Statement of Work.docx

STATEMENT OF WORK

INVITATION FOR BID FOR

Stenographic Court Reporting And Transcription Services

ISSUING OFFICE

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF GENERAL SERVICES

BUREAU OF PROCUREMENT

555 Walnut Street Forum Place, 6th Floor Harrisburg, PA 17101

IFB NUMBER

6100055100

DATE OF ISSUANCE

May 13, 2022

PART IV

STATEMENT OF WORK

TABLE OF CONTENTS

Part IV-3 BID SUBMISSION Part IV-4 TASKS Part IV-5 CONTRACT REQUIREMENTS FOR LOTS 1 & 2 Part IV-6 AUDITS Part IV-7 ASSESMENT OF FEES Part IV-8 SERVICE LEVEL AGREEMENTS Part IV-9 REPORTS

Attachment A – County Listing – Service Location Attachment B – Domestic Workforce Attachment C – Lobbying Certification Form Attachment D – Iran Free Procurement Certification Form Attachment E – Best Value Determination Attachment F – Worker Protection Form Attachment G – Standard Terms and Conditions

ONLY CERTIFIED SMALL BUSINESSES ARE ELIGIBLE FOR AWARD

The Department of General Services has designated this contract as a Small Business Procurement to provide DGS-certified small businesses with opportunities to compete against other DGS-certified small businesses for Commonwealth agency and DGS statewide contracts. Only certificated small businesses are eligible to submit a bid and receive an award. The small business requirements and certification process can be found on the following site: https://www.dgs.pa.gov/Small%20Business%20Contracting%20Program/Pages/default.aspx

The Small Business Certification will be provided after the self-certification process on the SBPI site: https://www.dgs.pa.gov/Small%20Business%20Contracting%20Program/Pages/default.aspx . A valid Department of General Services (DGS) Small Business certificate will be required as part of the bid in order to be deemed a responsive bidder. Any business without a valid certificate on the bid due date and time may be rejected as non-responsive.

This contract will be monitored for compliance by The Bureau of Diversity, Inclusion and Small Business Opportunities (BDISBO).

IV-1. GENERAL INFORMATION:

A. PURPOSE: The purpose of this Contract is to provide Stenographic Court Reporting Services and Transcription Services for using Agencies of the Commonwealth, on an as needed basis. These services are utilized by Commonwealth Agencies during various proceedings including, but not limited to, board meetings, hearings, and depositions.

This solicitation is broken into two (2) Lots, as identified below:

LOT 1 – Stenographic Court Reporting Services and Transcription Services

1. Stenographic Court Reporting Service:

a. Stenographic Court Reporting is defined as the verbatim reporting method used primarily to record legal proceedings, public hearings, and public meetings. The information recorded is transcribed and an official transcript is prepared, which must be certified by the court reporter. The court reporter must attend the legal proceeding, public hearing, or meeting.

2. Transcription Services:

a. Transcription is defined as the preparation of a transcript from a recording or other technology acceptable to the using Agency. Transcribers do not attend the proceedings and/or meetings, but transcribe the proceeding from a tape, or other technology utilized.

3. Summary Minutes:

a. Summary Minutes are a condensed version of what occurred at the assigned meeting or proceeding. The preparation of Summary Minutes requires the awarded Contractor to analyze the content of the meeting or proceeding and accurately summarize the portions that are relevant to the using Agency. A using Agency may request Summary Minutes of board meetings or other proceedings. There may be specific times during the meeting that the Agency may require verbatim transcripts; however, most of the proceeding shall be summarized.

4. Depositions:

a. Stenographic (verbatim) reporting of depositions may be requested by a using Agency for litigation matters in which Agency counsel initiate or are responsible for arranging depositions.

LOT 2 – Unemployment Compensation Board of Review

1. Transcription Services:

a. Any party who disagrees with an Unemployment Compensation Referee's decision has the right to file a further appeal to the Unemployment Compensation Board of Review (UCBR).

b. The Board is comprised of a chairperson and two board members, all of whom are appointed by the Governor.

c. During this process, transcription service may be required.

d. Transcribers do not attend the proceedings and/or meetings, but transcribe the proceeding from a tape, or some other technology utilized.

