RFP ACT 4th Amended RFP Jan 2023 Ref BD-17-1107-1107T-SUP01-11433.doc

Commonwealth of Massachusetts

Office of Court Management

REQUEST FOR PROVIDERS (RFP) FOR

APPROVED COURT TRANSCRIBERS

THIRD AMENDED RFP, January 20th , 2022 (changes in red) FOURTH AMENDED RFP, January 20th , 2023 (changes in blue) Purchasing Entity:

The Office of Court Management

Address:

Two Center Plaza

Suite 540

Boston, MA 02108

Telephone:

(617) 742-8575

RFP File Name/Title:

RFP Manager:

Sybil A. Martin, Ph.D., Director of Language Access and Court Records

RFP Summary:

The Office of Court Management (OCM or Trial Court) of the Massachusetts Trial Court, through its Office of Transcription Services (OTS), is seeking applicants to join the approved list of court transcribers that will transcribe recorded Trial Court proceedings upon the request of attorneys, parties, the courts, court personnel, other court users and members of the public.

Official Publication Solicitation and Related Documents:

The Commonwealth’s sole official online procurement record site is “COMMBUYS”, http://www.commbuys.com. All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS website. Hardcopy communications from the OCM to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the OCM. APPLICATIONS MUST BE SUBMITTED THROUGH THE COMMBUYS WEBSITE (INSTRUCTIONS INCLUDED IN THIS RFP)

***BID SUBMISSION DEADLINE***

February 27, 2017 @ 3:00 p.m. (EST)

Commonwealth of Massachusetts

Office of Court Management

REQUEST FOR PROVIDERS (RFP) FOR

RFP TABLE OF CONTENTS:

Summary Sheet

Section 1.0 General Summary

Section 2.0 Procuring Entity

Section 3.0 Purpose & Scope

Section 4.0 Transcript Requests from Public & Trial Court

Section 5.0 Vendors: Individuals & Firms

Section 6.0 Anticipated Duration of the List

Section 7.0 Procurement Timetable

Section 8.0 Procurement Process

Section 9.0 Mandatory RFP Documents

Section 10.0 RFP Response Requirements

Section 11.0 Minimum Qualifications

Section 12.0 Equipment & Maintenance Standards

Section 13.0 Transcript Time Standards

Section 14.0 Transcript Format & Performance Standards

Section 15.0 Transcript Rates

Section 16.0 Miscellaneous Information for ACTs

Section 17.0 Sample Mandatory Contract Documents

Section 18.0 Contract Structure

Section 19.0 General RFP Terms

Section 20.0 Miscellaneous Contract Standards

Section 21.0 COMMBUYS Procurement Website Instructions

Attachments

Attachment A.

Application for Approved Court Transcribers

Attachment B.

Equipment Certification Form

Attachment C.

Format Designation Form

Attachment D.

Vendor’s Certification

Attachment E.

Provider’s Compliance Agreement

Attachment F.

Consent to Criminal Record Check Form

Attachment G.

Commonwealth’s Terms and Conditions Form

Attachment H G. F.

Sample Mandatory Contract Documents Final Checklist

SECTION 1.0

GENERAL SUMMARY

The Office of Court Management (OCM) of the Massachusetts Trial Court, through its Office of Transcription Services (OTS), is seeking applicants to join the approved list of court transcribers (the List) that will transcribe recorded Trial Court proceedings upon the request of attorneys, parties, the courts, court personnel, other court users, and members of the public.

SECTION 2.0

PROCURING ENTITY – OCM / OTS

A.) This RFP is issued by the OCM, which is the central administrative office for the Trial Court of the Judicial Branch of the Commonwealth of Massachusetts.

B.) This RFP is issued under laws, rules, procedures and practices applicable to the Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 CMR 21.00 et seq., which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor selection and contract negotiation phases of this procurement process.

C.) The Judicial Branch of the Commonwealth of Massachusetts is comprised of three separate court systems - the Supreme Judicial Court, the Appeals Court, and the Trial Court. The Supreme Judicial Court is the Commonwealth's highest appellate court and is responsible for the general superintendence of the judiciary and of the bar, makes or approves rules for the operations of all the courts and, in certain instances, provides advisory opinions, upon request, to the Governor and Legislature on various legal issues.

D.) The Massachusetts Trial Court was consolidated into a statewide court system by Chapter 478 of the Acts of 1978. The Massachusetts Trial Court is now comprised of the central administrative office (consisting of the Executive Office of the Trial Court, the OCM and the Office of the Chief Justice of the Trial Court [“OCJTC”]), seven departments (Boston Municipal Court, District Court, Probate and Family Court, Juvenile Court, Housing Court, Land Court and Superior Court), the Office of the Jury Commissioner, and the Office of the Commissioner of Probation.

E.) Recent court reorganization legislation (Chapter 93 of the Acts of 2011) created the position of a Court Administrator (“CA”) who, in conjunction with the renamed position of CJTC, shares management duties. The CA is primarily responsible for court administration and the CJTC is primarily responsible for judicial administration. Together, the CA and CJTC manage and administer the Trial Court of Massachusetts and also have direct supervisory authority over the Office of the Commissioner of Probation and the Office of the Jury Commissioner. The CA is also the statutory employer of the approximately 6,400 employees of the Trial Court who work in over 100 locations across Massachusetts.

