Michigan.gov/MiProcurement Contractor must enter company name here.

Michigan.gov/MiProcurement SCHEDULE A – STATEMENT OF Work Request for Proposal No. 260000001897 Court Reporting Services This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “Bidder” is used to identify where specific responses to the RFP are required.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click the appropriate checkbox and complete the entries as appropriate.

BACKGROUND

This RFP is on behalf of all State agencies. The resulting Contract(s) will include the general terms and conditions and the Statement of Work. The Contract(s) may also include additional provisions or revisions to the Statement of Work to reflect agreements with the selected Contractor(s) based on proposal submissions, clarifications, and/or subsequent discussions.

Multiple Contract awards may be made based on the best interest of the State of Michigan as well as to ensure that State agency needs are met through statewide coverage.

A Bidder may bid on any or all Regions, but bids must apply for all agencies which may operate in regions the bidder has bid on.

SCOPE

The purpose of this RFP is to select one or more court reporting firms as Contractors to provide a court reporter, court recorder, or steno mask reporter services, as needed, anywhere in the State. MCL 600.1490. All court reporting firms doing business in Michigan must be registered with the State Court Administrative Office (SCAO) pursuant to MCL 600.1493(2).

The Contractor must provide in-person or “remote live body” Court Reporters in the location(s) and at the time(s) specified upon oral or written request by the soliciting State agencies. Court Reporting services include hearings and depositions. The Court Reporters must be certified in the State of Michigan, have the necessary equipment to provide complete and accurate services, and attest to the accuracy of their transcripts by certifying each. The Contractor must accept orders by fax, phone, e-mail, or by purchase order.

1) Requirements The Contractor must provide Court Reporting Services and otherwise do all things necessary for or incidental to the performance of work, as set forth in the Statement of Work(s). The work and deliverables include, but are not limited to, the following, pursuant to MCL 600.1492:

1.1 General Requirements

i) The Contractor must provide qualified Court Reporters for all hearings and depositions with as little as 24 hours’ notice, regardless of whether the assignment occurs during normal working hours (Monday–Friday, 8:00 a.m.–5:00 p.m. EST/EDT) or during non‑normal working hours (evenings, weekends, or holidays).

(1) For all assignments, the following requirements apply:

(a) Arrival Time

(b) Court Reporters must arrive 30 minutes before the scheduled start time unless otherwise directed by the requesting State agency.

(2) Service Duration Options

(a) Services may be required in full‑day (8 hours), half‑day (4 hours), and/or hourly increments on an as‑needed basis.

(3) Readiness to Proceed

(a) Reporters must be fully prepared to begin at the direction of the State or agency and remain through the required duration.

(4) Remote Reporting Services

(a) If a hearing is conducted remotely and the State does not provide a conferencing platform (e.g., Microsoft Teams), the Contractor must supply its own connection platform (e.g., Teams, Zoom) at the rate listed in Schedule B.

(5) Coverage Guarantee

(a) The Contractor must ensure that qualified in‑person or remote (“live body”) Court Reporters are available and provided at the required location and time upon oral or written request from any State agency.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

ii) Regions of Service: Court reporting services are to be provided in one or more regions listed in Schedule D, where the ability to service more or all regions is preferred.

List all exception(s):

Bidder must list what regions they are able to provide services in:

iii) Capacity of Service: Court reporting services provided in each region listed in Schedule D must be provided without scheduling issues due to lack of available court reporting personnel bandwidth.

List all exception(s):

iv) Only Court Reporters and Court Recorders certified by the Recording Board of Review may record or prepare transcripts of proceedings held in Michigan courts or of depositions taken in Michigan as regulated by Michigan Court Rule 8.108(G). Proof of certification for individual court recorders and court reporters must be provided on an as-needed basis to the State within 24 hours of notice.

List all exception(s):

v) Professional Conduct: Court Reporters must:

(1) Not consume alcoholic beverages, narcotics, or be under their influence while performing any service.

(2) Meet and deal in a courteous, effective manner with the Administrative Law Examiner (ALE), hearing officer, lawyers, parties, witnesses, members of the public and agency personnel.

(3) Maintain a professional appearance, attire, and decorum when providing services in hearings.

(4) Not perform personal business during the hours which they are assigned to work.

(5) Ensure they report to the representative responsible for supervision over this service. In addition, must advise the proper representative of the State and/or agency when leaving the hearing site. The representatives will maintain a record of time and attendance

(6) Be capable of performing under stressful conditions, such as long periods of uninterrupted testimony, complicated and/or highly contested issues and materials, heavy workloads and/or deadlines inherent in certain cases in litigation.