B. METHOD OF AWARD (MULTIPLE AWARD): The Commonwealth intends to award a Contract to all responsive and responsible Bidders. Services will be procured through the Request For Quotes (RFQ) Best Value Determination by the using Agency as defined in Section C. below. There is no guarantee that the award of a Contract will result in the award of a Purchase Order (PO).

C. RFQ PROCESS THROUGH BEST VALUE DETERMINATION:

1. For services over $10,000 in a fiscal year, using Agencies are required to solicit all awarded Contractors who can provide the specific service in the county needed and make a best value selection. The best value selection shall, in addition to price, include consideration of the Contractors' capacity, availability, and performance. The Contractor selected by a Commonwealth Agency through the Best Value Determination process shall receive a PO for performance of the needed service(s). A Commonwealth Agency may issue blanket POs to one (1) or more selected Contractors and then may use the selected Contractors on an as needed basis and pay only for the service(s) rendered. The Best Value Determination process must be documented in writing and be retained in the Agency file for the particular request.

When soliciting awarded Contractors through the Best Value Determination (Attachment E) process, Agencies shall include their Statement of Work (SOW) outlining their specific requirements.

Specific requirements shall include, but are not limited to:

1. Scheduling a service after a PO is issued;

a. Agencies shall notify the awarded Contractor, in writing, when the schedule is available, and the awarded Contractor shall confirm receipt in writing. Timeframes of the scheduling and confirmation shall be addressed in the Agency’s SOW.

2. Type of services requested (i.e. transcription, court stenographers, etc.);

3. The specific stenographic equipment to be used, if applicable (steno mask, steno machine, etc.);

4. Arrival time of the stenographer, if applicable (i.e. 15 minutes before proceeding);

5. Copies of transcripts needed (i.e. original plus one copy, etc.);

6. Method of transcript delivery (i.e. mail, electronic); and

7. Delivery times of the transcript (i.e. standard, priority, etc.).

The Best Value Determination shall, in addition to price, include consideration of the Contractor’s capacity, availability, performance, and submission of a sample transcript. The best value shall identify the order of rank that will be used to determine award.

2. For services under $10,000 in a fiscal year, per Contractor, Agency bureaus may select any awarded Contractor; however, they will need to document the reasons for choosing the Contractor and attach it to their PO. If a PO is not created, the Agency must maintain the information in their files. An Agency may seek further reduction in contract price when making their selection or as part of their Best Value Determination. Awarded Contractors may not quote a higher price.

For services procured that are less than $10,000 in a fiscal year and handled with P-Card, services must be handled in accordance with Management Directive 310.23, http://www.oa.pa.gov/Policies/md/Documents/310_23.pdf.

D. CONTRACT TERM: The term of the contract shall be July 1, 2022, or the Effective Date listed on the contract, and will end on June 30, 2024.

Contracts may be renewed for three (3) one (1) year terms by mutual agreement between the Commonwealth and the Contractor(s) per Section V.3. CONTRACT-002.2b of Attachment G – Standard Terms and Conditions.

Renewals will be under the same terms and conditions; provided, however, the rates under the contract may be increased up to two-percent (2%) for each renewal term upon receipt of sufficient justification from the awarded Contractors and shall be mutually agreed to by the Commonwealth.

E. ISSUING OFFICE: The Pennsylvania Department of General Services (“DGS”) has issued this Invitation for Bid (IFB) on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this IFB shall be Peggy Trevenen, Issuing Officer. Please refer all inquiries to the Issuing Officer via e-mail at petrevenen@pa.gov.

F. QUESTIONS AND ANSWERS: If a bidder has any questions regarding this IFB, the bidder must submit the question(s) via e-mail (with the subject line “IFB 610055100 Question”) to the Issuing Officer named above. Question(s) must be submitted via e-mail no later than May 20, 2022. The Issuing Officer shall post as an addendum to this IFB the answers to the questions on the DGS website. Each bidder shall be responsible to monitor the DGS website www.emarketplace.state.pa.us for new or revised IFB information.