F.) The Office of Court Management (OCM), through its Office of

Transcription Services (OTS) Department, currently provides official transcripts of electronically recorded court proceedings of criminal and civil matters for all Court Departments. All proceedings from these courts are either recorded electronically or by a court reporter or both. Transcripts (and portions thereof) created by approved court transcribers are official court records that are used in a variety of trial court proceedings and in appellate cases. As part of its duties and responsibilities in providing official transcripts, the OTS oversees and manages transcription services. Per the Uniform Transcript Format of 2008, all transcripts produced for Massachusetts state courts, whether by official court reporters, per diem court reporters, or approved court transcribers shall be in accordance with Administrative Directive #1-08, unless otherwise ordered by the court.

SECTION 3.0

PURPOSE AND SCOPE

A.) The purpose of this RFP is to procure Approved Court Transcribers for the

Trial Court (hereinafter referred to as the “the Approved Court Transcriber List”). Any person or firm (both are hereinafter referred to as the “vendor”) wishing to be included on the approved Trial Court transcriber list must submit his or her response as requested herein.

B.) Once the new “List of Approved Court Transcribers” is procured, the Trial Court will discontinue use of its current List of Approved Court Transcribers which will be deactivated and terminated.

C.) ***Every individual or firm currently on the Trial Court’s List of

Approved Court Transcribers and every new person or firm wishing to join the list must submit an application in response to this RFP***. As of the Fourth Amendment (January 2023), any individual or firm CURRENTLY on the Trial Court’s List of Approved Court Transcribers DO NOT have to apply to this RFP; renewal documents will be sent to individuals or firms currently on the Trial Court’s List of Approved Court Transcribers.

SECTION 4.0

TRANSCRIPT REQUESTS FROM PUBLIC & TRIAL COURT

A.) Transcripts will be ordered according to the updated Trial Court protocol.

SECTION 5.0

VENDORS: INDIVIDUALS & FIRMS

A.) For the purposes of this RFP, a Vendor shall be a sole practitioner/individual or a firm. A firm vendor may utilize or employ individuals under the following terms as “Provider Parties”:

i.)

Contract Employee ii.) Employee iii.) Partner/ Proprietor iv.) Subcontractor v.) Work-for-Hire

B.) All of the preceding positions listed in section 5.0, para A, sub.para i.-v., are regarded as Provider Parties under the terms of this RFP.

C.) A Vendor Firm shall be defined as any business entity, other than an independent individual transcriber, which utilizes or employs one or more individuals as provider parties to perform transcription services within the scope of this RFP.

D.) The list of approved court transcribers will not be capped or restricted to a maximum number of vendors. The list will consist of all applicants that meet all requirements of this RFP, including the execution of all required contract documents detailed elsewhere in this RFP.

E.) All vendors, regardless of whether they are sole practitioners/individuals or firms are fully responsible for the performance of transcription services they provide under the terms of this RFP and must adhere to the highest standards of performance inclusive of transcription quality and timeliness, delivery and format, and administrative and accounting function.

SECTION 6.0

ANTICIPATED DURATION OF THE LIST

A.)

Initial Term. The total anticipated duration of the list of approved court transcribers arising from this RFP is for a two (2) year original term.

A.) Renewal Options. The contract will also have eight (8) additional optional renewal periods of up to one (1) year each. The optional renewal periods will be activated and exercised at the sole discretion of the OCM. Any optional renewal periods shall be activated by written correspondence sent by the OCM to the provider parties, informing them that the OCM is exercising the option to renew the contract for the time frame stated in the correspondence. As part of any possible renewal, the vendor agrees to complete and execute any additional documents necessary for the renewed agreement.

B.) Total Maximum Contract Duration. The total maximum contract duration for this RFP, inclusive of possible renewal options, is ten (10) years.

C.) Annual Applications. OCM will accept applications each successive year of the contract. The application deadline will be February 27 of each year, unless that date falls on a weekend, and in that instance, the deadline will be the Monday after the weekend. All requirements and processes included in this RFP will apply to all subsequent applications. Any applicant who is added to the approved transcriber list subsequent to the creation of the original list on June 30, 2017, pursuant to the RFP, may remain on the list only through the total maximum contract duration applicable to the original RFP. As of the Fourth Amendment (January 2023) any individual or firm CURRENTLY on the Trial Court’s List of Approved Court Transcribers DO NOT have to apply to this RFP; renewal documents will be sent to individuals or firms currently on the Trial Court’s List of Approved Court Transcribers.

D). Mid-Term Applications. In its sole discretion, the OCM may conduct a second open enrollment period such that the OCM may accept applications twice per calendar year. There is no guarantee the OCM will have more than one (1) open enrollment period per calendar year. Applications submitted during any mid-term open enrollment period that adhere to the terms of the Approved Court Transcriber procurement process will be added to the list of approved court transcribers on, or around, the first business day in January. Mid-term applicants added to the list of approved court transcribers will execute a contract for an initial contract term of one year and a half year (1.5). At the conclusion of the initial term, mid-term applicants will be subject to the same Renewal Option, Total Maximum Contract Duration, and all other requirements and processes set forth in this RFP. Mid-term applicants are subject to the same terms and conditions as applicants who apply during the annual open enrollment period.

