StenographicServices_FTC_ResponseToQuestions_23Aug2022.pdf

Stenographic & Remote Deposition Services

FTC Response to Questions from Potential Contractors 19 Aug 2022

# Ref. Question FTC Response 1 N/A Who is the incumbent, and was is the contract value?

Is the incumbent FedRAMP certified?

What platform(s) is the incumbent using? Do they provide a single or multi-platform solution?

What are the current rates charged by the incumbent?

How do they charge for overtime, extra hours, or weekend and holiday work?

The FTC currently receives Stenographic Services under 29FTC117A0006 which was re-issued as 29FTC118F0046 due to a change in the agency’s contract writing system. Please note there are significant changes between the requirements of the existing award and this solicitation, including the addition of FedRAMP certification.

2 N/A How many contracts does the FTC anticipate in awarding for these services?

Will the FTC consider expanding the contract to a 12-month base with four 12-month option periods?

Is there a minimum/maximum amount for a contractor performing under this award?

What is the anticipated value of this award?

The FTC anticipates making a single award.

The Period of Performance will not be expanded.

The usage of this award will be as needed. It is expected usage will be more than $500,000 per year, but may exceed $1,000,000 for any given year.

3 N/A What is the FIPS-199 categorization?

Is the FTC willing to be an agency sponsor?

FIPS 199, Standards for Security Categorization of Federal Information and Information Systems (nist.gov) https://nvlpubs.nist.gov/nistpubs/fips/nist.fips.199.pdf

This is not something that is sponsored. The is a security practice. Please read the link above for more details.

4 N/A Can the FTC give examples/guidance on non-United States locations that may require services in performance of this contract?

What is the estimated quantity of workdays that happens internationally?

Can the FTC provide an estimate on how often does the contractor have to provide court reporters, notaries, translators, and/or interpreters, as necessary that are

In the past, the FTC had some need (infrequently) for services in Asia, specifically Japan and South Korea.

As it is not possible to determine future cases and their locations, it is not possible to provide an estimate. Offerors shall have the ability to provide services internationally if requested by the

FTC.

In the past, the FTC has required translation of documents and interpreters for depositions a few times each year. In the past year, the FTC required translation of live seminars and phone fluent in another country's official language, for both work in the US and for work internationally?

calls that were in Spanish. Dependent on future investigations and cases involving other languages it is very possible there will be an increase in FTC’s need for translators, court reporters, and interpreters that are fluent in other languages.

5 N/A Approximately how many hard copy transcripts are requested in a 12-month period; what percentage of total transcripts requests does that amount to?

Staff infrequently order hard copy transcripts.

6 N/A What platform does the FTC utilize for videoconferencing or virtual meetings? Will the contractor be able to use this platform or are they required to provide their own in support of this requirement?

The FTC currently utilizes Zoom and Microsoft Teams for internal and FTC hosted meetings.

If an offeror proposes to use their own platform we would have to discuss it with our IT department.

7 N/A Are companies located outside of the United States able to participate in the solicitation?

Can remote tasks be performed by entities located outside of the United States?

Will there be a need for in person meetings?

There is no specific restriction on the location of the parent company.

While the FTC does not necessarily anticipate the need for in-person meetings with the contractor, contractors should be prepared to do so if requested.

Please note in-person stenographic and court reporting services are required as detailed in the PWS Sections 3.1, 3.2, 3.3, and 3.4

8 N/A Will the FTC accept proposals via email? Yes. In accordance with the RFQ Section 5.2, offerors are required to submit quotes via email by 12:00 PM on Friday, August 26, 2022.

Note: The closing for this RFQ is being extended such that quotes are due by 12:00 PM on Friday, September 2, 2022.

9 N/A What is the standard amount of notice given before a requested service is required?

What is considered “short notice”?

Can the FTC provide an estimate of the number of requests where services were required within 24 hours, As soon as possible but as little as 3 days.

Short notice is considered 1-2 days.

Most requests are given more than one week in advance. It is less frequent a request would be given 24 hours to 2 days in advance.

two days, one week, two weeks, or more than two weeks?

10 N/A Can the FTC provide estimates for the number of requests, over a 12-month period, for each of the following:

Conference rooms in Washington DC area Conference rooms outside Washington DC Conference rooms internationally Videoconferencing Audio and/or video recording services In person proceedings Virtual proceedings Live reporting Transcription only services Real Time services Proceedings by Matter Category

Requests vary by case and virtual versus in-person proceedings will have various combinations of transcription delivery rates, local, live reporting, videoconferencing, etc.