IV-2. CRITERIA FOR QUALIFICATION:

A. SUPPLIER REGISTRATION: Interested Bidders must register as a supplier on the PA Supplier Portal at www.pasupplierportal.state.pa.us If your company is already registered in the PA Supplier Portal, registration is not necessary. Prior to registration, bidders are strongly encouraged to review the Supplier Registration and Bidding guides available at the Supplier Service Center.

B. ELIGIBILITY REQUIREMENTS: Suppliers interested in submitting a bid to become an awarded Contractor must meet all eligibility requirements. Bidders who fail to meet all the following eligibility requirements may result in bid rejection:

a. Experience: Have been in business for at least three (3) years; acceptable proof of business includes but not limited to letters of reference, business license, articles of incorporation, articles of organization.

b. Licensing/Credentials: After contract award, within ten (10) business days, the awarded Contractor is required to provide full and complete resumes, including certifications, and proof of a minimum of 250 hours of stenographic court reporting worked, for all personnel who are currently employed by Contractor and could be providing service on this contract. Acceptable examples of proof include, but not limited to: Pay statements, letters of reference, dates of work scheduled, and evidence of self-employment.

c. Transcript Samples: Sample(s) of a redacted transcript for each lot bidding. If the sample transcript is a public record, redaction is not required.

LOT 1 – Stenographic Court Reporting Services and Transcription Services

IV-3. BID SUBMISSION:

All Bidders shall complete the following and submit with their bid response:

· Price List: Bidders are to submit their current standard price list covering all categories of service for which they are bidding in accordance with the SOW and delivery times as specified in IV-4 Tasks, Lot 1 – Stenographic Court Reporting Services and Transcription Services, H. Delivery of Transcripts and IV-4 Tasks, Lot 2 - UCBR, C. Delivery of Transcripts. Bidders should only bid on those services within each lot in accordance with their Attachment A – County Listing – Service Location.

Bidders may include other services with their price list that are not identified in the SOW, to include but not limited to: Color copies, oversized copies, etc.

Any terms and conditions that may appear on the Price List, including but not limited to, prices subject to change without notice and price to be determined at time of order will not be part of Contract and will have no force or effect on the Contract. The Bidder’s Price List shall establish the maximum charge allowed for listed services during the term of the Contract. Actual pricing for each court reporting engagement will be established through a Best Value Determination process and PO process. Travel will be billed in accordance with Management Directive 230.10, https://www.oa.pa.gov/Policies/md/Documents/230-10.pdf.

· Attachment A: County Listing – Service Location

· Attachment B: Domestic Workforce

· Attachment C: Lobbying Certification Form

· Attachment D: Iran Free Procurement Certification Form

Iran Free Procurement Certification & Disclosure: Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, a bidder must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e). All Bidders must complete and return the Iran Free Procurement Certification Form, which is attached hereto and made part of this IFB. The completed and signed Iran Free Procurement Certification Form must be submitted with the Bid Response.

See the following web page for current Iran Free Procurement list: ProposedIranFreeProcurementList.pdf (pa.gov)

· Attachment F: Worker Protection Form

· Sample of redacted transcript for each lot bidding. Note: if sample transcript is a public record, redaction is not required.

· Small Business Certificate Certification

IV-4. TASKS:

LOT 1 – STENOGRAPHIC COURT REPORTING SERVICES AND TRANSCRIPTION SERVICES

A. STENOGRAPHIC COURT REPORTING AND TRANSCRIPTION SERVICES

1. Stenographic Court Reporters must attend the proceeding; record the proceeding; mark exhibits, if requested; and swear in witnesses, if authorized and requested. The Commonwealth reserves the right not to request a transcript of a proceeding, which will be detailed in the RFQ and PO.

2. Stenographic Court Reporters must utilize conventional types of equipment and processes to record the proceedings such as disks, tapes, software, modems, videotaping, teleconferencing, and computer assisted transcription (CAT) software. Each Agency may select the recording method it desires to be used for any proceeding; provided, however, that an audio tape may be used only for back-up purposes or as a tool used by a qualified steno mask reporter.

