Steno RFQ Question Responses 1-19-2024.docx

FTC Stenography Solicitation Question Responses Jan 19, 2024

NOTE: The time for receipt of quotes in response to this solicitation has been extended to 4:00 PM EST January 29, 2024. This extension also applies to the receipt of past performance questionnaires. However, responses to any further questions will not be made.

Question 1: Are the FTC proceedings litigation matters (or other matters) that would include copies of transcripts being sold to opposing parties? In our industry, pricing is dictated by the number of copies being sold, and we wanted to understand if the proceedings would include copies that are being sold to other parties as well.

FTC proceedings are in preparation for upcoming and current litigation. Occasionally, after the FTC receives transcripts and other deliverables, other parties request a transcript. Once notified the FTC may approve the sale request. We also hold part 3 administrative adjudicative proceedings wherein transcript copies would certainly be sold to other parties.

Question 2: When are the references due? There are two different dates noted in the paperwork provided and we want to make sure we comply with the correct date.

References are due at the same time the quote is due. This has been changed to be 4:00 PM EST January 29, 2024.

Question 3: Would it be possible to let us know, on a very rough percentage basis, how much of the work is international? And how much in Washington DC and in the U.S. but outside DC?

On a very rough percentage basis, %5 is international, %70 within DC and %25 outside of DC.

Question 4: Are you looking for a single, exclusive vendor to handle everything for the FTC?

We are looking for a single, exclusive vendor. However, we are open to maximizing flexibility with multiple awards. This is a determination that will be made during the evaluation of quotes.

Question 5: For the demo portion, is it possible for us to provide our demo via Zoom? Our industry-leading LegalView remote deposition platform (which is used by various DOJ divisions) is powered by Zoom (with our own patented security overlays to make it hyper-secure). In order for us to provide the demo of LegalView, it would be best presented if we can utilize our LegalView/Zoom-based platform.

The FTC will work out details for the demonstration with each offeror separately. A modified Zoom presentation will be allowable if it meets both security and functionality requirements.

Question 6: Is there an alternative to FedRamp for this contract? Would SOC II suffice?

SOC II will suffice as a third party assessment as long as all the controls in the IT System Security Plan are evaluated. A risk assessment would still have to be performed. Based on the assessment an authority to operate would be issued or denied.

Question 7: What does the transcription from audio portion represent, in terms of annual billing, on average?

Roughly 5%.

Question 8: How much is the Realtime work worth per year?

Roughly 70%.

Question 9: What are the anticipated total number of jobs annually for remote? For Realtime? For in-person? For transcription from audio?

Roughly 80%, 70%, 20%, and 5%.

Question 10: For Realtime work, how many hookups are estimated per job?

One.

Question 11: How much of the in-person work is in DC area?

Roughly 70% of the in-person work is in the DC area … and roughly 30% of the in-person work is outside of the DC area.

Question 12: Why was this requirement reposted?

The original solicitation posting was not widely seen by industry. In order to promote adequate competition, it was reposted.

Question 13: What are the changes made to the requirements from the prior solicitation?

There are no changes to the PWS requirements, nor to anything of note in the solicitation itself.

Question 14: How many awards does FTC contemplate making?

It is anticipated that a single award will be made.

Question 15: Please confirm that a successful vendor will need to submit initially and then annually “a third-party independent audit report” to FTC? (Section 2.2, ii, E.)

Confirmed.

Question 16: Approximately how long does it take for a vendor to receive an “Authority to Operate (ATO)” from the Agency?

Depending on the security controls implemented upon award it could take weeks to months.

Question 17: What is the estimated volume of work at locations outside CONUS?

Less than 5%.

Question 18: What specifically will the Agency want to see during the “real time, live demonstration” that is part of the submission process?

The platform’s functionality.

Question 19: What percentage of the court reporting requires real-time services?

Roughly 70%.

Question 20: How often does FTC require the vendor to provide videoconferencing services (providing video cameras, screens, bridge, etc.)?

Roughly 50%.

Question 21: Can a vendor bid on only certain requirements (e.g. “In Person Stenographic Services – Metropolitan Washington DC Area”, etc.)?

We are looking for a single, exclusive vendor. However, we are open to maximizing flexibility with multiple awards. This is a determination that will be made during the evaluation of quotes.

Question 22: Are there requirements on the solicitation which require a lower level of security? If so, what are they?

No.

Question 23: Section 1152.244-90(e)(6) of Attachment 9.4 of the Request for Quote requires that the Contractor obtain the FTC’s prior approval when using subcontractors. However, the court reporting industry and the interpretation profession for the past fifty years relies almost exclusively on the use of licensed or certified independent contractor court reporters and interpreters. This industry standard, and the often-short notice for scheduling depositions, makes it nearly impossible to obtain the FTC’s prior written approval for the use of every court reporter or interpreter. Would the FTC agree to an exception to that approval requirement when the Contractor uses licensed or certified independent contractor court reporters and interpreters?