The following estimated deadlines will apply to future applications:

February 27- Application Due Date -Application Submission Deadline is 3:00 p.m.

(EST)

March 27 - Sample Courtroom Audio Recordings Distributed to Qualified Vendors for Sample Transcripts

April 10 - Deadline for Submission of Sample Transcripts is 3:00 p.m. (EST)

June 5 - Additional Vendors Selected (Estimated)

June 30 - Additional Transcribers added to List of Approved Court

Transcribers

E. Opting Out. Approved vendor parties selected for inclusion on the List through this RFP, may opt out of the List at any time by sending a signed notice of withdrawal from the List to the OCM by email at OTS@jud.state.ma.us or by mail to:

Office of Transcription Services

Language Access and Court Records Department

2 Center Plaza, 9th Floor

Boston, MA 02129

Pending transcript assignments must be completed prior to withdrawal from the List.

SECTION 7.0

PROCUREMENT TIMETABLE*

The following schedule of events for this RFP identifies the key events and deadlines for this process, some of which are set forth in more detail in the sections that follow:

DATE

EVENT

December 12, 2016

Request for Providers (RFP) Issued

January 2, 2017

Deadline for Submission of Vendor Questions

January 30, 2017

OCM Response Date to Vendor Questions (Estimated)

February 27, 2017

Application Due Date Application Submission Deadline is 3:00 p.m. (EST)

March 27, 2017 Sample Courtroom Audio Recordings Distributed to Qualified Vendors for Sample Transcripts

April 10, 2017

Deadline for Submission of Sample Transcripts is 3:00 p.m. (EST)

June 5, 2017

Vendors Selected (Estimated)

June 30, 2017

New List of Approved Court Transcribers Active

***Prior List of Approved Court Transcribers Terminated***

*The OCM reserves the right to amend or delay any of the dates or times reflected above, as well as any other timeframes or deadlines referenced throughout this solicitation, if such a change is in the best interests of the OCM.

SECTION 8.0

PROCUREMENT PROCESS

A.) Correspondence

All correspondence, including Vendor Inquiries and Application Submissions related to this RFP should be submitted through the Bid Q&A Tool on COMMBUYS (See Section 21.0).

B.) Vendor Questions i.) Vendors may submit questions concerning this RFP through the Bid Q&A Tool on COMMBUYS no later than the dates and times specified in the Procurement Timetable. Vendors are advised the OCM (1) restricts submission of questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone or in-person inquiries will be accepted.

ii.) The OCM will review and consolidate vendor questions received by the deadline for submission, and will provide answers for those questions deemed appropriate. Submission of a question does not guarantee a response to that question. The OCM reserves the right to provide consolidated responses to similar questions. Only properly submitted inquiries (submitted by the deadline on COMMBUYS ) will be addressed. The Answers to Vendor Questions will be made available electronically via COMMBUYS (Commonwealth Procurement and Solicitation System - http://www.commbuys.com ) to all vendors.

iii.) Communication restrictions on vendors (i.e., communications limited to vendor questions submitted through COMMBUYS) does not restrict the Trial Court’s right to request additional information, clarifications, supplemental responses, etc., during the procurement process.

C.) Review of Submitted Applications i.) The OCM will review all submitted applications to ensure compliance with all mandatory requirements of this RFP. Compliance with this RFP is contingent upon vendors adhering to the terms of this procurement process. Responses must be prepared in accordance with the provisions of this RFP. Please be sure you understand these provisions, as failure to fully comply is grounds for denial of a response. However, the Trial Court reserves the right to waive any minor informality in a response or to deny any and all responses received at any stage of the procurement process. It is the policy of the Trial Court that contracts be awarded only to responsive vendors. In order to qualify as responsive, the vendor must respond to all requirements of this RFP in a complete and thorough manner without varying the terms of this RFP.

ii.) The OCM will distribute notices of denial to those vendors whose responses are deemed by the OCM not to be in compliance with the RFP. The OCM reserves the right to proceed no further with a vendor deemed not sufficiently responsive or otherwise not conforming to the provisions of this RFP.

iii.) After the initial review have been completed by the OCM, the OTS will distribute notices of compliance only to those vendors whose responses are deemed by the OCM to be in compliance with the RFP. Vendors receiving notices of compliance from OTS will be required to submit Sample Transcripts in compliance with the Massachusetts Trial Court Uniform Transcript Format.

D.) Sample Transcript

Vendors whose applications are deemed to be in full compliance of the requirements of this RFP, will be provided sample FTR Court FM recordings of courtroom proceedings by email which vendors will transcribe in compliance with the Massachusetts Trial Court Uniform Transcript Format (Administrative Directive #1-08). The Sample PDF Transcript should be in compliance with the Uniform Transcript Format and emailed to OTS at ots@jud.state.ma.us no later than 3:00 p.m. (EST), April 10, 2017.