3. When a transcript is made of the proceeding, the Stenographic Court Reporter who attends the proceeding must review the transcript to assure that the proceeding has been accurately transcribed. The Stenographic Court Reporter who attends the proceeding must include the following certification which must appear on the last page of the transcript:

“I hereby certify that the following proceedings, ____________ (identify by docket number or other acceptable identification to the using Agency) was reported by me on ______ (date) and that I __________ (name of Stenographer) read this transcript and attest that this transcript is a true and accurate record of the proceeding.”

4. The Stenographic Court Reporter may apply an electronic signature to the Court Reporter Certification indicating that the transcript is accurate.

B. TRANSCRIPTION SERVICES:

Transcribers do not attend the proceedings but transcribe the proceedings from a recording or some other technology used by the using Agency. Using Agencies may request the preparation of standard, legal, or medical transcripts.

C. SUMMARY MINUTES:

A using Agency may require Summary Minutes of board meetings or other proceedings. There may be specific times during the meeting that the Agency may require verbatim transcripts; however, the majority of the proceeding shall be summarized.

D. DEPOSITIONS:

Stenographic (verbatim) reporting of depositions may be requested by a using Agency for litigation matters in which Agency counsel initiate or are responsible for arranging depositions.

E. PREPARATION OF TRANSCRIPTIONS FOR LOT 1:

Preparation of transcriptions, under Lot 1 – Stenographic Court Reporting & Transcription Services, must be prepared in accordance with the following DGS BOP requirements which are based on Pennsylvania Code Uniform Rules Governing Court Reporting and Transcripts effective date January 1, 2017 and expanded to avoid interpretation and to promote consistency:

1. The transcripts must be legible and easy to read, with proper spelling and free of typographical errors. It must be a true transcription, with every possible effort made to transcribe any garbled or weak portions.

2. Interpretation shall be avoided. Spoken words only will be transcribed. Sounds which are not speech (laughing, crying, background noise, etc.) will not be repeated on the transcript. Neither will there be any emphasis added (capitalization, underlining, bold print) to denote loud voices unless otherwise specified in the Agency SOW.

3. Format of Transcripts:

a. No fewer than 25 typed lines on standard 8-1/2” x 11” paper.

b. No fewer than nine (9) or ten (10) characters to the typed inch.

c. Left-hand margin to be set at no more than 1-3/4”.

d. Right-hand margin to be set at no more than 3/8”.

e. Each question and answer to begin on a separate line.

f. Each question and answer to begin no more than five (5) spaces from the left-hand margin with no more than five (5) spaces from the Q and A to the text.

g. Carry-over Q and A lines to begin at the left-hand margin.

h. Colloquy material to begin no more than fifteen (15) spaces from the left-hand margin followed directly by a colon. The statement shall begin on the third space after the colon. Subsequent lines shall begin at the left margin.

i. Quoted material to begin no more than fifteen (15) spaces from the left-hand margin, with carry-over lines to begin no more than ten (10) spaces from the left-hand margin.

j. Interruptions of speech shall be denoted using a dash at the point of interruptions, and again at the point the speaker resumes speaking.

k. Parenthetical and exhibit markings to begin with an open parenthesis on the fifth space from the left-hand margin, with the remark beginning on the sixth space from the left-hand margin.

l. If a using Agency provides the Contractor with a recording to transcribe, a word (e.g. difficult proper name) not clarified by any transcribing aids, but spelled to the best of the transcriber’s ability, should be followed by – (PHONETIC). However, if the using Agency requires a stenographic court reporter to be present, the court reporter must clarify all spelling issues prior to the dismissal of the meeting.

m. On the final page of the transcript, the transcriber will type and sign the certification, indicating the date completed. This certification must be on the last typed page, and NOT on a separate additional sheet, unless pre-approved by the using Agency.

n. If exhibits are provided, they must be properly identified and submitted with the transcript. The court reporter may be required to mark the exhibits at the hearing, meeting or deposition.