(7) Employ correct Standard English usage, spelling, grammar and punctuation.

(8) Employ and understand specialized terminology, including legal, medical and educational terms.

(9) Complete all necessary forms required by the State and/or agency.

(10) Possess the necessary equipment to provide complete and accurate services (including professional audio recording back-up equipment, if stenographic equipment is used), and attest to the accuracy of the transcript(s) by certifying each and providing audio recordings upon request (see Michigan Court rule 8.109).

List all exception(s):

vi) The Contractor and their employees must comply with all provisions of any legislative changes or administrative rule changes enacted or adopted during the term of the resulting Contract.

List all exception(s):

vii) The Contractor must ensure the Court Reporter is paid for services rendered under the resulting Contract.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

viii) The Contractor must ensure the Court Reporter has accurate directions to the location of the hearing, as well as the telephone number of the Hearing Officer and/or State staff member who arranges for the Court Reporting Services.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

ix) The Contractor must provide the original copy of the transcript (double spaced, 8 ½ X 11” typewritten page with size 10 font type and at least one electronic (.pdf) copy, including a word index, to the requesting Agency within the delivery timelines specified for that agency in their respective requirement sections below. Any agency not specified within this scope of work must receive the original transcript within 10 calendar days of conclusion of the hearing.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

x) The State and/or agency will notify the Contractor by E-mail, telephone, and/or fax no later than 5:00 p.m. of the day prior to the hearing in the case of a cancelled hearing. The State of Michigan will be charged 50% of the appearance fee for hearings or depositions cancelled after 5 pm, but no later than 8 am on the day of the scheduled hearing/deposition, when full appearance fee will be charged.

List all exception(s):

xi) The Contractor must not cancel any scheduled court reporting services within 24 hours of the required reporting time, except in cases of documented emergencies approved by the State

List all exception(s):

xii) A Court Reporter, Court Recorder, or Stenomask Reporter must (before accepting an assignment as an independent contractor or employee to provide court reporting or recording services) request information from the person, employer, or entity engaging his or her services as to the existence and nature of the contract between the person, employer, or entity and the client to confirm that the contract is not a blanket contract in violation of MCL 600.1491(1)(b). A person, employer, or entity who is party to a blanket contract and who knowingly provides false information in reply to an inquiry required under this subdivision must be considered to have committed an act that is grounds for discipline or censure under MCL 600.1493. This subdivision does not apply to contracts for court reporting or recording services for the courts, agencies, or instrumentalities of local units of government, this state, or the United States.

List all exception(s):

xiii) The Contractor is responsible for complying with all Agency specific requirements as stated in the Statement(s) of Work Attachments 1-10. Where an Agency specific requirement differs from or imposes additional obligations beyond the General Requirements, the Agency specific requirement must take precedence.

List all exception(s):

2) Staffing

2.2 Contractor Program Manager

The Contractor must appoint one individual specifically assigned to State of Michigan accounts, who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Program Manager”). Bidder must identify its Contractor Program Manager.

The Contractor must notify the Contract Administrator at least 30 calendar days before removing or assigning a new Contractor Program Manager.

List all exception(s):

Bidder must identify its Contractor Program Manager:

2.3 Customer Service Number

The Contractor must specify its toll-free number for the State to contact the Contractor Program Manager. The Contractor Program Manager must be available for calls from 7:00 am to 6:00 pm EST.

List all exception(s):

Bidder must identify its Customer Service Number:

3) Work Hours The Contractor must provide Contract Activities during the State’s normal working hours Monday – Friday, 7:00 a.m. to 6:00 p.m. EST and possible night and weekend hours depending on the requirements of the project.

List all exception(s):

4) Key Personnel The Contractor must appoint one individuals who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 48 business hours.

The Contractor must provide Court Reporters who possess a demonstrated ability to:

(1) Utilize skills needed to perform satisfactorily at all proceedings

(2) Transcribe rapidly and prepare clear and accurate transcripts of hearings as needed.

(3) Provide assistance in clerical services for the ALJ as needed in the context of the hearing.

ii) Assign key personnel who meet the following requirements:

1. Specifically assigned to the MPSC account with an understanding of the specialized terminology and acronyms of the MPSC.

The Contractor must guarantee that each Court Reporter:

1. Is a State Certified Electronic Recorder (CER), Certified Stenographic Reporter (CSR), or Certified Stenomask Reporter (CSMR).