Most requests are expected to be in the Washington DC area.

11 RFQ 2.2.1

FedRAMP Certification

Since FedRAMP certifications are applicable to software and systems, and not a company or entity, will the FTC clarify the statement “FedRAMP certification is a requirement. The FTC will not consider submissions where the contractor is not FedRAMP certified”?

Does the FTC have a preferred FedRAMP approved Real Time solution? The RFQ and PWS mention Case Notebook and Live Note, however those do not appear to be FedRAMP certified per the marketplace.

Is FedRAMP certification required for all portals/tools associated with the proposed platform?

Is FedRAMP certification required for invoicing and reporting?

Correct, FedRAMP certification applies to the system/software.

However, it is the contractor’s responsibility to maintain the FedRAMP Certification.

FedRAMP certification is a requirement. The FTC will not consider any solution or system/software that is not FedRAMP certified.

The FTC does not currently utilize a FedRAMP certified solution. This is a new requirement for the FTC.

FedRAMP certification is dependent on what information a tool handles.

FedRAMP is not required for invoicing and reporting.

FedRAMP is not required for videoconferencing.

FedRAMP is not required for the web-based portal used for service requests.

Is FedRAMP certification required for the videoconferencing platform (i.e., Zoom, Microsoft Teams, WebEx)?

Is FedRAMP certification required for the web-based portal used by FTC to submit service requests?

Is FedRAMP certification required for secure electronic transfer (i.e., emails with encrypted attachment) of deliverables to FTC?

The secure file transfer must be encrypted to Federal standards, however FedRAMP is not required.

12 RFQ 2.2.2 (A)

Other Security Requirements

Regarding “statutory responsibilities” - NIST is very comprehensive, and they have thousands of possible standards. Is there a NIST standard FTC is particular about?

Regarding the required reporting and audits (i.e., FISMA, OIG, NARA, internal audit):

Can contractors charge for the time it takes to prepare the reports?

Where would that be noted on the pricing schedule?

Is this a requirement that the incumbent currently provides?

Can FTC provide samples of each type of report?

RFQ section 2.1.2 lists the relevant NIST sections:

SP 800-30 – Guide for Conducting Risk Assessments SP 800-39 – Managing Information Security Risk SP 800-53 – Security and Privacy Controls for Information

Systems and Organizations SP 800 -61 – Computer Security Incident Handling Guide SP 800-122 – Guide to Protecting the Confidentiality of

Personally Identifiable Information (PII)

13 RFQ 2.2.2 (B)

Other Security Requirements

The RFQ states “The contractor shall continuously monitor any system or service deployed for the FTC for network-based security threats, such as Denial of Service Attacks, and deploy appropriate attack detection and mitigation tools.”

Please clarify which method of monitoring the incumbent uses.

Is there a preferred method of monitoring?

Is the contractor permitted to bill for this service?

The FTC expects the system to be monitored for any type of security attack, and expects its information to be protected at all times. The contractor may use any monitoring method it deems it appropriate to protect FTC information.

The FTC anticipates that contractors will incorporate FedRAMP charges as part of their billing. There is no separate CLIN for FedRAMP costs.

14 RFQ 2.2.2 (C)

The RFQ states, “If a designated ISSO is not provided, the FTC will provide the necessary ISSO services and will charge back the contractor for services rendered.

The FTC requires a security person we can work with should a security issue arise, in addition to sharing security information so we can create an authorization package to use the software. This

Other Security

What are the qualifications of an ISSO, is there special training, degree, or certifications that ISSO must possess?

Is the contractor required to provide proof of ISSO during the live demonstration?

If the contractor does not designate an ISSO and the FTC provides one, what amount will the FTC charge back to the contractor?

security package is reviewed every two years. The level of effort for the security package in minimal. The level of effort for a security incident depends on the severity of the event.

No ISSO certification is needed. However, a person should have knowledge about the software, hardware and the application itself.

15 RFQ 2.2.2 (D)

Other Security Requirements

The RFQ states “If the contractor cannot perform work due to revocation of accounts due to this clause, contractor can be subjected to fiduciary penalties.”

Please clarify what the penalties would be.

If this were to happen, the amount of any penalty would depend on how long performance of services is interrupted.