E.) Vendor Selection

After reviewing and evaluating the Sample Transcripts submitted by prospective vendors, the OCM will approve vendor applications that satisfy the requirements of this RFP and that meet the expectations of the OCM in regards to the timeliness and accuracy in providing transcripts and will notify those vendors of their selection to the new list of approved court transcribers. The selected vendors and the OCM will then finalize and execute all necessary contract documents (identified in Attachment H).

SECTION 9.0

MANDATORY RFP DOCUMENTS

A.) Vendors must submit fully executed originals of the following documents* and forms for their applications to be considered in compliance with this RFP:

Attachment A.

Application for Approved Court Transcribers

Attachment B.

Equipment Certification Form

Attachment C.

Format Designation Form

Attachment D.

Vendor’s Certification

Attachment E.

Provider’s Compliance Agreement

Attachment F.

Consent to Criminal Record Check Form

Attachment G.

Commonwealth’s Terms and Conditions Form

B.) Though all applications and Mandatory RFP Documents* are being submitted electronically via COMMBUYS, the OCM may request a wet-ink signature hard copy original of any document during the contracting phase with the selected vendors.

*mandatory RFP documents submitted to Commbuys, must be done as 1 (one), or a single upload.

SECTION 10.0

RFP RESPONSE REQUIREMENTS

A.)

Compliance with RFP Terms & Requirements

All applications/responses MUST be prepared in accordance with this RFP. Any application submitted with material deviations from the prescribed format, as determined by the OCM, may be considered non-responsive and excluded from further consideration or evaluation at the sole discretion of the OCM.

B.)

Signed by Authorized Official

The application must be completed, signed and dated by an official authorized to bind the applicant/vendor or, if applying individually, by the vendor. The response shall also provide the name(s), title(s), mailing address(es), email address(es), and telephone number(s) of the individual(s) with authority to negotiate and contractually bind the vendor and who may be contacted during the period of application evaluation for the purpose of submitting additional information as necessary.

C.) Customer References:

Individual Vendors

The vendor must list three (3) customer references, preferably within Massachusetts, who can be contacted with regard to the vendors’ reliability in preparing verbatim transcripts and the quality of their transcripts of court proceedings conducted within the past two (2) years, (or for a different period of time as allowed by OTS upon request of the vendor applicant).

ii.)

Name(s), title(s), mailing address(es), e-mail address(es), telephone number(s), and dates of service of customer references must be provided in the Application for Approved Court Transcribers (Attachment A). The Trial Court prefers that two (2) of the customer references be non-Trial Court entities.

Vendor Firms i.) Vendor firms must identify and indicate the qualifications and experience level of each provider party they intend to utilize for transcription services and must also provide three (3) customer references for each provider party who can be contacted in regard to the reliability and quality of the transcription services provided by each provider party within the past two (2) years.

ii.) Vendor firms must provide the name(s), title(s), mailing address(es), e-mail address(es), telephone number(s) and dates of service of customer references provided in the Application for Approved Court Transcribers (Attachment A) for provider parties. The Trial Court prefers that two (2) of the customer references be non-Trial Court entities.

iii.) If, after the award of this RFP, the provider parties for a vendor firm change, the vendor must provide the Trial Court with the reasons for the change and the same customer reference information requested in the Application for Approved Court Transcribers for the new provider party. All replacement providers must meet the requirements of and comply with all aspects of this RFP. Vendor firms are solely responsible for the performance of their provider parties.

D.) Vendor Firms: Financial Documentation, Firm Information, Good Standing

Vendor Firms shall include financial documentation they believe sufficient to establish their financial capability. The Trial Court reserves the right to request additional information to assure itself of a vendor’s financial status. In the event a vendor is either substantially or wholly owned by another entity, the proposal shall so state and shall include the most recent financial report of the parent organization, and a written guarantee by the parent organization that it will unconditionally guarantee the vendor’s performance.

ii.)

Vendors Firms shall provide the following information in their Applications:

1) Company’s legal name;

2) Company’s principal place of business or state of incorporation (if applicable);

3) Nature of legal entity of company (e.g., Incorporated, d/b/a, LLC., etc.);

4) Years in operation/existence;

5) Company’s current staffing; and

6) Office locations.

iii.)

A firm vendor must also provide documentation of its “good standing” as a legal entity (corporation, partnership, etc.) in the state or jurisdiction where it is registered as a legal entity. For example, in the Commonwealth of Massachusetts, incorporated entities are required to file annual reports with the Secretary of the Commonwealth and pay the appropriate annual fees. Those vendors in compliance with the Secretary of Commonwealth’s requirements are considered to be in ‘good standing’ and may obtain a certificate confirming their ‘good standing’ status. If vendors are not able to obtain a certificate or document of good standing, the vendor should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental or administrative entity with which it is registered (and should identify that regulatory, governmental or administrative entity).

