on the invoice submitted to the CDE or the late transcript fee may be subtracted from the invoice by the CDE.

Alternatively, if it is not included in the Contractor’s invoice, the CDE may dispute the invoice and return it to the Contractor for correction.

D. Transcript Production

1. The Contractor shall be able to receive and deliver orders for transcriptions via courier or United States Postal Service, electronically via encrypted email, using FTP, or a secure website.

2. Transcriptions shall be delivered to the CDE by the turnaround time requested in the CDE’s order (i.e., Same Day, 1 Working Day, 2 Working Days, 3 Working Days, 4 Working Days, 11 to 15 Working Days) from date of proceeding.

3. Transcripts shall be produced in current software programs (e.g., Word, WordPerfect, e-index and ASCII) with latest virus control software, or as specified by the CDE.

4. If a certified transcript is ordered, the CDE shall define the delivery time-frame and the format of transcript either electronic copy, CD-ROM or hardcopy certified transcripts (signed original or duplicated originals) and one (1) copy.

5. Upon specific request from the CDE, digital/electronic signature shall be an acceptable form of certification for final electronic transcripts.

6. Unless otherwise specified by the CDE, physical media sent to the Contractor for transcription shall be returned to the CDE.

7. In the event that videography services are requested, the video will be provided in an MPEG format.

VII. SERVICE REQUESTS

A. The Contractor will attend and transcribe hearings and depositions.

The CDE shall typically provide to the Contractor at least four (4) calendar days (96 hours) advance notice when requesting reporter services. The Contractor shall make every effort to supply a certified reporter for services requested. When requesting services, the CDE Contract Monitor will include the following information to be given to the Contractor, in any case:

1. Date of the deposition/hearing

2. Time

3. Location

4. Name of judge

5. Number of participants (if known)

6. Anticipated duration deposition

7. Whether or not a transcript is required (if known)

8. Whether or not videography services are required (if known)

B. CDE will pay for travel mileage only when in-person services are required. Travel mileage must be pre-approved in writing by the CDE Contract Monitor. CDE will not pay travel time to and from the hearing location.

C. The Contractor agrees that there shall be no travel time, lodging, or meal charges invoiced under this agreement.

D. Travel and appearance fees, if pre-authorized under this Agreement, shall be paid in accordance with California Department of Human Resources (CalHR) Administration Rules and Regulations, for non-represented employees. Appropriate receipts and airline itineraries shall be attached to the invoice as supporting documentation.

VIII. CANCELLATIONS

A. If a service is requested and accepted by the Contractor, then cancelled by the CDE, the following rates shall then be paid:

1. Cancellation more than 24 hours before the proceeding, excluding weekends and State recognized holidays = no charges.

2. Cancellation less than 24 hours before the proceeding will result in full payment of the late cancellation fee, in accordance with the rate set forth in Exhibit B.

Contractor’s Bid Forms.

IX. CONFIDENTIALITY

A. Contractors and their agents performing under the terms of this contract shall be bound to strict confidentiality pertaining to all transcripts and/or work. Any violation shall be subject to legal action and/or contract termination.

B. When the presiding officer requires parts of a transcript to be “under seal,” a separate transcript volume shall be produced and delivered in a sealed envelope.

The entire transcript will be page-numbered consecutively, but the “under seal” pages are to be removed from the transcript and bound separately.

X. RECORD MAINTENANCE AND RETRIEVAL

A. The Contractor shall maintain the security of all shorthand notes, records, tapes, transcripts and correspondence. The Contractor shall retain all notes, regardless of medium (paper, electronic, tape, disk and/or other) for a minimum of seven (7) years after the proceeding. Storage of said records must be maintained in an environment that protects them from deterioration.

B. When storing anything “under seal” the Contractor shall keep the transcript, and corresponding shorthand notes, records, tapes or diskettes in sealed envelopes in its secured areas, not subject to view by any unauthorized person. Electronic records shall be appropriately secured from any unauthorized viewing.

C. The Contractor shall provide a transcript, upon request, at any time during the seven

(7) year period of record retention, regardless of whether the recording CSR is available. An order for a transcript can be placed via phone, U.S. mail, fax, or electronic mail.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this agreement.

Invoices shall include the Agreement Number CN260028 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education Legal Affairs II Attention: Lorie Adame 1430 N Street, Suite 5319 Sacramento, CA 95814 Email: ladame@cde.ca.gov

II. BUDGET CONTINGENCY CLAUSE (rev. 04/2025)

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of federal and/or state funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States and/or California Government for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions, imposed by the federal or California government that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program or the federal or state executive branch does not disburse sufficient funds, this Agreement shall be amended to reflect any reduction in funds actually received by CDE.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds that the CDE actually receives.

III. PAYMENT

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

IV. TRAVEL

All travel costs shall be reimbursed at rates not to exceed those established for CDE’s nonrepresented employees, computed in accordance with and allowable pursuant to applicable California Department of Human Resources regulations.