16 RFQ 2.3

System Requirements

The RFQ states “Note: The FTC currently uses the Accellion (Kiteworks) platform/system for its secure file transfer platform/system; contractors are required to use Accellion.”

Please clarify whether contractors are required to provide a platform or required to use Kiteworks.

If the contractor is required to use Kiteworks, are they required to hold their own, separate license or will FTC allow contractor staff to use the FTC license?

If the contractor is required to maintain its own Kiteworks licenses, can they bill the FTC for its cost?

Which platform is the incumbent using?

Are contractors required to use Kiteworks for secure transfer of deliverables via electronic means to FTC?

Will FTC provide access/logins to Kiteworks for contractor staff or is the contractor required to purchase its own Kiteworks license.

The FTC was merely stating that we have a secure file transfer system in place to transfer materials securely to the Deposition system. If the contractor’s system has a built-in option in the software to securely transfer files, that is acceptable to FTC.

17 RFQ 2.6

Matter Categories

Can the FTC provide rough estimates for the total number of proceedings by Matter Category? By location (Washington, DC, Domestic, and International)?

Regarding Class C Matters, is the contractor required to use a stenographic court reporter, or can other methods of transcription be used (i.e., typists, transcriptionist), and must the transcriber be a notary?

Most requests are expected to be in the Washington DC area.

The usage of this award will be as needed. It is expected usage will be more than $500,000 per year, but may exceed $1,000,000 for any given year.

A court reporter is required. Other methods of transcription may be possible on a case by case basis.

18 RFQ 2.7

Staffing Requirements

The RFQ states that “in locations where English is not the primary language, the contractor shall provide court reporters, notaries, translators, and/or interpreters, as necessary that are fluent in that country's official language. Court reporters, notaries, translators and/or interpreters that are fluent in other languages may also be required for services within the United States or its territories.”

Would FTC consider removing this requirement?

Please clarify whether or not attorneys or FTC officials will conduct proceeding in English Please clarify if there would ever be an instance where attorneys or FTC officials speak in English and witnesses speak a language other than English

If multiple languages are used during a proceeding, are services required for all languages or just the predominate one? Is it acceptable to have a translator and a transcriber at the same proceeding?

Please clarify in what circumstance the FTC might require an on-site translator or interpreter for a proceeding. Would this apply to translating documents as well as interpreting spoken language?

No, The FTC will not consider removing this requirement.

FTC attorneys/officials will usually conduct proceeding in

English.

Yes, there is the potential for proceedings where attorneys speak one language and witnesses another.

Dependent on the proceeding, location, and participants, it is possible there will be a need for multiple translators/interpreters (one or more for each language spoken). Services are possibly required for all. Yes, it is acceptable to have a transcriber and translator at the same proceeding.

On-site translators can be requested for any of the matter categories, including court reporting, depositions, conferences, and statements as detailed in the PWS.

Yes, this will include documents and spoken language.

19 RFQ 3.2

Hours of Operations

The RFQ notes that contractor staff may be required to work on FTC recognized Federal Holidays or building closures, weekends, or beyond core hours.

Will the FTC allow for “overtime” or “extra” charges if services are required outside of core hours, including holidays and building closures?

Will the FTC consider adding CLINs for overtime charges?

Yes, we will allow for overtime charges in these instances.

Please make clear what those overtime charges will be in your quote if you chose to quote this way.

No, CLINs will not be added for overtime charges.

20 RFQ 6.1.1 (1)

Live Platform Demonstration

The RFQ states that, during the live demonstration, the contractor should be prepared to demonstrate a brief overview and demonstration of the platform’s functionality, including how to access the various portals or tools.

Please clarify whether or not the FTC requires a one platform solution or it acceptable to propose a multi-platform solution.

A single platform solution is preferred. However, if multiple platforms are proposed we take no issue as long as they are part of the FedRAMP envelope. Any platform that handles sensitive FTC data must be part of the FedRAMP certification.

21 RFQ 6.1.1 (2)

Live Platform Demonstration

The RFQ states that, during the live demonstration, contractors should be prepared to demonstrate a brief overview and demonstration of the administrative capability of the platform, including reporting functions (i.e., invoicing, history).”

Invoicing and History requirements are not listed as part of the system requirements detailed in RFQ Section 2.3

Please clarify FTC’s expectations regarding history and invoicing (i.e., what kind of historic reporting).

Is the contractor required to use Kiteworks or PIEE for invoicing?

Reporting history refers to data on the number of requests per CLIN, Matter, in person, virtual, and others.

