Loren Data's SAM Daily™

FBO DAILY ISSUE OF JANUARY 14, 2010 FBO #2973
MODIFICATION

R -- Deposition Reporting and Transcription Services

Notice Date

1/12/2010
 

Notice Type

Modification/Amendment
 

NAICS

561492 — Court Reporting and Stenotype Services
 

Contracting Office

Securities and Exchange Commission, Office of Acquisitions, Operations Center, 6432 General Green Way, MS 0-20, Alexandria, Virginia, 22312-2413, United States
 

ZIP Code

22312-2413
 

Solicitation Number

SECHQ1-10-Q-0017
 

Archive Date

2/4/2010
 

Point of Contact

Nancy M Foster, Phone: 202-551-8267, Angela Dunson,
 

E-Mail Address

fostern@sec.gov, dunsona@sec.gov
(fostern@sec.gov, dunsona@sec.gov)
 

Small Business Set-Aside

N/A
 

Description

12/23/2009 - The following is a question submitted and the answer: Q1: Is this a follow on requirement? If yes, can you provide incumbent information? A1: This is a new requirement, and therefore, this is no incumbent. 1/7/2010: The following are questions submitted and the answers: Q1. How much work can be expected? For example, can you give us an idea of how many jobs per week will be required in New York and elsewhere? If there are no projected numbers, can you provide us with the figures from last year? A1. The SEC’s New York Regional Office estimates that there will be approximately 125 depositions per year totaling approximately $100,000 per year. We expect that the majority of depositions, at least 95%, will be done in New York City. Q2. Must the suggested pricing format be followed, or may we deviate to offer a unique pricing structure? A2. You may deviate from the pricing format provided in the attachment, but the more you deviate, the harder it will be for the SEC to evaluate and compare your prices. Q3. Can you provide a breakdown of expected locations for this work; specifically the most common deposition locations? A3. A majority of the depositions, at least 95%, are expected to take place in New York City (NY). Other possible locations are Long Island (NY), New Jersey, Upstate New York (NY) and Connecticut. Q4. Does the reference to “transcription services” as covered by this solicitation include transcription from existing audio recordings as well as providing live court reporters for depositions, or is all of the work to be performed by a live stenographer? A4. “Transcription Services” covered by this solicitation refer to providing live court reporters/stenographers for depositions. Q5. Can you clarify (vi) section D – what is meant by “administrative means for NYRO staff to order and pay for transcripts of depositions where reporting services were provided for by a contractor obtained by defense counsel”? Is the contractor who receives this BPA required to coordinate with other court reporting companies retained by the SEC’s opposing counsel regarding the SEC’s receipt of transcripts and payment for them? A5. In various litigations, the defendants may use a deposition reporting service other than the deposition report service provider that the SEC uses. The SEC would like its deposition reporter services to obtain the transcript from the other reporting service and provide the transcript to the SEC and bill the SEC through the existing contract. If this is not a commercial practice of your firm, please state so in your quote response. Q6. Can you provide the name of the current agency or agencies that hold(s) this contract, and what year they are performing of their contract plus options? (i.e., the current RFP shows 1 "base year" with options for years 1 through 4. I'm trying to find out: did the NYRO exercise all or part of the 4 option years after the base year for the current contractor(s)? A6. This is a new requirement. There are no Blanket Purchase Agreements currently in place. Q7. If the current contract holder is not currently performing in option year 4, can you provide the reason that the NYRO has opened this contract up for bid at this time, as opposed to continuing your option with the current contract holder (i.e., are you looking for a lower rate, were you unhappy with their performance, did the current contract holder ask to be released?, etc.)? If the current contract holder is performing in option year 4, can you advise if the current contract holder is listed as an "interested vendor" to rebid on the current solicitation? A7. This is a new requirement. There are no Blanket Purchase Agreements currently in place. Q8. Can you provide an idea of the historic volume of services requested under the previous contract in an annual period? Can you give either exact figures or an estimate of how many pages each deposition was - and/or the length of time each deposition generally lasts - whichever is easier for you to ascertain? (For example, it may be 100 depositions with each one lasting one hour, or 100 depositions with each one lasting 7 hours. In the alternative, it may be 50 depositions were 50 pages or less, 25 were 150 pages or less and 25 depositions were 300 pages or less. These would be quite different scenarios.). Any way it is easiest for you to express the historic volume would be greatly appreciated. A8. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available. Q9. Further to the question 8 above, can you advise how many of each of these depositions were ordered "regular delivery," how many were ordered "Next Day," how many were ordered "Expedite," how many were ordered using "Rough ASCII" and how many were ordered using "Real-time?" A9. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available. Q10. Can you advise how many depositions were held that a transcript was not requested to be transcribed for same? A10. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available. Q11. Further to question 10 above- there is no CLIN for a transcript that has not been transcribed. Can you advise how this service would be billed if it occurs (if it will never occur, that would answer this question as well)? A11. The SEC does not anticipate a need for transcripts that have not been transcribed. Q12. Can you advise how many depositions were also ordered videotaped historically? A12. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available. Q13. Can you advise how many depositions historically required the LEF Exhibit Linking service (either by number of deposition days or by number of exhibits - whichever is easier for you to ascertain?). A13. