MARYLAND PUBLIC SERVICE COMMISSION
WILLIAM DONALD SCHAEFER TOWER
6 ST. PAUL STREET
BALTIMORE, MARYLAND 21202-6806
SMALL PROCUREMENT
INVITATION FOR BIDS
for
COURT REPORTING SERVICE
VERBATIM REPORTING SERVICE CONTRACT –
MINISTERIAL PROCEEDINGS
(PSC #01-03-07)
DATE ISSUED: September 13, 2006
Invitation for Bids
Court Reporting Service
Verbatim Reporting Service Contract
Minor Proceedings
Table of Contents
I.Introduction……………………………………………………………………….
/2
II.Background……………………………………………………………………….
/4
III.Scope of Services…………………………………………………………………
/6
IV.Deliverables………………………………………………………………………
/6
V.Qualifications of Vendor and Reporter Personnel………………………………..
/9
VI.Information Required in Proposals……………………………………………...
/10
VII.Criteria for Selection……………………………………………………………...
/10
Appendix A – Proposal Form
Appendix B – Bid Proposal Affidavit
Appendix C – Contract and Affidavits
1
SECTION I – INTRODUCTION
- Objective
The Maryland Public Service Commission (“Commission”) is seeking a court reporting service to prepare and deliver transcripts of testimony given during its proceedings. The proceedings governed by this Invitation for Bids (“IFB”) are transportation matters, depositions, fuel rate and purchase gas adjustment proceedings, residential customer complaint proceedings and administrative meetings. Accordingly, the Commission is requesting submission of bids to furnish this reporting service for a period of October 1, 2006 to September 30, 2007.
- Issuing Office
The Issuing Office acting on behalf of the Commission for the purpose of administrating the bid process is:
Maryland Public Service Commission
William Donald Schaefer Tower
6 Saint Paul Street, 16th Floor
Baltimore, Maryland 21202-6806
Attention: Mr. Donald P. Eveleth
Questions regarding this IFB should be addressed to Donald P. Eveleth, Deputy Executive Secretary, Maryland Public Service Commission, at the above address, by telephone at (410) 767-8057, or email to . The sole print contract in the State of Maryland for the purpose of this IFB is the Issuing Office.
- Questions and Inquiries
Questions and inquiries must be submitted in writing to the Issuing Office and received by Noon on Thursday, September 21, 2006. The Issuing Office will answer all questions in writing. A summary of all questions and answers will be distributed to all Vendors who are known by the Procurement Officer to have obtained this IFB.
- Closing Date
The Issuing Office must receive an original and two (2) copies of any bid in response to this IFB by 1:00 p.m. on September 27, 2006, in order to be considered. Bids must be contained in envelopes marked in bold letters, “BIDS, COURT REPORTING SERVICES MINISTERIAL – PSC#01-03-07.” Vendors mailing bids should allow sufficient mail delivery time to ensure timely receipt by the IssuingOffice. Bids or unsolicited amendments to bids arriving after the closing time and date will not be considered.
- Duration of Bid Offer
Bids are to be irrevocable for ninety (90) days following the closing date of the IFB. This period may be extended by written mutual agreement between a Vendor and the Commission.
- Demonstration and Oral Presentation
Vendors who have submitted bids may be required to make individual presentations to the Commission in order to clarify their proposals. The selected Vendor will be required to demonstrate the capability of providing the full range of services requested in the IFB.
- Bid Acceptance
The Commission reserves the right to accept or reject, in whole or in part, any and all bids to waive or permit cure of minor irregularities to serve the best interest of the State. The Commission also reserves the right, in its sole discretion, to award a contract based on written bids received without prior discussion or negotiation with respect to those bids.
- Type of Contract
The Commission intends to enter into a not to exceed fixed rate contract with the successful Vendor to cover all aspects of the work.