F. EXHIBITS:

All exhibits must be properly identified and submitted with the transcript. Stenographic Court reporters may be required to mark the exhibits at the hearing, meeting or proceeding. All exhibits shall be handled with the utmost care:

1. When CDs or DVDs are mailed, they shall be mailed in a CD/DVD mailing case.

2. If large documents are to be mailed (i.e. maps and diagrams), they shall be mailed in appropriate packaging.

G. SUBMISSION OF TRANSCRIPTS:

Transcripts shall be submitted as hard copy or electronically at the using Agency’s discretion; electronic submission will be utilized as often as possible to reduce lead-time. If submitted as a hard copy, a certification by the Contractor is required authenticating the transcript as a true copy. If submitted electronically, the Contractor must ensure the e-transcript is in read-only format. The signature of the Contractor authenticating that the transcript is true and accurate record of the proceeding must appear on the e-transcript. Using agencies will set forth on their POs the method by which transcripts should be delivered to the Agency, typically electronically or as a hard copy.

H. DELIVERY OF TRANSCRIPTS:

An original plus one (1) copy of a transcript must be delivered to the using Agency in accordance with one of the following timeframes to be specified by the using Agency:

I. OTHER SERVICES:

Commonwealth using Agencies may require videotaping of proceedings, the preparation of manuscripts or in the future may require a Supplier to provide digital or other enhanced capabilities which are not available or known at the time of contract.

LOT 2 – UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (UCBR) TASKS:

A. UCBR’S OPERATIONS:

With respect to the UCBR (Harrisburg only), testimony before an Unemployment Compensation Referee is recorded digitally. After a Referee’s decision has been mailed, the digital recording is stored in a digital database until and unless there is a further appeal from the Referee’s decision filed to the UCBR. If there is an appeal, the case file is sent from the Referee’s Office to the UCBR’s Central Office Appeals Processing Unit in Harrisburg for processing. The Appeals Support Unit in the UCBR’s Central Office will then send the digital recording electronically to the selected Contractor through a secure website. In addition, the UCBR will provide the Contractor with a paper copy of the cover sheet, Referee decision and Remand Order (if applicable) to the Contractor to scan and upload the documents along with the completed transcript in pdf (or acceptable) format in the timeframe requested. The Contractor shall also hand deliver a hard copy of the complete transcript to 651 Boas Street, Room 1116, Harrisburg, PA 17121 or to an address specified by the UCBR.

B. PREPARATION OF TRANSCRIPTS FOR LOT 2:

1. Format of Transcripts:

a. Must be prepared on 8-1/2” x 11”, white, 20lb bond paper.

b. Margins of 3/4” must be maintained at top, bottom and both sides.

c. A lead line consisting of claimant’s name, appeal number, and page number must appear at the top of each page of the transcript.

d. Characters must be full-formed (letter quality) and no fewer than nine (9) and no more than 12 per inch. Each statement should begin on a separate line at the left-hand margin with no more than seven (7) spaces from the left-hand margin. Carryover lines begin with a matching indentation.

e. Pair or group related exchanges of testimony by double-spacing before and after such “sets.”

f. Speaker identity (pursuant to coding on the transcript cover sheet) must be used for each statement. The spacing between a single identifier (such as R) and the testimony will be six (6) spaces. Spacing between Expert Witness (EW) and the testimony will be five (5) spaces; between EW and the testimony will be four (4) spaces; all others will be formatted in similar manner.

On the final page of the transcript, the transcriber must type and sign the certification, indicating date completed. This certification must be on the last typed page, and NOT on a separate additional sheet. Thus, it may be typed and signed on the side margin if necessary.

C. DELIVERY OF THE TRANSCRIPTS:

The UCBR will provide a paper copy of the cover sheet, Referee decision and Remand Order (if applicable) to the Contractor to scan and upload the documents along with the completed transcript in pdf (or acceptable) format in the timeframe requested. The Contractor shall also hand deliver a hard copy of the complete transcript to 651 Boas Street, Room 1116, Harrisburg, PA 17121 or to an address specified by the UCBR.

