06 RFB WRITTEN.pdf

REQUEST FOR BID

WRITTEN FOREIGN LANGUAGE

TRANSLATION SERVICES

Request for Bid #28279-CN

Issued: May 21, 2018

Responses Due: June 15, 2018 at 2:00

PM CST

Written Foreign Language Translation Services

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 Overview of Procuring Agency, Background and Objectives

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 WISCONSIN eSUPPLIER PORTAL REGISTRATION

1.8 RESPONDING TO BID REQUIREMENTS

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 Qualification and Requirement - Years in Business

2.2 Qualification and Requirement - Services Performed in United States

2.3 Qualification and Requirement - Qualified Translators

2.4 Qualification and Requirement - Core Languages

3 GENERAL MANDATORY REQUIREMENTS

3.1 General Mandatory Requirement - Multiple Billing Addresses

3.2 General Mandatory Requirement - Materials to Translate

3.3 General Mandatory Requirement - Translation Requirements

3.3.1 Translation Requirement - Lowest Comprehension Level

3.3.2 Translation Requirement - Dialects or Variants

3.3.3 Translation Requirement - Culturally Sensitive Translations

3.3.4 Translation Requirement - Use of Commercial Translation Software

3.3.5 Translation Requirement - Second Translator Proof-Read

3.3.6 Translation Requirement - Text excluded from Translation

3.3.7 Translation Requirement - Page Format

3.3.8 Translation Requirement - Ownership

3.3.9 Translation Requirement - Translator/Proofreader

3.3.10 Translation Requirement - Errors in Content or Grammatical Errors

3.4 General Mandatory Requirements - Reporting Requirements

3.5 General Mandatory Requirements - Disaster Recovery Plan

3.6 General Mandatory Requirements - Purchasing Methods

3.7 General Mandatory Requirements - Invoicing and Billing

4 TECHNICAL REQUIREMENTS

4.1 Technical Requirement - Proficiencies

4.2 Technical Requirement - Delivery Times for Work Orders

5 SPECIAL TERMS AND CONDITIONS OF BID

5.1 Special Terms and Conditions - Sample Contract

5.2 Special Terms and Conditions - Liquidated Damages

5.3 Special Terms and Conditions - Payment Terms

5.4 Special Terms and Conditions - Agency Specific Glossary of Terms

5.5 Special Terms and Conditions - Proofreading Only

5.6 Special Terms and Conditions - Revisions to Previously Translated Documents

5.7 Special Terms and Conditions - Layout Services

5.8 Special Terms and Conditions - Work Orders

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5.9 Special Terms and Conditions - Electronic Format for Translation