- Addenda and Amendments
If it becomes necessary to amend any part of this request, or if additional data is necessary for the exact interpretation of the provisions of the IFB, written revisions will be sent to all Vendors that receive the initial request. Vendors will be required to acknowledge receipt of all amendments, addenda or other changes.
- Cancellation
This IFB may be canceled, in whole or in part, at any time when it is fiscally advantageous or otherwise in the best interest of the State to do so.
- Cost of Bid Preparation
Any costs incurred by Vendors in preparing or submitting bids are the sole responsibility of the Vendors. The State of Maryland will not reimburse any Vendor for any costs incurred in making a bid or subsequent pre-contract discussions or negotiations.
- Minority Business Enterprise Notice
Minority business enterprises are encouraged to respond to this Invitation for Bids.
- Affidavit Requirement (Contract)
All Vendors are required to submit, with the bid; a completed fully executed Bid Proposal Affidavit (Appendix B) and Small Procurement Contract and Contract Affidavit (Appendix C).
- Public Information Act Notice
Vendors should specifically identify those portions of their bids that they deem to be confidential, proprietary information or trade secrets. Vendors must provide justification as to why such materials should not be disclosed by the State under the Access to Public Records Act, State Government Article, §§ 10-611 - 10-630,Annotated Code of Maryland.
- Arrearages
By submitting a response to this IFB, a Vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become in arrears during the term of the contract if selected for contract award.
- Protests
The exclusive method for any protest by a Vendor of any element of the selection process under this IFB is pursuant to the provisions of the State Finance and Procurement Article, Title 12, Annotated Code of Maryland. Vendors are cautioned to comply with all specified deadlines for consideration of any protest.
SECTION II - BACKGROUND
General Information
The Commission was established in 1910 by the Maryland General Assembly and given regulatory jurisdiction over public utilities operating in the State.
The fact-finding hearings conducted by the Commission are both adjudicatory and legislative in nature. The adjudicatory hearings are adversarial proceedings conducted within the general framework of judicial procedures and evidence. Parties to the proceedings place evidence into the record and cross-examine one another's witnesses. The decision rendered by the Commission must be based upon the evidence on the record.
Typically, fuel rate and purchase gas proceedings involve the testimony of managers, engineers, accountants, statisticians, financial consultants, economists, and other experts who can provide evidence pertaining to the complicated management, accounting, financing, rate design and services issues pending before the Commission. During the last year proceedings under a procurement identical to this IFB produced approximately 400 of pages of transcript. Language and terms used in Commission proceedings are unique to the field of utility regulation and include a wide array of acronyms.
Transportation matters typically include passenger complaint proceedings, regulation violation proceedings, and driver license proceedings. In addition to the evidentiary hearings, the Commission holds approximately 48 Administrative Meetings each year that are legislative in nature. Administrative meetings like evidentiary hearings involve language unique to the utility field and include a wide array of acronyms.
SECTION III - SCOPE OF SERVICES
- General
(1)This Invitation for Bids (“IFB”) and the ensuing contract will cover the requirements for the verbatim reporting or the transcription of proceedings conducted by the Commission. The Vendor shall furnish all labor, material and supplies in connection with the performance of this contract, unless otherwise agreed to by the Commission.
(2)In this IFB, "proceedings" means, but is not limited to, prehearing conferences, case hearings, oral arguments, depositions, and informal conferences involving transportation matters, fuel rate, purchase gas adjustment and individual v. company complaint cases, as well as administrative meetings (typically legislative format), that may require a verbatim transcript.
(3)All spoken testimony, argument, comments, instructions, objections, and other verbal statements shall be reported and no part of the required transcript shall be omitted from the record, unless directed otherwise by the Presiding Officer. Nothing spoken at a proceeding shall be "off the record" unless so designated by the Presiding Officer.
(4)The Commission reserves the right to use local reporting services for proceedings in the extreme areas of the State and reserves the right to call on other reporting services in the event the Vendor is unable to provide the required services under the contract.