1. Standard Delivery: Delivery within five (5) business days of the proceeding

2. Priority Delivery: Delivery within three to four (3-4) business days of the proceeding

3. Expedited Delivery: Delivery within one to two (1-2) business days of the proceeding.

IV-5. CONTRACT REQUIREMENTS FOR LOTS 1 & 2:

A. AVAILABILITY TO PERFORM STENOGRAPHIC COURT REPORTING SERVICES:

When a Commonwealth using Agency selects a Contractor(s) for a range of multiple proceedings, such as through a blanket purchase order(s), the Agency has an obligation to inform the selected Contractor(s) in advance of the dates and times of the proceedings for which services are needed. If the selected Contractor(s) declines or is otherwise unable to provide services for the proceedings, then the Commonwealth may temporarily suspend the blanket PO and contract with the Contractor, charge the Contractor for the difference in cost for obtaining alternative services, and/or find the Contractor in default.

B. APPEARANCE FEES:

1. Except as described below, a stenographic court reporter may be paid an appearance fee as provided in the RFQ and PO issued by the using Agency. Using Agencies may cap the maximum appearance fee they will pay in the RFQ and PO. Any appearance fee shall be a fixed fee per day regardless of the number of proceedings the stenographic court reporter reports during that day at any one location.

2. For proceedings before the Department of Labor and Industry’s Industrial Board, a stenographic court reporter will be paid a fixed appearance fee of $200 per day by the Commonwealth of PA regardless of the number of proceedings the stenographic court reporter reports during the day.

3. If a proceeding for which the stenographic court reporter has been scheduled is cancelled, the using Agency will notify the Contractor as soon as possible. The stenographic court reporter will be paid an appearance fee if the using Agency does not provide the Contractor with at least twenty-four (24) hours’ notice of the cancellation.

C. UNACCEPTABLE STENOGRAPHIC COURT REPORTERS OR TRANSCRIBERS:

The Commonwealth may preclude a Contractor from using a particular Stenographic Court Reporter or Transcriber, if the work of that Reporter or Transcriber fails to meet acceptable standards as agreed upon by using Agency. Written documentation shall be submitted to the Contractor detailing the reasons why they were unacceptable.

D. USE, COPIES, AND DISTRIBUTION OF TRANSCRIPTS BY THE COMMONWEALTH:

1. At the time of issuance of a RFQ and/or PO, Commonwealth Agencies will elect one of two options set forth below:

a. Option 1: The Commonwealth will have the right to distribute transcripts internally and among Commonwealth agencies and other governmental bodies, but will not otherwise publish, distribute, or make transcripts available to others, unless compelled by court order or law.

b. Option 2: The Commonwealth will have the right to distribute and publish transcripts. The Commonwealth’s right to publish includes the right, exercised in the sole discretion of the Commonwealth Agency, to post transcripts to Commonwealth websites.

2. In both Options stated above, the Commonwealth authorizes Contractors to sell copies of transcripts to non-Commonwealth agencies.

3. In Option 1 stated above, the Commonwealth will not supply transcript copies to any litigant in a proceeding, unless compelled by court order or law.

E. RETENTION OF TRANSCRIPTS:

The Contractor shall maintain the security and confidentiality of and retain all documents including, but not limited to, reporter’s notes, transcripts and correspondence for up to five (5) years unless a using Agency prescribes a different retention period in a RFQ/PO. The responsibilities of this paragraph shall survive the termination or cancellation of this Contract.

F. PUBLIC REQUESTS FOR TRANSCRIPTS:

1. The services being contracted for in this Contract are intended to assist the Commonwealth in ongoing or imminent litigation or adversarial administrative proceedings and certain records made or received by the Contractor may be exempt from production, entirely or in part, under the provisions of the Pennsylvania Right to Know Law (RTKL), 65 P.S. §67.101, et seq. In order to assure that records exempt from disclosure are not inadvertently produced, the Contractor agrees to notify the Agency for which services have been provided under this Contract (Agency) immediately upon receipt of a request to provide any transcripts in Contractor’s possession, or which Contractor plans to create pursuant to the duties specified in the Contract. The Contractor shall not allow any inspection of or disclose any information found in a transcript unless and until the Agency has had the opportunity to provide the Contractor with a redacted version of the transcript as specified in subparagraph 3.