Section 11.0

MINIMUM QUALIFICATIONS FOR TRANSCRIBERS

To qualify for inclusion in the Trial Court’s list of Approved Court Transcribers and perform transcription services for the Massachusetts Trial Court, individuals, firms, individuals and all provider parties MUST fulfill the following Minimum Qualifications:

A.) BASIC REQUIREMENTS:

i.) AGE. Vendors must be 18 years of age or older.

ii.) CRIMINAL RECORD BACKGROUND CHECK. Vendors must consent to a Criminal Record Background Check (Criminal Offender Record Information – “CORI”) to allow the Trial Court to conduct a criminal record check for each individual or provider party.

B.) EDUCATION*:

i.) Graduation from high school or its equivalent.

*Vendors must provide satisfactory evidence of the above-mentioned education requirements for each of its provider parties.

C.) EXPERIENCE REQUIREMENTS*:

i.) Proficient knowledge of Massachusetts State Court general procedures, legal terminology, and practices, working knowledge of Administrative Directive #1-08: the Uniform Transcript Format, and knowledge of various rules, orders, and statutes regarding transcript production, including but not limited to Trial Court Administrative Order 19-1:Trasnscription Procedures for Appellate Review, Trial Court Administrative Order 09-2:Time Standards for Completion of Transcriptions in Civil and Criminal Cases, and Trial Court Rule VIII: Uniform Rules on Impoundment Procedure.

ii.) Proficient understanding of court transcription and/or court reporting practices.

iii.) Proficiency in English grammar, spelling and punctuation.

iv.) A minimum typing speed of 50+ WPM (words per minute), and proficiency in word processing software to prepare official, verbatim transcripts of court proceedings from digital audio recordings. 70+ WPM preferred.

v.) A minimum of three (3) years or more of full-time professional experience in preparing official, verbatim transcripts of court proceedings from digital audio recordings.

1) Education Substitution: Two (2) years of full-time matriculation from an accredited college or university, or court transcription and/or court reporting program may be used as a substitute for no more than two (2) years of full-time professional experience.

2) Certification Substitution: Certifications from the AAERT (American Association of Electronic Reporters and Transcribers) for CET (Certified Electronic Transcriber) or CER (Certified Electronic Court Reporter), or from the NCRA (National Court Reporters Association) for RFR (Registered Professional Reporter), CRR (Certified Realtime Reporter), the NVRA (National Verbatim Reporters’ Association) or the NSVRA (National Shorthand Verbatim Reporters’ Association) may be used as a substitute for no more than three (3) years of full time professional experience.

3) Official Documentation: Any applicant who seeks to waive some or all of the full-time professional experience requirements set forth in Section 11.0 (C) (v) must submit official Certificates and/or Transcripts from each accredited college, university, court transcription, and/or court reporting program attended, and/or current Certification** from any of the court reporter associations identified in Section 11.0 (C) (v) (2). Official documentation is to be mailed directly from the granting institution to the Office of Transcription Services (OTS).

*Vendors must provide satisfactory evidence of the above-mentioned experience requirements for each of its provider parties.

** An applicant who is registered for, and awaiting, the next NCRA, NVRA, NSVRA or AAERT test date in order to comply with the certification requirements identified in section 11.0 (C) (v) (2) and who otherwise meets all other requirements of the RFP, will be considered a conditional applicant.

The conditional applicant’s application will be deemed complete only upon submission of the official AAERT, NCRA, NVRA or NSVRA certification.

The conditional applicant will not be placed on the list of Approved Court Transcribers and will not be given assignments from any requesting party or the court until his or her application is supplemented with the appropriate completed certification.

SECTION 12.0

EQUIPMENT AND MAINTENANCE STANDARDS

A.) Transcribers must provide their own transcription equipment subject to mandatory upgrades, and demonstrate their ability to prepare official, verbatim transcripts of court proceedings from digital audio recordings, in the following formats:

i.) CourtSmart digital audio recording, utilizing the necessary hardware (computer, operating systems, foot pedal, headphones, printer) and software (audio player, word processing, secure cloud storage, compression (zip) software, malware software, anti-virus software) required to produce official, verbatim transcripts;

ii.) FTR (For The Record) digital audio recording, utilizing the necessary hardware (computer, operating systems, foot pedal, headphones, printer) and software (audio player, word processing, secure cloud storage, compression (zip) software, malware software, anti-virus software) required to produce official, verbatim transcripts;

iii.) JAVS (Jefferson Audio Video System) digital audio recording, utilizing the necessary hardware (computer, operating systems, foot pedal, headphones, printer) and software (audio player, word processing, secure cloud storage, compression (zip) software, malware software, anti-virus software) required to produce official, verbatim transcripts.

B.) Vendors and provider parties must agree to utilize ONLY the designated hardware and software to transcribe court proceedings from the respective digital audio recording systems, and any upgrades and changes in hardware and software as designated by OTS.

C.) Vendors and provider parties must properly maintain their own transcription equipment for as long as the vendor is on the Approved Court Transcriber List.

D.) Vendors and provider parties must maintain a secure, file sharing service to transfer digital audio recordings and text files securely and expeditiously. OTS must be provided full access to vendor files.

SECTION 13.0

TRANSCRIPT TIME STANDARDS

A.) Digital Recording.