2. Has the necessary equipment to provide complete and accurate services required.

3. Has a minimum of five years’ experience as a Court Reporter.

The State has the right to recommend and approve in writing the initial assignment, as well as any proposed reassignment or replacement, of any Key Personnel. Before assigning an individual to any Key Personnel position, Contractor will notify the State of the proposed assignment, introduce the individual to the State’s Project Manager, and provide the State with a resume and any other information about the individual reasonably requested by the State. The State reserves the right to interview the individual before granting written approval. In the event the State finds a proposed individual unacceptable, the State will provide a written explanation including reasonable detail outlining the reasons for the rejection. The State may require a 30-calendar day training period for replacement personnel.

Contractor will not remove any Key Personnel from their assigned roles on this Contract without the prior written consent of the State. The Contractor’s removal of Key Personnel without the prior written consent of the State is an unauthorized removal (“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key Personnel for reasons beyond the reasonable control of Contractor, including illness, disability, leave of absence, personal emergency circumstances, resignation, or for cause termination of the Key Personnel’s employment. Any Unauthorized Removal may be considered by the State to be a material breach of this Contract, in respect of which the State may elect to terminate this Contract for cause under the Termination for Cause section of the Standard Contract Terms. It is further acknowledged that an Unauthorized Removal will interfere with the timely and proper completion of this Contract, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any Unauthorized Removal. Therefore, Contractor and the State agree that in the case of any Unauthorized Removal in respect of which the State does not elect to exercise its rights under Termination for Cause, Contractor will issue to the State the corresponding credits set forth below (each, an “Unauthorized Removal Credit”):

i. For the Unauthorized Removal of any Key Personnel designated in the applicable Statement of Work, the credit amount will be $25,000.00 per individual if Contractor identifies a replacement approved by the State and assigns the replacement to shadow the Key Personnel who is leaving for a period of at least 30-calendar days before the Key Personnel’s removal.

ii. If Contractor fails to assign a replacement to shadow the removed Key Personnel for at least 30-calendar days, in addition to the $25,000.00 credit specified above, Contractor will credit the State $833.33 per calendar day for each day of the 30-calendar day shadow period that the replacement Key Personnel does not shadow the removed Key Personnel, up to $25,000.00 maximum per individual. The total Unauthorized Removal Credits that may be assessed per Unauthorized Removal and failure to provide 30-calendar days of shadowing will not exceed $50,000.00 per individual.

Contractor acknowledges and agrees that each of the Unauthorized Removal Credits assessed above: (i) is a reasonable estimate of and compensation for the anticipated or actual harm to the State that may arise from the Unauthorized Removal, which would be impossible or very difficult to accurately estimate; and (ii) may, at the State’s option, be credited or set off against any fees or other charges payable to Contractor under this Contract.

The Contractor must identify the Key Personnel, indicate where they will be physically located, describe the functions they will perform, and provide current chronological résumés.

List all exception(s):

1. The Contractor must identify all Key Personnel that will be assigned to this contract in the table below which includes the following:

2. Name and title of staff that will be designated as Key Personnel.

3. Key Personnel years of experience in the current classification.

4. Identify which of the required key personnel positions they are fulfilling.

5. Key Personnel’s roles and responsibilities, as they relate to this RFP, if the Contractor is successful in being awarded the Contract. Descriptions of roles should be functional and not just by title.

6. Identify if each Key Personnel is a direct, subcontract, or contract employee.

7. Identify if each Key Personnel staff member is employed full-time (FT), part-time (PT) or temporary (T), including consultants used for the purpose of providing information for the proposal.

8. List each Key Personnel staff member’s length of employment or affiliation with the Contractor’s organization.

9. Identify each Key Personnel’s percentage of work time devoted to this Contract.

10. Identify where each Key Personnel staff member will be physically located (city and state) during the Contract performance.

<Add more rows below as needed> 1.

Name 2.

Years of Experience in Current Classification 3.

Role(s) / Responsibilities 4.

Direct / Subcontract/ Contract 5.

% of Work Time 6.

Physical Location

A. The Contractor must provide detailed, chronological resumes of all proposed Key Personnel, including a description of their work experience relevant to their purposed role as it relates to the RFP.

Qualifications will be measured by education and experience with particular reference to experience on projects similar to that described in the RFP.

Bidder must provide the resumes and information as required above – either in this response box or identified here as an attachment to this RFP labelled as “Resumes – Vendor Name”

5) Organizational Chart The Contractor must provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Bidder must provide detailed information as required above – either in this response box or identified here as an attachment to this RFP labelled as “Org Chart – Vendor Name”

6) Disclosure of Subcontractors If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

· The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

· The relationship of the subcontractor to the Contractor.

· Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

· A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Bidder must provide detailed information as requested in the above requirement(s).

The legal business name, address, telephone number of the subcontractor(s).

A description of subcontractor’s organization and the services it will provide and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Bidder.

If yes, provide the details of that previous relationship.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Of the total bid, the price of the subcontractor’s work.

Bidder must provide information based on the work performed by all subcontractors

Total percentage of work that will be performed by subcontractors:

Total percentage of subcontracted work that will be performed by GDBE subcontractors:

7) Security The Contractor will be subject the following security procedures:

The Contractor must explain any additional security measures in place to ensure the security of State facilities. The State may require the Contractor’s personnel to wear State issued identification badges.

The Contractor’s staff may be required to enter State facilities. The Contractor must: (a) explain how it intends to ensure the security of State facilities, (b) whether it uses uniforms and ID badges, etc., (c) identify the company that will perform background checks, and (d) the scope of the background checks.

List all exception(s):

Bidder must explain any additional security measures in place to ensure the security of the State and its facilities:

8) Project Management

7.1 Meetings

The Contractor must attend a kick-off meeting upon commencement of the Contract and annual business review meetings as requested by the Contract Administrator or Agency Program Managers.

List all exception(s):

9) Reporting The Contractor must explain its reporting capabilities, any reporting that is included in its proposal, and the frequency with which reports will be submitted. Any reports must be submitted to the Contract Administrator.

List all exception(s):

Bidder must explain its reporting capabilities and any reporting that is included in its proposal:

Bidder must provide samples of required reports as attachments to this RFP. List file names here.

10) Pricing

9.1 Price Term

Pricing is firm for the entire length of the Contract.

List all exception(s):

9.2 Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

List all exception(s):

11) Ordering

10.1 Authorizing Document

The appropriate authorizing document for the Contract will be a delivery order, referencing the Master Agreement (“MA” – the Contract # resulting from this RFP);

List all exception(s):

12) Invoice and Payment

11.1 Invoice Requirements

All invoices submitted to the State must include:

(a) date;

(b) delivery order;

(c) quantity;

(d) description of the Contract Activities;

(e) unit price; and

(f) total price.

Overtime, holiday pay, and travel expenses will not be paid. c) For invoices received by each State Agency, payment documents (PRC with contract reference) may be created as the issuance of payment for the invoice received by the Contractor. d) On a monthly basis, Contractor must issue a statement, detailing all transactions for the previous month. This will serve as a report detailing Sent Date, Due Date, Invoice #, Assignment Date, Case/Deponent, Firm Case #, and Amount.

List all exception(s):

11.2 Payment Methods

The State will make payment for Contract Activities via EFT.

List all exception(s):

11.3 Procedure

For invoices received by each State Agency, payment documents (PRC with contract reference) may be created as the issuance of payment for the invoice received by the Contractor. On a monthly basis, Contractor must issue a statement, detailing all transactions for the previous month. This will serve as a report detailing Sent Date, Due Date, Invoice #, Assignment Date, Case/Deponent, Firm Case #, and Amount.

List all exception(s):

13) Liquidated Damages Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $5,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

List all exception(s):

14) ADA Compliance The State is required to comply with the Americans with Disabilities Act of 1990 (ADA), including its accessibility standard for websites, applications, content and documents. All Contract Activities created, provided, or made available by Contractor under this Contract in a digital format, including but not limited to, websites, applications, software, mobile applications, text, images, sounds, videos, controls, animations, links, and documents (including files in the following formats: PDF, word processing, presentation, and spreadsheet) must comply with the accessibility standards provided in the Digital Accessibility Standards, located at https://www.michigan.gov/standards.

List all exception(s):

Bidder must acknowledge their agreement with this section and provide details for how they will meet the requirements:

15) Service-Level Agreement (SLA) The Contractor will be held accountable to meet the requirements and the service level requirements established in this Contract.

The State reserves the right to reconsider or amend SLA amounts for split awards should they occur.

A. Please Note: Should bidders require clarification or have any questions with regard to the SLAs, they should submit them during the Question and Answer Period of this solicitation; please see the Proposal Instructions for the timeline.

Service Level Agreements for this Contract will be as follows:

SLA Metric 1. Provision of, and Timeliness of Court Reporting Services

2. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

SLA Metric 2. Professional Conduct

4. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

List all exception(s):

SLA Metric 3. Delivery of Transcripts

6. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

List all exception(s):

image1.png