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available. Q14. Historically, has the NYRO made additional copies of transcripts for their own in-house use or to provide to co-counsel or opposing counsel? A14. No. Occasionally, NYRO is ordered to provide a pro se defendant with copies of a transcript. This is a rare occurrence. Q15. There is no CLIN for a default (if court reporter arrives on site and the deposition is canceled) or for "late cancellation" (If deposition is canceled after 5:00 PM the previous business day of the schedule deposition). Does this mean there is no payment if either of these instances occur? A15. If your firm’s standard commercial practice is to charge for “default” or “late cancellation,” include the pricing and information (i.e. what constitutes default or late cancellation) in your quote. Q16. There is also no CLIN for a daily minimum transcript charge. (For a deposition that goes forward, but due to minimal pages generates revenue of less than a given amount - usually $100.00). Does this mean there is no minimum transcript amount to be paid? A16. If your firm’s standard commercial practice is to charge for a daily minimum transcript charge, include the pricing and information in your quote. Q17. Although the SOW asks for ASCII files, it does not specify the Means of delivery. Would the delivery of ASCII files via email be allowed under this contract? A17. Yes, delivery of ASCII files via email will be allowed under the Blanket Purchase Agreements(s). Q18. Can you explain what the term "unrestricted acquisition" means in relation to this contract (item number iv of the solicitation)? A18. Unrestricted acquisition refers to the business size of firms responding to this request for quote. This acquisition is not restricted to a specific sized business. Q19. Can you give a description of what type of transcript services would be ordered under this contract other than depositions? (i.e., would transcription of audio tapes or wav files be requested, or court reporting services to be provided at meetings, hearings, arbitrations, etc.). A19. This procurement is only for transcript services of depositions. Q20. In item vi, I'm unsure about the difference between "video depositions" and "dvd depositions" does this mean that for depositions that are considered "video depositions" that a VHS tape would be provided and for depositions that are considered "dvd depositions" that a DVD of the proceedings would be provided? A20. Video depositions refers to the recording of the deposition and dvd refers to the physical recording. The SEC would prefer the physical recording delivered in dvd form. However, if your firm’s standard commercial practice is different, please include the pricing and information in your quote. Q21. Further to question 15 above, (if both VHS tapes and DVD's of videotapes may be requested), I note there is only one CLIN for video service. Does this mean that both of these services must be billed at the same rate, or may we include one rate for videotapes and one rate for DVD's under this same CLIN? A21. The SEC does not anticipate ordering VHS tapes of depositions. Q22. The SOW doesn't mention the amount of notice contractor will receive for engagement of services (i.e., will we be given 48 hours notice to provide services, etc.). A22. Please include your standard commercial practice for the amount of notice you require for engagement of services in your response. If there is a fee associated with “expedited” service, please include that information. Q23. Although the SOW specifically asks for the ability to provide "audio services of depositions" (item vi, C.), there is no CLIN for providing audio recording services. Does this mean that contractor may not bill for this service? A23. The SEC does not anticipate a need for audio services of depositions. We do however, expect that the video recordings will include audio. Q24. Can you provide an example of what digital media format you would like provided for the NYRO staff to edit video and audio clips of depositions? (If there is a specific software you currently use, or a file extension you would like this provided in)? This is under item vi, C. A24. NYRO is familiar with DVDs that work with the Depoview 5 program which allows viewing of videos linked to transcripts, and the expert of video and transcript clips to other programs, such as Powerpoint. Q25. Can you give an example of what you mean by "administrative means" for the NYRO to order and pay for transcripts noticed by defense counsel? (i.e., is this an on-line solution you're looking for, or a description of the manual procedure of how orders can be taken)? A25. NYRO is flexible and is looking for a feasible and consistent means to order and pay for transcripts noticed by defense counsel. Please see A5 response above for additional information. Q26. Is there a particular means of security that you prefer for security of transcripts, video and dvd depositions and archives of work products? (Item vi, F). In other words - particular software you prefer, or stated procedures you prefer? A26. No particular security is needed as long as it is clear that only the parties to a litigation can order the transcripts and video and non-parties are not allowed to order such material without consent of all the parties in the litigation or court order. Q27. The SOW specifically states that "The Government intends to award multiple BPAs." (item ix, paragraph 1), but also states in paragraph 3 of the same item:."the Government reserves the right to award a BPA to one (1) quoter." Can you advise what factors would be taken account to award a contract to one quoter? In other words - what are the criterion the government would look for that would make it most advantageous to award to one quoter (price, experience, nationwide service, etc.)? A27. In accordance with paragraph (ix) of the notice, the Government intends to award based on price, past performance and quality. Q28. I note that FAR Clause 52.232-33 "Payment by Electronic Funds Transfer" is checked. Does this mean that payment will be made by EFT for all invoices under this contract? A28. Payment will be made by Electronic Funds Transfer for all invoices under the Blanket Purchase Agreement(s). Q29. Regarding payment terms. Can you advise how many days after receipt of invoices the NYRO historically makes payment? A29. Payment terms are Net 30. The SEC strives to make payment within 30 days after receipt of a valid invoice in accordance with FAR 52.212-4(i)(2) Prompt Payment. Q30. Historically, is one invoice required per service request (per deposition), or is a cumulative monthly invoice requested for all services requested during that month? A30. The SEC expects one invoice per deposition. If this is not your standard commercial practice, include that information in your quote. Q31. Can you advise any sort of monthly or quarterly reports or other obligations (other than the creation of invoices) is required under this contract? A31. There will be no monthly or quarterly reports or other obligations required under Blanket Purchase Agreement(s). Q32. Can you advise the gamut of the types of litigation handled under this contract? Is it all securities litigation, or are matters also handled by the NYRO of more internal nature (such as employment issues, etc.). A32. Deposition Reporting and Transciption services under the Blanket Purchase Agreement(s) will be related to securities litigation.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/SEC/OAPM/PCB/SECHQ1-10-Q-0017/listing.html)
 

Place of Performance

Address: U.S. Securities and Exchange Commission, 3 World Financial Center, Room 400, New York, New York, 10281-1022, United States

Zip Code: 10281-1022
 

Record

SN02040101-W 20100114/100112234549-821412fbbb8b3ddd5ed6038c15da67d6 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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