(5)The Commission reserves the right to use its own recording equipment to record a proceeding and to request that the selected Vendor provide transcription services only. Commission recordings will be primarily digital audio recordings and occasionally audio tape recordings.
- Volume of Work
(1)The Commission anticipates between 500 and 1,000 pages of transcript from in-person court reporting services and less than 50 pages of transcript from transcription services only.
(2)The Commission does not warrant any business volume and shall not be held responsible for volumes greater or less than those anticipated or experienced. By submission of a bid proposal, the bidder agrees to hold the Commission harmless with regard to any estimates of anticipated work volume.
SECTION IV - DELIVERABLES
- Requests for and Availability of Reporting Personnel (Mandatory Requirement)
(1)The Vendor shall have at least two (2) qualified reporters available on any one day to accommodate multiple Commission proceedings after one (1) day’s notice from the Commission.
(2)The Vendor shall have at least one (1) qualified reporter available on one-half hour’s notice for an unscheduled day, evening, holiday or Saturday Commission proceedings. ( This requirement has not been exercised during the last 2 contract years)
(3)The Vendor shall provide the required number of qualified reporters willing to cover the entire State of Maryland for day and evening, as well as holiday and Saturday hearings, when scheduled by the Commission.
(4)The Vendor may not use unapproved reporters or subcontractors without the written authorization by the Commission. (See Section V B.)
- Transcript Requirements (Mandatory Requirement)
(1)Transcript pages shall be 8½” x 11” size (paper form) containing a minimum of twenty-three (23) numbered lines with the numbers printed outside and adjacent to the left margin of each reporting page. The left-hand margin to the reported material shall not exceed 1½” and a maximum right-hand margin of ⅜.” Whenever testimony is continuous, requiring more than one line, the text shall begin as close as possible to the left-hand margin.
(2)All transcripts (paper form) shall have black typed characters on white bond or other paper approved by the Procurement Officer. Any required copy shall have sharp, dark typing and be capable of reproduction. All copies shall be easily readable. Faintly printed copies are not acceptable. Typing shall be ten (10) spaces to the inch, double-spaced and in a type font acceptable to the Procurement Officer.
(3)Each volume of a transcript, both paper and electronic copy, shall begin with a title page or pages, showing the caption of the case, case number, time, date and location of the proceeding, Presiding Officer or officials, name of parties appearing in the proceeding and the organizations represented, and the name of the court reporter or reporters. Each transcript volume shall contain an index indicating: (1) the name of the witness and the name(s) of attorneys examining the witness, with the appropriate transcript reference page; and (2) exhibits introduced into evidence, with the appropriate transcript reference page.
(4)Each transcript page and volume in any one proceeding shall be numbered consecutively. Subsequent proceedings involving the same case number shall continue the page and volume numbering sequence. Each volume shall have a front and back cover and meet the following requirements:
(a)The front cover shall be clean, firm transparent plastic; back cover shall be white or colored, 140 lb. index paper #1, sulfite paper, heavy weight plastic or a similar material approved by the Procurement Officer;
(b)Be bound with a permanent fastener approved by the Procurement Officer.
(5)The Vendor shall provide the Commission with one (1) original and one (1) copy in paper form, one (1) copy in an approved electronic format (computer format), and one (1) copy in a compressed format of the transcript developed at each proceeding. The Vendor shall have the exclusive right to sell transcripts of the proceedings to participants at the prices contained in the contract awarded under this IFB.
(6)Unless otherwise instructed by the Presiding Officer, the Vendor, when providing in person reporting services, shall be responsible for keeping exhibits introduced at hearings in good order and condition and shall promptly return them to the Commission after use in preparation of the appropriate transcript.
(7)When requested by the Commission to provide in person reporting services, the taking of testimony shall be by stenotype machine, by oral repetition with a mask into a tape, tape recording or such other method determined to be satisfactory by the Commission. A Vendor taking testimony by tape recording must have a person present during the recording who is capable of monitory the recording, providing play-back when necessary, and performing all other tasks required of a reporter under this IFB (i.e., IV, B. 6 and 9).