For invoicing the contractor will submit invoices to IPP. If this were to change the FTC will give advance notice.

22 RFQ 6.1.1 (3)

Live Platform Demonstration

The RFQ states that, during the live demonstration, contractors should be prepared to perform a brief overview of various stenographic and court reporting services to include (a) request/order submission tool usability, (b) scheduling multiple depositions and/or hearings, (c) auto populating information, and (d) pricing visibility.

These requirements are not listed in RFQ Section 2.3, System Requirements

Yes, offerors will be required to demonstrate how users will request services.

A single platform solution is preferred. However, if multiple platforms are proposed we take no issue as long as they are part of the FedRAMP envelope.

Auto-population refers to account information that does not have to be entered manually when using the platform to request stenographic services.

Are contractors required to demonstrate these capabilities?

Are contractors required to use a single platform for these services?

Please clarify what the FTC means by “auto-populating account information.”

Please clarify what the FTC means by “pricing visibility,” does this refer to an itemized invoice?

Are contractors required to demonstrate how they create invoices during the live demonstration?

If the contractors demonstrate invoice creation using a closed system, how should that be demonstrated?

Pricing visibility refers to publishing established rates on the system so that users know the cost of each service they request when ordering services.

Offerors do not necessarily need to demonstrate invoice creation. However, they should be prepared to present samples of invoices detailing the information noted in the

PWS.

23 RFQ 6.1.4.2

Past Experience Questionnaire

If point-of-contacts previously submitted Past Experience Questionnaires in response to RFQ1565893 (cancelled solicitation) do they need to submit a new form?

Yes, offerors must request and submit new past experience questionnaires.

24 RFQ 6.2

Pricing Submission

Is it the FTC’s intent for the contractor to create three different Price Schedules - one for each performance period - or is the expectation that the contract holder holds the prices firm for the entire 3-year period, without even being allowed a cost-of-living increase from one year to the next?

The pricing schedule has three tabs, one for the base period and each of the two option periods. Please complete all three tabs of the pricing schedule, or alternatively provide an escalation rate which will be uniformly applied to base year pricing.

25 PWS 3.2 (4)

Service Requirements

The PWS states that the contractor shall Secure any required passes, U.S. State Department permits, or documentation related to travel, and security/background requirements for entry to service locations.

Will the FTC provide instructions and/or contacts at the U.S. State Department to assist with this task?

Are passes, permits and/or documentation for FTC personnel, contractor staff, or both?

Can the FTC provide an estimate of the number of these kinds of requests over a 12-month period?

The FTC will provide the necessary information to the awardee to assist with this task.

Passes, permits, and/or documentation will be required for both FTC and contractor staff.

In the past, these requests have been infrequent. However, they may increase dependent on future cases.

Yes, contractors may bill for time spent on these tasks.

Can contractors bill for time used to obtain the passes and permits?

26 PWS 3.2(8)

Service

The PWS states that the contractor shall use electronic redaction software or other equipment, technology, and methods approved by the FTC.

What redaction software or equipment is approved by the FTC for contractor use?

Any redaction software or equipment used by the awardee will need to be satisfactory by FTC standards. This determination will take place, as needed, on any contractor equipment being used.

27 PWS 3.4.1

Transcription Services

The PWS states “The FTC requires the delivery of transcription services that can range from same day to 15 days.”

Please clarify if this refers to the delivery turnaround timeframe of the transcript or the amount of notice given to request a service.

What is the turnaround time for a regular transcript (i.e., non-rush or non-expedited)?

Delivery of transcript services refers to the delivery turnaround timeframe of the transcript.

Turnaround for a regular transcript is approximately one week.

28 PWS 3.4.5

Videoconferencing Services

Regarding videoconferencing service is the contractor required to provide a virtual web-based meeting room (i.e., Zoom, Microsoft Teams, Webex) or is the contractor required to provide video and audio connection to two or more points for two-way conferencing over distance?

The RFQ notes that contractors may be required to deliver, set-up, and test equipment (i.e., video cameras, microphones, screens, and video bridge) used in videoconferencing. With the influx of web-based conferencing, will the FTC consider removing this requirement?

The contractor should be capable of providing both.

No, the FTC will not consider removing this requirement.

29 PWS 3.4.6

Other Services

The PWS lists several other services that the FTC may request, but they are not included on the price schedule.

How will the contractor account for costs associated with these services?