Transcribers must prepare the ordered transcript from a digital recording in an accurate and timely manner according to the following Time Standards:

i.) Within 30 calendar days for 10 days or less of recordings;

ii.) Within 60 calendar days for 10 days or more of recordings;

i.) Trial Court Administrative Order 09-2 requires appeal transcripts to be prepared within 120 days;

ii.) A Rush order must be prepared in accordance with the Rush Order Time Standards chart identified below.

Rush Order Time Standards

iii.) A Regular order must be prepared in accordance with the Regular Order Time Standards chart identified below. Please note, all Regular orders relating to a transcript(s) prepared for inclusion in the record on appeal must be completed within 120 days.

Regular Order Time Standards

B.) Failure to Meet Time Standards.

Failure to prepare an ordered transcript within the time and quality standards stated above and determined by OTS may constitute cause for removal of a transcriber from the Trial Court’s contract pool of Approved Court Transcribers.

SECTION 14.0

TRANSCRIPT FORMAT & PERFORMANCE STANDARDS

A.) Massachusetts Trial Court Uniform Transcript Format (UTF).

Transcribers must prepare transcripts for the Massachusetts state courts in accordance with the Massachusetts Trial Court Uniform Transcript Format (UTF), unless otherwise ordered by the court. A copy of the Uniform Transcript Format can be accessed and printed at http://trialcourtweb.jud.state.ma.us/admin/ots/uniformtranscriptformat.pdf, and a copy of the Sample Transcript can be accessed and printed at http://trialcourtweb.jud.state.ma.us/admin/ots/sampletranscript.pdf.

B.) Contents of Complete Transcripts.

Transcribers must prepare a complete and accurate transcript of the proceedings as recorded and provided by the Office of Transcription Services (OTS) or Court Division, inclusive of the following:

i.) Certified original transcript;

ii.) Certified copies of the transcript;

iii.) Compressed transcript; four (4) compressed pages per page, attached to the certified original and certified copies of the transcript;

iv.) Title page; attached as the first page of the certified original and certified copies of the transcript;

v.) Word index; attached to the certified original and certified copies of the transcript;

vi.) Electronically signed certificate page; attached to the certified original and certified copies of the transcript;

vii.) Completed, signed, and dated Audio Recording Assessment Form (See UTF);

viii.) PDF (portable document format) of the certified original transcript;

C.) Incomplete Transcripts.

Incomplete Transcripts will not be accepted.

D.) Transcription Production Requirements.

In producing transcripts, transcribers must:

i.) Discern and transcribe every word spoken on the record.

ii.) Replay the section of the recording at least five (5) times to discern and transcribe every word spoken on the record.

iii.) If necessary, request a new recording.

E.) Accuracy of Transcripts.

i.) Transcribers must produce transcripts of a quality acceptable to OTS and the court.

ii.) OTS must make appropriate inquiry to determine when a transcript is complete and accurate, and in full compliance with the Massachusetts Trial Court Uniform Transcript Format. The transcriber will be required by OTS to make corrections to the transcript until it is complete and accurate and in full compliance. Such corrections will include, but not be limited to:

1) Failure to include every word spoken on the record;

Example:

Audio: Did you see the vehicle?

Transcript: Did you see vehicle?

2) Misspelled words and/or typographical errors.

Example:

Audio: The vehicle traveled down the access road.

Transcript: The vehicle traveled down the assess road.

3) Failure to be in full compliance with the Uniform Transcript Format (e.g., incorrect margins, number of lines per page);

iii.) If an ordering party identifies a potential issue(s) in a transcript approved by the OTS, the ACT must make the OTS aware of the claim. Per the UTF, the OTS will provide an ordering party with a Transcript Assessment Form (TAF) to identify all supposed inaccuracies. The OTS and the ACT will review the available audio, TAF, and the prepared transcript; the ACT will amend the transcript only if the requested change(s) is “true and accurate” as heard by the ACT.

SECTION 15.0

TRANSCRIPT RATES

Transcription Services Rates for the Massachusetts Court System are set by statute and provided pursuant to G. L. Chapter 221, Sec. 88 as follows:

$3.00 per page per standard original (Regular delivery) $1.00 per page per standard copy (Regular delivery) Not to exceed $5.00 for each electronic reproduction requested $.10 per page for additional paper copies requested by an indigent person or counsel for an indigent person

$4.50 per page per daily rate original (Rush delivery)

$1.50 per page per daily rate copy (Rush delivery)

SECTION 16.0

MISCELLANEOUS INFORMATION FOR ACTs

A.) Communication

i. ACTs must exhibit professional behavior and be respectful when communicating with Trial Court personnel, court users, transcript requestors, or any individual relating to the production of a transcript order assigned by the OTS.

ii. ACTs must promptly notify an individual who requested a transcript that the ACT has been assigned to produce the transcript and provide the individual with the ACT’s contact information. During this initial communication, the ACT must inform the individual how to make the payment deposit (for private-pay orders only) and transcript production arrangements.

iii. ACTs must immediately inform OTS when the ACT receives a payment deposit from an individual who requested a transcript. If necessary, based on the date the ACT receives the payment deposit, OTS will adjust the transcript completion due date.