5.10 Special Terms and Conditions - Transmission of Documents

5.11 Special Terms and Conditions - Errors or Omissions to Translated Documents

5.12 Special Terms and Conditions - Purchasing Card

6 PERFORMANCE AND SUPPORT REQUIREMENTS

7 CERTIFICATES OF INSURANCE

8 BUSINESS ASSOCIATE AGREEMENT

9 CONFIDENTIALITY AND ETHICS

10 FRATERNIZATION/AGENCY WORK RULES

11 CANCELLATION AND TERMINATION

12 METHOD OF BID

13 REQUESTING PRICE ADJUSTMENTS

14 BID PROCEDURE AND INSTRUCTIONS

14.1 CALENDAR OF EVENTS

14.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

14.3 REASONABLE ACCOMMODATIONS

14.4 BIDDER CONFERENCE

14.5 SUBMITTING A BID

14.5.1 Electronic Bid Submittal (Strongly Preferred)

14.5.2 Hard Copy Bid Submittal

14.5.3 Building Security Policy

14.6 INCURRING COSTS

15 FORMAT OF BID RESPONSE

16 BID REVIEW

17 BID ACCEPTANCE AND AWARD

17.1 BID OPENING

17.2 BID ACCEPTANCE

17.3 METHOD OF AWARD

17.4 BIDDER REFERENCES/CLIENT LIST

17.5 USE OF SUBCONTRACTORS

18 SUPPLIER DIVERSITY

18.1 MINORITY-OWNED BUSINESS ENTERPRISE

18.2 VETERAN-OWNED BUSINESS

18.3 DISABLED VETERAN-OWNED BUSINESS

18.4 WOMAN-OWNED BUSINESS ENTERPRISE

19 PROHIBITION OF DISCRIMINATORY BOYCOTTS OF ISRAEL

20 DEBARMENT

21 AWARD NOTIFICATION

22 PROTEST AND APPEALS PROCESS

22.1 PROTESTS

22.2 APPEALS

23 REQUIRED FORMS

24 COST STRUCTURE AND INSTRUCTIONS

24.1 CORE LANGUAGES - PRICING FOR WRITTEN TRANSLATION

24.2 CORE LANGUAGES - PRICING FOR PROOFING

24.3 CORE LANGUAGES - PRICING FOR LAYOUT

24.4 CORE LANGUAGES - DISCOUNT FOR MULTIPLE LANGUAGES

24.5 NON-CORE LANGUAGES - PRICING FOR WRITTEN TRANSLATION, PROOFING,

LAYOUT AND DISCOUNTS

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1 INTRODUCTION AND PURPOSE

The State of Wisconsin (State), as represented by its Department of Administration (DOA), State Bureau of Procurement (SBOP), requests bids for the purchase of Written Foreign Language Translation Services.

The contracts that will result from the RFB will be mandatory for all State agencies and optional for the UW system and campuses. Cooperative groups (e.g. municipalities, school districts, tribal governments, etc.) may also utilize these contracts. Collectively referred to "Authorized Users". Authorized Users are located throughout the State of Wisconsin.

Many state agencies, in order to meet the needs of their customers and comply with federal civil rights statues, specifically Title VI of the Civil Rights Act of 1964 (Title VI); Section 504 of the Rehabilitation Act of 1973 (Section 504); and The American with Disability Act of 1990 (42 U.S.

C. 12131) must publish vital documents or information in multiple languages. To accomplish this, the agencies contract with contractors to translate these vital documents into the "target" language(s) or from the "target" language to English. This contract will not provide for printing of translated materials.

Clients of state agencies may include, but is not limited to mental health patients, children, families affected by domestic violence, child abuse and neglect, sexual assault victims, convicted and/or incarcerated offenders, the elderly, criminal witnesses and defendants, individuals with disabilities, students, customers and employees and individuals with different immigration statuses.

Core languages are those most likely to be needed under this contract, however, any language currently in use could be needed at any time. Bidder must, at a minimum be able to provide services for all core languages.

Core languages for the purpose of this RFB are: Albanian, Amharic, Arabic, Bosnian, Burmese, Chin, Chinese/Cantonese, Chinese/Mandarin (simplified), Croatian, Farsi (Persian), French, Hmong, Karen (Burmese), Khmer (Cambodian), Kinyarwanda/Kiswahili, Korean, Lao, Nepali, Polish, Rohingya, Russian, Serbian, Somali, Spanish, Thai, Vietnamese.

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1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency:

an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Authorized Users:

includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Bid:

a price quotation specifically given to a prospective purchaser by a prospective seller;

a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bid Factor:

An element of the bid that does not appear in the RFB document but the bidder or proposer must respond to. Bid factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder: a person or firm that responds to this Request for Bid.

Buying Agency:

any entity using this contract to purchase services.

CST: Central Standard Time

Client:

non-English speaking customer of the buying agency.

Contract:

the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

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Contractor:

the person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Contract:

the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

the Agency employee responsible for oversight of the implementation, administration and completion of the Contract.

Contract Manager:

the employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and

2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Contractor:

the person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Core Language:

Languages identified as most frequently used by buying agencies. For the purposes of this RFB the core languages are: Albanian, Amharic, Arabic, Bosnian, Burmese, Chin, Chinese/Cantonese, Chinese/Mandarin (simplified), Croatian, Farsi (Persian), French, Hmong, Karen (Burmese), Khmer (Cambodian), Kinyarwanda/Kiswahili, Korean, Lao, Nepali, Polish, Rohingya, Russian, Serbian, Somali, Spanish, Thai, Vietnamese.

CST: Central Standard Time

Cultural Awareness Training:

Training that underscores the idea that culture is dynamic and that we are living in an ever-changing multicultural society. Cultural awareness reminds us constantly that new populations are entering our workforce and community and we must be cognizant of these ever-changing dynamics. Cultural awareness training is different than civil rights training.

Cultural awareness training topics normally include the following elements: a. Norms (how

Page 6 RFB #28279-CN people behave); b. Values (what is important to people); c. Beliefs (what people think about something); d. Symbols (how people express themselves through art, stories, music, language, etc.); and e. Practices (customs or patterns of behavior that may not be connected to beliefs and values.

Department: means the Wisconsin Department of Administration

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.283, Wis. Stats.

Errors & Omissions:

any error or omission of words, sentences, or paragraphs that change the content of the document, including but not limited to context, grammar, spelling and syntax.

Glossary of Terms or Agency Specific Glossary of Terms:

Compilation of standard terms, specific to a buying agency, and their accepted target-language equivalent.

HIPAA:

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security and Breach Notification Rules.