In what scenario would a transcript be edited?

Offerors may add the additional services, including any associated costs, in the “add additional service if needed” section of the pricing schedule (Excel spreadsheet, Attachment 9.3). In addition to a completed pricing schedule, offerors may include supplemental pricing information, charts, and additional pricing schedules that it deems necessary to perform the tasks noted in the PWS.

The “add additional service if needed” and supplemental pages should be sufficient for offerors to capture any potential costs associated with this requirement.

It’s expected that the editing of a transcript would be infrequent.

30 PWS 5.1.1

Transition Plan

Developing any specific Transition-In Plan would involve coordination with the incumbent. How detailed are you expecting this plan to be flushed out in response to this RFQ?

In order to facilitate a smooth transition, incumbent information will be released to the awardee after an award determination has been made. Therefore, your quote shall provide specifics about the process.

In addition to the information noted in the PWS, the transition plan should include a milestone chart, identify key stakeholders/members, minimize risk, and ensure continuity of services.

31 PWS 5.2

Schedule of Deliverables

Can the FTC provide samples of the reports to be included with the submission, the plans include:

Transition Plan Quality Control Plan (Initial) IT System Security Plan (Initial)

The FTC cannot provide samples of the required reports/plans that are to be included as part of the contractor’s submission package.

However, the required content for each of the required plans is detailed in the PWS (see section 5.1.1, 5.1.2, and 5.1.3).

32 PWS 5.3

Performance Requirement Summary

Regarding PRS #7, Accuracy of Transcripts, which requires 100% accuracy, what is the penalty if live reporting transcripts are not 100% accurate?

Will the FTC consider lowering the acceptable quality level of live reporting transcripts?

Failure to meet performance thresholds may result in various corrective actions and/or poor performance rating in CPARS.

No, the FTC will not consider lowering the threshold for acceptable quality of live reporting transcripts.

33 Price Schedule

Will the FTC consider changing the CLIN structure so that each CLIN reflects the three matter categories?

Will the FTC consider changing the CLIN structure to the FTC regional offices rather than the broad category of “domestic”?

Will the FTC consider adding “overtime” charges?

Will the FTC consider separating translation and interpreter services into separate CLINs?

No, the FTC will not consider changing the CLIN structure regarding matter categories, location, translation/interpreter services, video/audio and equipment rental.

Will the FTC consider separating video and audio recording services into separate CLINs?

Will the FTC consider adding CLINs for video editing, video synching, original copy of media output, and additional copies of media output?

Will the FTC consider adding CLINs for video and audio equipment rental/usage?

34 Price Schedule Please clarify “Exhibit Sharing Set-up Per Connection.”

Does this refer to set-up for software that the contractor provides to be used by FTC?

Is the contractor required to provide contractor staff to log in and stay connected during all remote depositions?

Is the contractor required to provide both the contactor staff and the portal?

Yes, this refers set-up for software for use by FTC.

The contractor may either be present for all remote depositions or be available if FTC staff need additional assistance.

Yes, the contractor is responsible for both the staff and the portal.

35 Price Schedule Please clarify “Remote Deposition & Stenographic Services: Real Time feature per deposition/hearing”

Is this a lump sum, regardless of length of the deposition or hearing?

Can contractor submit pricing per page and/or hour?

The fee for remote depositions/hearings can be a flat fee or per hour.

Yes, pricing can be per page or per hour.

36 Price Schedule Please clarify “Transcripts”

Does the “per page” rate refer to regular delivery?

Should expedited delivery (i.e., rush, 3-day, 5-day, and 7-day) rates be expressed as an added surcharge to the regular rate or as complete rate?

Does “Same Day Delivery” refer to a final, proofread transcript or a rough draft?

All transcripts have a rate per page per expedited delivery time.

There is a rough draft transcript and there is also a final proofread transcript for same day delivery.

Typically request for court reporters involve transcripts.

Transcript delivery is per business day.

Can FTC provide a rough estimate for each type of transcript (i.e., regular, same-day, 3-day, 5-day, 7-day)

Is there ever an instance where a reporter is on site and FTC does not request a transcript?

Please confirm that transcript delivery is in business days

37 Price Schedule Please confirm that the offeror may add additional services (i.e., booking conference rooms, equipment rental) at the bottom of the price schedule.

Yes. Offerors may use the section “add additional services if needed” to note any additional costs or services that it deems necessary to complete the tasks as detailed in the PWS.