B.) Transcript Offers

i. When OTS sends an ACT a transcript offer, the ACT must timely respond to OTS. The timely response requirements are as follows:

1. An ACT must accept or reject a RUSH order no more than ONE (1) HOUR after an offer was made by OTS. Otherwise, the offer may be made to the next ACT on the List.

2. An ACT must accept or reject a REGULAR order no more than TWO (2) HOURS after an offer was made by OTS. Otherwise, the offer may be made to the next ACT on the List.

ii. An ACT must accept at least twenty-five percent (25%) of transcript assignments offered by OTS.

iii. Transcript orders must be assigned to ACTs by a member of the OTS. OTS will not approve a transcript when an order was submitted directly to an ACT and not received or processed by the OTS. If an ACT accepts an order from any Trial Court employee who is not a member of the OTS, the OTS will not process the invoice for payment.

C.) ACT Notifications to OTS

i. For private-pay orders, ACTs must notify OTS upon receiving a payment deposit. If necessary, based on the date the ACT receives the payment deposit, OTS will adjust the transcript completion due date. If a deposit payment is not received within twenty (20) business days following the date the order was accepted by the ACT, the ACT shall notify the OTS and the ordering party that the order was closed. At the ordering party’s request, the order may be reopened by the OTS and may be reoffered to the ACT.

ii. When an ACT reasonably believes he/she may not be able to complete an order by the OTS generated due date, the ACT must notify OTS. A reasonable extension may be granted by the Coordinator.

iii. ACTs must: (1) accept transcript orders from OTS; (2) submit completed transcript orders to OTS for approval; and (3) submit invoices/bills for transcript orders using OTS approved forms, procedures, and/or software.

iv. ACTs acknowledge and understand that OTS cannot and will not intervene in, or otherwise mediate any billing dispute between an ACT and an attorney (private or CPCS), pro se litigant, government agency (Office of the Attorney General, District Attorney’s Office, etc.), or any other person or entity.

v. If there is a material change to a transcript order, including but not limited to adding or subtracting dates, changing the start and end times of portions to be transcribed, etc., an ACT must contemporaneously notify OTS so the OTS can update its records to carefully track transcript production. Transcript Production D.) Transcript Production

i. Per the Uniform Transcript Format of 2008, all transcripts produced for Massachusetts state courts, whether by official court reporters, per diem court reporters, or approved court transcribers shall be in accordance with Administrative Directive #1-08, unless otherwise ordered by the court.

ii. ACTs must prepare and submit accurate and complete transcripts to the OTS for approval no later than the OTS generated transcript completion due date. The repeated submission of transcripts to the OTS after the OTS generated transcript completion due date may result in disciplinary action. Failure to prepare an ordered transcript within the required time and quality standards as determined by OTS may constitute cause for the removal of an ACT from the Trial Court’s list of Approved Court Transcribers.

iii. The repeated submission of transcripts to the OTS after the OTS generated transcript completion due date may result in disciplinary action.

iv. For private-pay orders it is best business practice and the OTS recommends that ACT do not begin the transcript production process until a fifty-percent (50%) deposit is paid. The OTS also recommends that ACT do not transmit private-pay transcripts until the outstanding balance is paid in full.

v. For transcript orders submitted by an indigent person or counsel for an indigent person, it is best practice and the OTS recommends that ACT obtain both the NAC number, and the court-allowed motion or affidavit for funds for transcription. The court allowed motion or affidavit must identify the docket number of the proceeding and transcription costs must not exceed the allowed amount. OTS will take reasonable steps to provide the NAC number, and/or the court-allowed motion or affidavit to the transcriber prior to assignment.

a. For pro se indigent transcription orders that will be paid for by the Court, the order will always proceed at the standard rate (regular delivery) unless the allowed motion or affidavit explicitly states “rush” or “expedite.”

b. For transcription orders submitted by counsel for an indigent person, ACT are required to follow the policies and procedures set forth in the Committee for Public Counsel Services (CPCS) Court Cost Vendor Manual, any other CPCS publications, and any amendments, revisions, or additions to CPCS policies and procedures.

vi. Transcribers are expected to be aware of various rules, orders, and statues governing transcript production in Massachusetts, including but not limited to Trial Court Administrative Order 19-1: Transcription Procedures for Appellate Review and Trial Court Rule VIII: Uniform Rules on Impoundment Procedure.

E.) Removal of ACTs From the List

i. If an ACT fails to comply with the requirements articulated in: (1) this RFP; (2) any resulting contract document; (3) the Massachusetts Trial Court Uniform Transcript Format, (4) any Massachusetts Trial Court Administrative Order, Rule of Appellate Procedure, or Supreme Judicial Court Rule relating to the transcript production process, or (5) any requirement articulated by OTS, then OTS may remove an individual from the List. The removal process will be undertaken pursuant to the procedures articulated in Supreme Judicial Court Rule 1:07: Fee Generating Appointments and the Maintenance of Appointment Dockets in All Courts.