The FTC will agree to an exception to this approval requirement when the Contractor uses licensed or certified independent contractor court reporters and interpreters.

Question 24: How much of the anticipated work will require security clearance? As we are not currently a cleared facility, would we be able to subcontract that work to a cleared facility vendor if needed?

Although a possibility, the need for a security clearance and a cleared facility is extremely low. If this situation arose the details will be worked out at that time.

Question 25: Industry accuracy standards are currently in the 96-99% range (not 100%). What are the penalties if 100% accuracy is not met?

Accuracy in the 96% - 99% range is acceptable. If accuracy falls below the industry accuracy standard of 96%, there will be a 10% discount applied to the order.

Question 26: What if the Contractor cannot cover a request? What are the penalties?

There will be no penalty for an individual coverage failure, but failure to cover more than .5% of annualized service needs may lead to renegotiation or may lead the FTC to terminate the contract.

Question 27: Because of quality control requirements, can domestic pricing estimates submitted before 3 pm ET be provided same day (not necessarily within two hours), but if submitted after 3 pm will be next day?

This is possible.

Question 28: Because international locations often take days to respond to requests, will a Contractor be able to extend the 48-hour deadline for estimates for international deposition requests? Also, given the requirements of security and background checks for international work, will a Contractor be able to extend the five day or less timeframe?

This is possible.

Question 29: Because pricing often varies depending on geographic location, may we provide a range for national and international pricing?

Yes, this is acceptable. If you quote geographic specific rates, please be sure to annotate the region to which they apply. For evaluation purposes these rates will be applied according to the percentages noted in Question 44 below.

Question 30: Will any of the anticipated work require a SCIF facility to be provided by the Contractor?

Although a possibility, the need for a SCIF is extremely low. If this situation arose the details would be worked out at that time.

Question 31: In Section 2.0 of Attachment 9-1, is the FTC requesting the ability to disapprove Contractor personnel for the engagement and require a replacement of same?

Yes.

Question 32: Section 6.1.2 of the RFQ “Technical Ability” (page 18) references FEDRAMP certification. Can you confirm that FEDRAMP certification is not required?

FedRAMP is not required. However, system usage can not begin until a risk assessment of required controls is completed and an authority to operate is issued.

Question 33: In Attachment 9-4, Section 1152.224-90 “Special Protections for Sensitive Information – Experts and Consultants”, subsection (b) states the following: “Contractor is required to follow the FTC policies and procedures incorporated by reference in this provision or attached to this contract for the protection of Sensitive Information, and any superseding or supplemental policies and procedures that may be subsequently incorporated into the contract or attached hereto.” May we have a complete list of these policies to ensure review and compliance?

This will be provided to the awardee upon contract award.

Question 34: 6.1.2(1) – Technical Ability: The written submission shall, at a minimum, address the following: 1) FEDRAMP certification. If Offeror is not itself an online service provider (OSP) but uses FedRAMP certified OSPs as part of its remote deposition platform, does submission of PDFs of the OSP’s FedRAMP certifications (FR Certs) noted on their website meet the requirement?

FedRAMP certifications listed on the FedRAMP site can be leveraged as part of the overall authority to operate.

Question 35: 6.1.2(1) – Technical Ability: The written submission shall, at a minimum, address the following: 1) FEDRAMP certification. If providing the FR Certs does is not sufficient as described in the above question, what FedRAMP or other security certifications or information does the Offeror need to provide to meet the requirement?

The implementation at the contractor’s site of all the moderate level controls specified in the current version of NIST 800-53 are documented and a third party audit showing the current implementation status of the documented controls. Develop a Risk Assessment based on the results of the third party audit mentioned previously. If supported by the results of the risk assessment the FTC will provide an authority to operate.

Question 36: 6.1.4.2 – Past Experience Questionnaire: The offeror shall provide Attachment 9.2, Past Performance Questionnaire to point-of contacts for past experience references. The questionnaire shall be completed by the point of-contact and provided directly back to Jose Jaldin, Contract at jjaldin@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov via email no later than January 19, 2024 12:00 PM (ET). & Attachment 9.2 Past Performance Questionnaire: Please return this completed questionnaire directly to Jose Jaldin at jjaldin@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov no later than 4:00 PM (ET) on January 4, 2024. Are the Past Experience Questionnaire and Past Performance Questionnaire the same thing?

Yes, these are the same thing.

Question 37: The pricing schedule allows for Metro DC rates, Outside of DC rates and International Rates. Certain markets in the US are experiencing a Court Reporter shortage and have significantly higher rates than other markets with varying fees. Would you consider geographically specific rates?

Yes, this is acceptable. If you quote geographic specific rates, please be sure to annotate the region to which they apply. For evaluation purposes these rates will be applied according to the percentages noted in Question 44 below.