V. DVBE PARTICIPATION WITHHOLD (1/1/2022)

In accordance with the requirements set forth in the Military and Veterans Code (MVC), Section 999.7, the State shall withhold from the final payment amount to the Contractor, $10,000.00, or the full final payment if less than $10,000.00, until the prime Contractor complies with the certification requirements of MVC 999.5(d) by submitting to the State a completed an accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) form and proof of payment to DVBE(s). Such retained amount shall be held by the State and shall be released pending receipt of a complete and accurate STD. 817 and proof of payment to the DVBE(s). If the Std. 817 form is late or incomplete, the State will allow the Contractor to cure within 30 days to meet the certification requirements. If the Contractor does not comply by the given deadline, the withheld amount will be permanently deducted. (See Exhibit E, Contract Requirements Related to DVBE Participation Compliance)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

Certified Shorthand Reporter Services – CN260028

Contract Period: July 1, 2026 – June 30, 2027

The undersigned Contractor hereby proposes to furnish all travel, transportation, fuel, parking, equipment, equipment rental, materials, supplies, taxes, licenses, insurance and/or any other overhead expenses necessary to perform all the work required for certified shorthand reporter services in accordance with the terms and conditions contained herein:

Transcript Services Rate

Electronic Transcript Base Rate (per page) $__________/page

Printed Transcript Base Rate (per page) $__________/page

Expert Witness Rate (per page) $__________/page

Arbitration/Trial/Court Hearing (per page) $__________/page

Black and White Exhibits (per page) $__________/page

Color Exhibits (per page) $__________/page

Hourly or Appearance Charges Rate

Appearance Charge for non-court proceedings (per hour)

$__________/hour

Waiting Time (per hour) $__________/hour

Before/After Business Hours (per hour) $__________/hour

Court Proceedings Rate

Hearing/Deposition Appearance (half day) $__________/half day

Hearing/Deposition Appearance (full day) $___________/full day

When Proceeding is Cancelled Rate

Appearance Fee (per proceeding) $__________/proceeding

Appearance Fee with Affidavit (per deponent) $___________/deponent

Late Cancellation Fee (per proceeding) $__________/proceeding

Realtime/Rough Rate

Realtime (per hour) $__________/hour

Rough Draft (per page) $__________/page

Remote Video Depositions Rate

Setup/Admin Fee (per deposition) $__________/deposition

Expedites Rate

Expedited Transcript Delivery (flat fee) $___________

Same Day Reporter Coverage (flat fee) $___________

Video Recordings Rate

Hourly Rate $___________/hour

Setup (Flat Fee) $___________

Overtime Hourly Rate (before 8:00 am PST and after 5:30 pm PST)

$___________/hour

Video Format Options Rate

Add synchronized subtitles (per hour) $__________/hour

Expedited Rush Rate (Same day or next day turn-around) (flat fee)

COMBINED TOTAL* $__________________

*Combined Total is for bidding purposes only.

Notes:

1. The page rate of a deposition is determined by the type of witness rather than the type of case.

2. Realtime rates are in addition to, not in place of, any transcript fees. Any party receiving

Realtime through connecting to the reporter’s computer, as a rough ASCII, or live Deposition, will be billed for a transcript in addition to Realtime fees. When both RT and RD are ordered, both charges apply.

3. Transcripts for court proceedings are prepared only upon request. Transcripts are not formatted for Court of Appeal purposes. Contractor’s Court Reporters are not responsible for the preparation of transcripts for the Court of Appeal.

4. Matters scheduled before the lunch break but completed after the lunch break will be charged a full day appearance regardless of the number of hours a reporter was on the record.

5. Appearance rates are calculated from the time a reporter is scheduled to appear, not from the time the reporter actually goes on the record. Full day is over 4 hours.

6. Page rates comply with Government Code §§ 69950, 69951 and CCP 269(b).

7. There shall be no separate charge for postage and handling fees, except when CDE requires a transcript to be shipped via overnight mail.

8. There shall be no separate charge for notary fees.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: McKinley Carlisle, by email at mcarlisle@cde.ca.gov or by phone at (916) 445-6826.

EXHIBIT B.2 – CONTRACTOR’S BID FORM

Certified Shorthand Reporter Services – CN260028

OPTION TO RENEW: Contract Period: July 1, 2027 – June 30, 2028

The undersigned Contractor hereby proposes to furnish all travel, transportation, fuel, parking, equipment, equipment rental, materials, supplies, taxes, licenses, insurance and/or any other overhead expenses necessary to perform all the work required for certified shorthand reporter services in accordance with the terms and conditions contained herein:

Transcript Services Rate

Electronic Transcript Base Rate (per page) $__________/page

Printed Transcript Base Rate (per page) $__________/page

Expert Witness Rate (per page) $__________/page

Arbitration/Trial/Court Hearing (per page) $__________/page

Black and White Exhibits (per page) $__________/page

Color Exhibits (per page) $__________/page

Hourly or Appearance Charges Rate

Appearance Charge for non-court proceedings (per hour)

$__________/hour

Waiting Time (per hour) $__________/hour

Before/After Business Hours (per hour) $__________/hour

Court Proceedings Rate

Hearing/Deposition Appearance (half day) $__________/half day

Hearing/Deposition Appearance (full day) $___________/full day

When Proceeding is Cancelled Rate

Appearance Fee (per proceeding) $__________/proceeding

Appearance Fee with Affidavit (per deponent) $___________/deponent

Late Cancellation Fee (per proceeding) $__________/proceeding

Realtime/Rough Rate

Realtime (per hour) $__________/hour

Rough Draft (per page) $__________/page

Remote Video Depositions Rate

Setup/Admin Fee (per deposition) $__________/deposition

Expedites Rate

Hourly Rate $___________/hour

Setup (Flat Fee) $___________

Overtime Hourly Rate (before 8:00 am PST and after 5:30 pm PST)

$___________/hour

Video Format Options Rate

Add synchronized subtitles (per hour) $__________/hour

Expedited Rush Rate (Same day or next day turn-around) (flat fee)

COMBINED TOTAL* $__________________

*Combined Total is for bidding purposes only.

Notes:

1. The page rate of a deposition is determined by the type of witness rather…