SECTION 17.0

SAMPLE MANDATORY CONTRACT DOCUMENTS

A.) All selected vendors will be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP in ATTACHMENT H G – Sample Mandatory Contract Documents):

i.) Commonwealth of Massachusetts Standard Contract Form (and all related attachments, addenda and exhibits);

ii.) Commonwealth Terms and Conditions Form;

iii.) Electronic Funds Transfer (“EFT”) Sign Up Form;

iv.) Verification of Taxation Reporting Information (W-9) – Massachusetts

Substitute W-9 Form (“W-9”); and iv.) Contractor Authorized Signatory Listing (“CASL”) Form.

B.) These Sample Mandatory Contract Documents are provided only for review and reference and are not to be completed or submitted as part of the RFP Process.

SECTION 18.0

CONTRACT STRUCTURE

A.) The contract with vendors resulting from this RFP will consist of the following documents**, which are placed in the order of precedence:

i.) Commonwealth Terms and Conditions;

ii.) Standard Contract Form;

iii.) RFP (inclusive of Attachments, Exhibits, Clarifications);

iv.) Other Documents necessary to complete the contract (Additional Terms and Conditions, etc.); and v.) Vendor’s Application & Response to RFP

**The final contract may consist of documents not yet identified or listed in this section. The OCM reserves the right to include any such document that is necessary in order to finalize the contract resulting from this RFP.

SECTION 19.0

GENERAL RFP TERMS

A.) Right To Amend, Alter Or Revoke.

The OCM reserves the right to amend or cancel this RFP at any time, if it believes that doing so is in the best interests of the OCM. The OCM may cancel this RFP at any time prior to the execution and approval of a contract, in which event all responses received in response to this RFP will be rejected.

B.) Vendor Alternatives.

A vendor may determine that it cannot respond to a technical or business specification as detailed in the RFP, but may believe it can offer equivalent or superior performance by some other means. In such cases, the vendor should explicitly state that it cannot meet the specification as presented, propose an alternative, and provide a thorough description of how the proposed alternative would provide equivalent or superior performance of the specification. The OTS will be the sole judge of whether a proposed alternative achieves at least an equivalent performance of the technical or business specification for which the vendor is identifying an alternative.

C.) Cost of Vendor Responses to RFP.

Vendors shall bear all costs associated with their proposal, including preparation, photocopying, postage, delivery costs and any travel expenses that may be incurred during the solicitation process. No costs or expenses incurred by vendors in responding to this RFP, or by participating in the RFP process, will be borne by the OCM.

D.) Ownership, Use and Availability of Submitted Proposals.

i.) All materials submitted by vendors in response to this RFP become the property of the OCM.

ii.) The OCM considers the responses to this RFP to be internal, working documents, which will become the property of the OCM, and it will not agree to any statements or endorsements in proposals or related documents submitted in response to this RFP that conflict with OCM practices related to such documents and material.

iii.) The OCM shall be under no obligation to return any proposal or materials submitted by a vendor in response to this RFP.

E.) Inquiries During RFP Process.

i.) The OCM reserves the right to defer answers to questions regarding the the status of this RFP or any response to it until a contract has been executed with the successful vendors and/or a formal Notice of Award has been released.

ii.) Prior to the formal Notice of Award, the OCM is not required to provide any information in response to inquiries concerning the status of the procurement process, or other information, such as the number of vendors responding or the elimination of responding vendors, except for any information officially published via COMMBUYS.

SECTION 20.0

MISCELLANEOUS CONTRACT STANDARDS

A.) Conflict of Interests.

A transcriber must not have a conflict of interest in the proceedings assigned to be transcribed.

B.) General Standard for Transcribers.

All Approved Court Transcribers shall have the transcription equipment to produce official, verbatim transcripts from digital audio recordings of court proceedings, and the ability to prepare transcripts in an accurate and timely manner. The vendor must notify the Office of Transcription Services (OTS) in writing via e-mail at ots@jud.state.ma.us within two (2) days of any malfunction of any transcription equipment. Receipt of the e-mail must be confirmed by OTS.

SECTION 21.0

COMMBUYS PROCUREMENT WEBSITE & INSTRUCTIONS FOR SUBMISSION OF APPLICATIONS

COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1.

Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2.

Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3.

Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4.

Click on the Bids tab

5.

Clicking on the Bid tab opens four sections:

a.

Request for Revision b.

Bids/Bid Amendments c.

Open Bids d.

Closed Bids

6.

Click on the blue Open Bid hyperlinks to open and review an open bid

7.

A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8.

After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a.

Purchaser b.

Department c.

Contact for this bid d.

Type of purchase i.

Open Market ii.

Blanket e.

Pre-Bid Conference details (if applicable) f.

Ship-to and Bill-to addresses g.

Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h.

Bid Date i.

Required Date j.

Bid Opening Date – date the bid closes and no further quotes will be accepted k.

Informal Bid Flag l.

Date goods/services are required

9.

The lower half of the page provides information about the specific goods/services the bid is requesting.

10.

Click Create Quote to begin.

11.

The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a.

Delivery days b.

Shipping terms c.

Ship via terms d.

Is “no” bid – select if you will not be submitting a quote for this bid e.

Promised Date f.

Info Contact g.

Comments h.

Discount Percent i.

Fre…