Question 38: Attachment 9-2 Past Performance Questionnaire states that it is due “no later than 4:00 PM (ET) on January 4, 2024” but the RFQ states the same are due “no later than January 19, 2024 12:00 PM (ET)”. Which is correct?

The past performance questionnaires are due at the same time the quotes are due. This has been changed to be 4:00 PM EST on January 29, 2024.

Question 39: Section K of the RFP mentions clearances. Are we talking about security clearances potentially beyond “Public Trust”?

Public Trust is sufficient.

Question 40: Under Section L, xviii, B. “If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the FTC component responsible for maintaining the security, confidentiality, integrity, and availability of the FTC Information under the contract.” What do you envision the process of receiving an ATO to look like?

The implementation at the contractor’s site of all the moderate level controls specified in the current version of NIST 800-53 are documented and a third party audit showing the current implementation status of the documented controls. Develop a Risk Assessment based on the results of the third party audit mentioned previously. If supported by the results of the risk assessment the FTC will provide an authority to operate.

Question 41: Under Section L xi “xi) The use of Contractor-owned laptops or other portable digital or electronic media to process or store FTC Information covered by this clause is prohibited until Contractor provides a letter to the FTC CO or COR, and obtains the CO or COR’s approval, certifying compliance with the following requirements A. Media must be encrypted using a NIST FIPS 140-2 approved product” Are you intending to say that all Stenographers, including subcontractors, computers and steno machines used to work on any FTC proceedings are independently required to be encrypted to NIST FIPS 140-2?

If not protected by FIPS level encryption, must specify how FTC information on computers will be secured.

Question 42: Are you only looking for 2 key personnel, a Project Lead and an Information System Security Officer (ISSO)?

Question 43: Under “6.1.2 – Technical Ability The written submission shall, at a minimum, address the following:

1) FEDRAMP certification” If there is not a FedRAMP certified component being used for the solution such as a virtual deposition platform or web based RealTime transcript platform, how should that best be addressed? And how will it be evaluated for an ATO?

The implementation at the contractors site of all the moderate level controls specified in the current version of NIST 800-53 are documented and a third party audit showing the current implementation status of the documented controls. Develop a Risk Assessment based on the results of the third party audit mentioned previously. If supported by the results of the risk assessment the FTC will provide an authority to operate.

Question 44: What percentage of proceedings have historically been held at each of the following FTC offices:

Cleveland, OH – Approximately 4% Chicago, IL– Approximately 5% Washington, DC (2 locations) – Approximately 70% Los Angeles, CA – Approximately 5% San Francisco, CA– Approximately 5% Atlanta, GA– Approximately 5% New York City, NY– Approximately 5%

Note: For evaluation purposes the percentages noted above will be used. A factor of 1% will be used for all international locations combined.

Question 45: What percentage of proceedings have historically been held in U.S. Territories, and which U.S. Territories were they held?

Historically it has been very rare for proceeding to be held in any U.S. Territory.

Question 46: What percentage of proceedings have historically been held internationally, and in which cities/countries?

This is very rare. Examples for previous proceedings are London, England and Taipei, Taiwan.

Question 47: Do all Class Matters (A, B, C) require stenographic reporting?

Question 48: Is electronic or digital reporting allowed?

Besides transcription, video is allowed if requested by staff.

Question 49: For remote proceedings, is the contractor responsible for providing personnel (other than the reporter) for exhibit management, sharing, highlighting, marking up, sharing exhibits?

Yes, preferably within the exhibit sharing platform.

Question 50: What platform is the current vendor using for linking and sharing exhibits across witnesses, including directing the witness to specific pages, highlighting, and marking up documents?

The exhibit sharing platform is not information which will be shared at this time.

Question 51: Who is the current vendor?

This information will be shared with the eventual awardee.

Question 52: What was the aggregate award for the most current contract?

A rough estimated value for the award is $1.1M per year. This is a rough estimate and is subject to change.

Question 53: The pricing sheet lists “In Person Stenographic Services.” Does this one line item cover all types of proceedings detailed in SOW “public and nonpublic meetings, hearings, depositions, trials and arbitrations, conferences and workshops, Equal Employment Opportunity (EEO) statements, and other proceedings”?

Question 54: Can quoters add additional line items and pricing for *each* of the following proceeding types: depositions, meetings, hearings, trials, arbitrations, workshops, EEO statements?

Question 55: Can quoters detail out additional pricing for each of the Types of Service Requests listed in the PWS Section 1.4 (1.4.1 through 1.4.6)?

Question 56: Historically how many pages per year have there been for each of the following: depositions; EEO hearings; arbitrations; trials; public meetings?

78,000.

Question 57: Historically how many pages per year have there been requesting Real-Time reporting?

260.

Question 58: Historically, how many pages have there been of Transcription Services (1.4.1) per year?

78,000