2. Notwithstanding the provisions of subparagraph 1, if the presiding officer of a hearing expressly consents to the release of a transcript to a person who has requested a copy of the transcript directly from the Contractor, other than a person identified in subparagraph 5, the Contractor may release the transcript without first seeking the permission of the Agency.

3. In the event the Contractor: a) has been notified by the Agency that the Agency has received a request for a transcript under 65 P.S. §67.708(c), or b) receives a request from a third party for a transcript covered under the provisions of this Contract, the Contractor shall, within the time period specified in subparagraph 6, provide a copy of the transcript to the Agency for review and redaction of information that the Agency believes is exempt from disclosure under the RTKL. The Agency will return the redacted copy of the transcript to the Contractor who shall then provide the redacted copy to the Page 12 of 13 requester identified by the Agency or to the person who made the request of the Contractor. If the transcript does not require redaction, the Agency shall so notify the Contractor who shall then provide an unredacted copy to the requester identified by the Agency or to the person who made the request of the Contractor. If the Contractor receives a request for a transcript that has already been redacted pursuant to this subsection, the Contractor may release the redacted version to the requester without first seeking permission of the Agency.

4. If the Agency has issued a written policy regarding the release of transcripts to third parties, the Contractor shall comply with such policy instead of the provisions of this section. The Contractor shall not be considered in violation of this subsection for failure to comply with an Agency’s written policy, unless the Contractor had actual knowledge of the Agency’s written policy.

5. The provisions of this section shall not apply to requests for transcripts made by a named party to a proceeding for which the transcript has been or will be created or to such party’s authorized representative.

6. When creating a transcript pursuant to a request from a third party, the Contractor shall provide the Agency with a copy of the transcript for redaction under subparagraph 3 in accordance with the timeframe for transcript delivery specified in the PO. The Agency will then have 30 days to provide the Contractor with a redacted copy of the transcript. If the Agency fails to provide a redacted version of the transcript within 30 days, the Contractor may provide the requester with the unredacted version of the transcript.

7. This provision shall take precedence over any other sections in this contract which deal with the third party records under the Right to Know Law.

IV-6. AUDITS:

To ensure quality and adherence to the specifications and requirements outlined in the SOW, the DGS, Bureau of Procurement (BOP) reserves the right to conduct random audits of completed transcripts to ensure the Contractor is meeting the specifications outlined.

IV-7. ASSESSMENT OF FEES:

A. The following fees shall be imposed for the failure to appear or the failure to appear on time by a stenographic court reporter at the proceeding for which they have been scheduled to record at the time prescribed by the using Agency.

1. Late. If a stenographic court reporter is more than fifteen (15) minutes late for a proceeding, the Contractor shall forfeit the appearance fee otherwise due for that proceeding and the using Agency may deduct the appearance fee from the amount which would otherwise be paid for the service. The using Agency may no longer need the court reporter if he or she is more than fifteen (15) minutes late.

2. No Show. If a stenographic court reporter does not appear at a proceeding that he or she has been scheduled to report, the Contractor shall be responsible for all costs associated with the delay in or rescheduling of the proceeding, including but not limited to, the difference in cost for obtaining alternative services and any increase in or additional EW fee if an EW has been scheduled to testify and is present at the scheduled time of the proceeding.

3. Repeats. For repeated instances of failure to appear or failure to appear on time by a stenographic court reporter at proceedings for which they have been scheduled, the Commonwealth may temporarily suspend the contract with the Contractor, require the Contractor to submit and comply with a corrective action plan, and/or find the Contractor in default.