(8)The Vendor shall make the reporting personnel available at night, weekends, and holidays for the reading of excerpts of testimony by telephone when requested by the Commission. (Note: This would be very infrequent, if at all).
(9)When in person reporting services are provided, all final transcripts shall be proofread by the reporter taking the testimony or a reporter present during the proceedings to ensure complete accuracy, unless specifically exempted by the Procurement Officer. Any corrections to completed transcripts shall be at the expense of the Vendor.
(10)(a)When in person reporting services are provided, a final, fully-edited transcript may not contain an error rate of more than one error per five pages of transcript.
(b)When providing transcription services from Commission provided recordings, the transcript may not contain an error rate of more than two errors per page of transcript.
(c)The failure to meet the maximum error rate requirement shall be a sufficient ground for terminating the contract. The Procurement Officer shall be solely responsible for determining whether a given transcript meets the maximum error rate requirement. The failure to enforce the maximum error rate requirement shall not be construed as a waiver of either the requirement or the related contract termination provision.
- Delivery of Transcripts (Mandatory Requirement)
(1)Final, fully-edited transcripts (both paper and electronic copy) shall be delivered to the Commission, within ten (10) working days of the date of the proceeding, except as provided in (2) below or if a time extension is granted by the Presiding Officer.
(2)When requested by the Presiding Officer, the Commission or a party in a proceeding, “next day” or “expedited” transcript service shall be provided by delivering to the Commission, and to the requesting party a “next day” or “expedited” completed and fully-edited transcript by 10:00 a.m. on the due date.
(1)(a) Final, fully-edited transcripts (original, one copy, compressed copy and the electronic copy) shall be delivered by courier to the Commission during regular business hours.
(b) Copies of transcripts and electronic copy shall be delivered to a requesting party during regular business hours with postage or other transportation charges fully prepaid. The delivery cost is to be included as part of the page rate to be charged to a party.
(2)The selected Vendor shall be capable of providing the following delivery options:
(a)Regular paper copy transcript - 10-day, expedited or next day; and
(b)Electronic copy in ASCII or other approved electronicformat - 10-day, expedited or daily.
- Appearance (Mandatory Requirement)
(1)The Commission will pay an appearance fee for each day of a proceeding, ONLY if the dollar value for all copy sales for that proceeding day does not exceed the dollar value bid for appearance fee.
(2)A single appearance fee as bid and awarded in the applicable Schedule of Rates, contained herein as Appendix “A,” shall be paid for each proceeding each day by the Commission, if required by Item D (1) above. The maximum number of appearance fees payable shall be one (1) for any one day regardless of the total number of different proceedings transcribed during that day by one report, except that an additional appearance fee shall be payable for an appearance by a reporter at an evening hearing session.
(3)The appropriate single appearance fee as bid and awarded in Appendix “A” will be paid if, after appearance by the reporter, the Presiding Officer elects to dispense with the taking of testimony and furnishing of transcripts or if noted by the Presiding Officer that scheduled proceeding on that day has been postponed or canceled.
(4)The failure to appear at a Commission proceeding shall be a sufficient ground for terminating the contract. The Procurement Officer shall be solely responsible for determining whether appearance requirements are met. The failure to enforce appearance requirements shall not be constructed as a waiver of either the requirements or the related contract termination provision.
- Confidentiality
The Vendor and all reporters shall hold in the strictest confidence any and all information that may be gained during the performance of service under this contract. Confidential transcripts or portions of a transcript shall be available to only parties authorized by the Commission. Violation of this requirement will subject the Vendor to immediate termination at the discretion of the Procurement Officer.
- Copying of Transcripts by the Commission
The Commission reserves the right to duplicate with their own facilities additional copies of any transcript furnished by the Vendor for their own use. The Commission also reserves the right to duplicate, with its own facilities, additional copies forany persons who did not participate as a party in the proceeding for which the transcript was prepared.