Limited English Proficiency (LEP):

Limited English Proficiency means and individual who does not speak English as their primary language and has limited ability to read, speak, or write or understand English

Language Translation Work Order Request Form:

Form submitted to the Contractor with the source document detailing the buying agency's expectations for that work order.

(See APPENDIX E: LANGUAGE

TRANSLATION WORK ORDER REQUEST).

Minority Business Enterprise (MBE):

a business that has been certified by the Department of Administration under §16.287, Wis. Stats.

Municipality:

any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (s. 16.70(8), Wis.

Stats.).

Must:

Required that the Bidder complies with this requirement. Can be used interchangeably with "shall".

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Notice of (Intent to) Award:

a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

Purchasing Card (p-card):

a charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

Procurement Specialist:

the individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions

Request for Services (RFS):

when the buying agency solicits contractors to compete for assignments lasting more than 100 hours or 25,000 words.

RFB: Request for Bid

Contractual Services or Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

SBOP: State Bureau of Procurement.

Shall:

Required that the Bidder complies with this requirement. Can be used interchangeably with "must".

Source Document:

original, non-translated, version of the document

Specification:

a descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement".

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Target Language: the non-English language requiring translation/interpretation

Word Count:

is the number of words in a document or passage of text using MicroSoft Word, word count feature.

Work Order: specific translation assignment of work to the contractor

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Administration (DOA), State Bureau of Procurement (SBOP) requests bids for the purchase of Written Foreign Language Translation Services and intends to use the results of this process to award a contract. The State does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay minimum contract price during the term of the Contract.

APPENDIX B: WISCONSIN FOREIGN BORN POPULATION GUIDE has been provided in the RFB Supporting Documents. This guide has been provided for informational purposes only and provides a list of all refugees who arrived through the Department of State to the State of Wisconsin.

1.2.1 Overview of Procuring Agency, Background and Objectives This request for Bid (RFB is issued by the Department of Administration, State Bureau of Procurement which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is:

Cathy Neidner, Procurement Specialist - Senior Wisconsin Department of Administration State Bureau of Procurement 101 East Wilson Street, 6th Floor P.O. Box 7867 Madison, WI 53707-7867 email: catherine.neidner@wisconsin.gov

The contract resulting from this RFB will be administered by the Wisconsin Department of Administration.

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1.3 CONTRACT TERM

This Contract will run for an initial two (2) year period. The State and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) year periods. The Contract shall be effective on the date it is executed. If no formal Contract is executed, the effective date of the Contract is the date of the Purchase Order.

The RFB documents, the awarded Bidder's response as accepted by the State and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

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1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities.

Bidder Must complete Section 5: Wisconsin's Cooperative Purchasing Service (DOA- 3832) APPENDIX A: BIDDER REQUIRED FORM which is included in the Supporting Documents.

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1.7 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders registered with the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) will receive future official notice for this service/commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal at https://esupplier.wi.gov to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Bidders may use the same Web site address for inclusion on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a State agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000.

Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive e-mail notices of these simplified bid opportunities.

1.8 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Procuring Agency shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the Procuring Agency with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the Procuring Agency as itemized questions that require an affirmative response from you that you can meet them (i.e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

https://esupplier.wi.gov

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2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

Failure to meet a qualification will disqualify your Bid. However, the State reserves the right to waiver any qualification if no Bidder is able to satisfy the qualification.

Before the award of any contract, the State shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this bid. It is the Bidder's responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

2.1 Qualification and Requirement - Years in Business

Bidder must be in the business of performing written translation services for the past three (3) years.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

2.2 Qualification and Requirement - Services Performed in United States Pursuant to Wisconsin State Statute 16.705, all services provided under this contract must be performed in the United States. Documents may not be forwarded to individual translators outside of the United States. Any bidder that cannot guarantee they meet this requirement will be disqualified.

Please note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

2.3 Qualification and Requirement - Qualified Translators

All translators provided under this contract are expected to be qualified competent translators.

Qualified translators must be able to demonstrate proficiency in English and a second language, demonstrate knowledge in both languages of relevant specialized terms and concepts.

Translators must demonstrate their competency of the culture of the LEP language group being serviced. Cultural awareness training topics normally include an in-depth understanding of the norms, values, beliefs, symbols, practices, languages and terminology of the LEP language group.

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2.4 Qualification and Requirement - Core Languages

The majority of the written translations will be from English to either Spanish or Hmong.

Occasionally, documents may be required to be translated into multiple languages. In some cases, where the form was in the target language, the participant's response may need to be translated back to English for use by staff.