4. Untimely delivery of transcripts:

a. A Contractor may be charged a late fee of ten percent (10%) of the cost of a transcript for each day beginning with the third calendar day a transcript is late, plus an additional one percent (1%) of the cost of a transcript for each additional day beginning on the fourth and subsequent calendar days. The Commonwealth shall permit a grace period of two (2) days for mail delivery and for other delays beyond the control of the Contractor.

b. If a transcript for the UCBR is prepared and delivered to the UCBR more than fifteen (15) days after the UCBR has transferred the digital recording to the Contractor for transcription, the UCBR shall be liable to pay no amount to the Contractor.

D. If the Contractor(s) does not mail the exhibits in an appropriate manner, and damage occurs as a result, the Contractor(s) shall be responsible for all costs associated in reproducing the materials that were damaged. Contractor(s) shall not be charged if the exhibits were appropriately packaged.

· 98% rate of timeliness of appearance by the stenographic court reporters.

· 98% rate of timeliness of delivery of transcripts.

· 98% transcript accuracy rate as specific SLAs under this Contract.

· 90% or greater availability rate for multiple proceedings awarded through a single PO.

· The Contractor must also comply with all other contract requirements and specifications.

Each Contractor’s performance will be reviewed quarterly by the DGS BOP Contract Administrator to identify any issues requiring immediate attention and may be reviewed during quarterly meetings between the Commonwealth and the Contractor. The quarterly reports shall show data reported by calendar month for each using Agency for each of the referenced SLAs.

In the event SLAs are not being met, the following will occur:

1. A discussion will take place between the Contractor and the DGS BOP Contract Administrator. The Contractor will be given a written warning and be required to develop and submit a corrective action plan within one (1) week showing how they will improve on the problem area(s).

2. If the next quarterly review occurs with minimal or no improvement in the problem area(s), the Contractor will be suspended from receiving further POs under the Contract, and will be given one (1) additional week to provide a plan of improvement on the problem area(s). The Commonwealth must sign off on the improvement plan. In addition, an entry may be entered into the Commonwealth’s Contractor Responsibility Program (CRP).

3. If the following quarterly review occurs and the Contractor has not come back into compliance with the affected SLAs, the Contractor or any of part of the Contract may be terminated by the Commonwealth at its discretion.

IV-9. REPORTS:

Awarded Contractors shall prepare for the DGS BOP Contract Administrator a quarterly report which includes at minimum the following information for each using Agency:

A. The number of times the using Agency has used the Contractor’s services;

B. The types of services the Contractor has provided to each using Agency;

C. The amount invoiced to the using Agency for each type of service provided to it by the Contractor;

D. The amount the using Agency has paid to the Contractor, including any separate Commonwealth P-Card spend, E. The amount due and owing to the Contractor greater than 90 days to include PO Numbers

F. The number of service requests and fulfilled requests by the using Agency and program area; and

G. Performance measurement results relating to the timeliness of appearance (late arrivals and non-shows) of stenographic court reporters, timeliness of transcript delivery, and accuracy of transcripts. In addition, it shall show the number of complaints by the using Agency, issue, status, name of the stenographer and/or transcriber and date resolved. The report shall provide documentation in sufficient detail so that DGS can review a Contractor’s performance and determine whether it is compliant with the SLAs set forth in Section IV-8. Service Level Agreements.

Reports shall be emailed to the DGS BOP Contract Administrator Peggy Trevenen at petrevenen@pa.gov no later than the 15th of the beginning of the next quarter.

a. The Contract may be mutually renewed for a maximum of three (3) additional one (1) year term(s), so long as the Commonwealth provides written notice to Contractor of its intention to extend the Contract by letter dated not less than 90 days prior to the expiration of the term of the agreement, or any extension thereof, and the Contractor consents to the renewal not less than 60 days prior to the expiration of the term of the agreement or any extension thereof. The Issuing Office will fix the Effective Date after the Contract has been fully executed by the awarded Contractors and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained.

b. Awarded Contractors shall not start the performance of any work prior to the Effective Date of the Contract and the Commonwealth shall not be liable to pay awarded Contractors for any service or work performed or expenses incurred before the Effective Date of the Contract.

image1.png