Bidders must, at a minimum be able to provide written foreign language translation services for all core languages.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

3 GENERAL MANDATORY REQUIREMENTS

Conditions of this Bid that include the word "must" and "shall" describe a mandatory requirement. Failure to meet a mandatory requirement shall disqualify the Bid. The State reserves the right to delete any specification or condition in the RFB if no Bidder is able to comply with the given specification or condition of the RFB.

The requirements in this section are mandatory and the Bidder must satisfy them. If the Bidder cannot meet ALL the mandatory requirements, the Bid will be removed from further consideration. In the event there is an individual mandatory requirement that no Bidder is able to meet, the State reserves the right to eliminate that individual mandatory requirement; in such case, the State shall continue the evaluation of Bids. All mandatory requirements are minimums unless otherwise stated. Failure to meet these mandatory requirements may result in disqualification of the bid.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

3.1 General Mandatory Requirement - Multiple Billing Addresses Bidder must be able to accommodate multiple billing addresses for each buying agency and have the ability to accommodate unlimited agency accounts numbers and/or billing addresses.

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3.2 General Mandatory Requirement - Materials to Translate

Bidder must be able to translate a variety of materials, including but not limited to:

• Forms

• Publications

• Brochures

• Pamphlets

• Booklets

• Letters

• Signs/Posters

• Web Content

• Regulations

• Curriculum

• Training Materials

3.3 General Mandatory Requirement - Translation Requirements

3.3.1 Translation Requirement - Lowest Comprehension Level

All documents must be accurately translated at the lowest comprehension level consistent with the original (English) document.

3.3.2 Translation Requirement - Dialects or Variants

Unless a specific dialect is selected, all documents must be translated so that the material is understandable to the broadest groups and greatest numbers of individuals speaking different dialects or variants of the target languages as reasonably possible. Bidder must utilize the agency's glossary of terms if specified in the Language Translation Work Order Request Form.

The contractor must notify the buying agency if any terms or phrases need to be added to the glossary.

3.3.3 Translation Requirement - Culturally Sensitive Translations

Bidder must provide culturally sensitive translations that will note offend the target populations.

3.3.4 Translation Requirement - Use of Commercial Translation Software

Bidder may use commercial software for preliminary translation of the document.

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3.3.5 Translation Requirement - Second Translator Proof-Read

Included in their standard pricing, Contractor must have a second translator manually proof-read all translated documents to ensure correct spelling, accuracy, continuity, compliance with these standards, and compliance with the buying agency's glossary of terms.

3.3.6 Translation Requirement - Text excluded from Translation Bidder shall not translate the following, unless stated in the buyer's agency glossary of terms or Language Translation Request form (these shall not be considered special services and must be included in the standard price):

• Headers and Buying Agency Names, e.g. Department Name, Division Name, etc.

• Street or Website addresses

• Contact Names and Phone Numbers

• References to laws and statutes, e.g. Wis. Stat. 543(2)

• Text within boxes marked "For Office Use Only"

• Program Names or their Acronym, e.g. BadgerCare Plus, Forward Health, WIC (Women, Infants, and Children)

• Any additional text that the buying agency requests not to be translated on the

Language Translation Request form.

3.3.7 Translation Requirement - Page Format

The title of translated documents must be displayed using "Title Case" format. The English title is to be displayed beneath in small font using all caps, e.g.:

Avisos y Consentimientos de Admisio´n

ADMISSION NOTICES AND CONSENTS

All page references in the translated document must be accurate and verified by the Bidder.

Captions describing any existing graphics must remain with the graphic.

If necessary, page breaks must be adjusted to accommodate the translated content.

3.3.8 Translation Requirement - Ownership

All translated documents must remain the ownership of the buying agency.

3.3.9 Translation Requirement - Translator/Proofreader

The submission of the translated document must include the name of the original translator and the date completed, as well as the name of the proofreader and the date completed.

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3.3.10 Translation Requirement - Errors in Content or Grammatical Errors Previously translated documents, which may or may not have been translated by the bidder, shall only be corrected for error in the content or grammatical error, not changes based solely on personal preference.

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3.4 General Mandatory Requirements - Reporting Requirements

The State requires that reports be provided in Microsoft Excel editable format and delivered via email to the DOA Contract Manager and/or the requesting Agency. Reports shall be due no later than 15 business days following the end of the calendar quarter. A report is required even if the Contractor experiences zero sales during a quarter.

Using the report template provided as APPENDIX C: REPORT TEMPLATE a summary report of activities and expenditures must be submitted at the end of each quarter of the calendar year (March 31, June 30, September 30 and December 31) for the duration of the contract. This report must include all State activities and expenditure performed in the scope of this contract.

The following fields appear on Appendix C and at a minimum shall be reported:

• Date

• Purchase Order Number (if applicable)

• Buying Agency Staff Contact

• Agency

• Division/Bureau

• Total Spend

An annual summary report of activities and expenditures must be submitted at the end of each calendar year (December 31) to the DOA Contract Manager. This report must include all of the fields specified above rolled up to an annual summary of the corresponding, four quarterly summary reports.

Contractor must also furnish a quarterly MBE participation report that must include the following information:

• MBE Name

• MBE address

• FEIN of MBE

• Commodities/Services Provided

• Total Spend

At time of contract award and/or implementation, Contractor shall provide DOA Contract Manager with detailed information on their reporting capabilities including reportable data elements and sample reports, if requested.

The State reserves the right, at no additional cost, to request customized reports upon request.

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The Contractor shall use commercially reasonable efforts to provide such reports in a reasonable time frame but no later than 10 business days from the time the request was submitted.

3.5 General Mandatory Requirements - Disaster Recovery Plan

Bidders must have a disaster recovery plan in place. If requested by any buying agency, Bidder must submit a copy of the plan at any time during the contract.

3.6 General Mandatory Requirements - Purchasing Methods

Bidder must be able to accept all of the following purchasing methods:

• Specific Purchase order place for one-time services

• Blanket-Type purchase orders issued for the State's fiscal year time (July 1 - June

30) to allow departmental personnel to call or fax for product or service as needed.

• Direct Payment - the Contractor will bill directly for individual services as performed without issuance of a purchase order.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

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3.7 General Mandatory Requirements - Invoicing and Billing

State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is made, the ordering agency must verify that all invoice charges are correct and financial conditions are in compliance with the contract. Only properly submitted invoices will be officially received for payment. Prompt payment requires that invoices be clear, complete and in compliance with the conditions of the Request for Bid and subsequent purchase orders.

Invoices will be prepared at the end of every calendar month and delivered to the agency no later than the 15th day of the calendar month immediately following the month being invoiced for. Buying agencies may require invoices to be submitted electronically, via e-mail.

Contractors must accommodate any such requests.

The original invoice must be sent to the bill-to address on the purchase order. All invoices must be itemized, at a minimum with the following information:

• Purchase Order Number (if applicable)

• Vendor Name

• Remit to address

• Complete description of the service provided

• The document title

• Language(s)

• Number of English words

• Price per word

• Form or Publication number of the translated document (if provided)

• If layout was authorized, the number of hours and hourly rate being billed.

The Contractor will be paid after goods and/or services have been delivered, installed (if required) and accepted as specified. A good faith dispute creates an exception to prompt payment.

Revisions to previously translated documents shall be invoiced on the standard translation rate for that language and only for the number of words changed.

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4 TECHNICAL REQUIREMENTS

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included in your paper bid submission.

4.1 Technical Requirement - Proficiencies

Some agencies require translation of medical/HIPAA compliant, scientific, educational, or legal terminology. To be considered as having any of these specialized skills, the translators must have completed formal training in them, either from an educational institution or from the contracting agency. Bidders must specify for each language which, if any, specialized skills they claim ability to accurately translate. Agencies that require those specialized skills will select a contractor with the appropriate proficiencies.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If

4.2 Technical Requirement - Delivery Times for Work Orders

Deadlines for completed translations will be stated in the Language Translation Work Order Request Form. Pricing will be established for three (3) standard delivery times:

One (1) business day delivery rate (limited to 1000 words or less) Five (5) business date delivery rate (limited to orders of 5000 words or less) Fifteen (15) business date delivery rate (the turnaround will be determined at the time the Language Translation Work Order Request is submitted to the Contractor).

Work orders that require delivery times that fall between these standard delivery times may be billed at the shorter delivery rate, e.g. three business day delivery is priced at the one business day delivery rate. The buying agency may negotiate rates for larger documents, beyond the limited stated above that delivery time, if necessary.

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5 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own contract document as a substitute for the State's Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

5.1 Special Terms and Conditions - Sample Contract

The intended result of the RFB is to enter into a contractual agreement with the selected Bidder (s). A Sample Contract has been provided as APPENDIX G: SAMPLE CONTRACT.

The contract specifically incorporates by reference all the mandatory requirements and Specifications of the Bid Sections including:

• Mandatory Bid Requirements

• Conditions specific to this Bid

• Pricing structure

If DOA, in its sole discretion, determines that it is in the best interests of the State to do so, it may agree with the selected Bidder to negotiate some of the contract terms or the special conditions of the Bid. However, such negotiations may not affect the method of award, disadvantage another Bidder or affect the scope of the Bid.

As with any contract, once executed, both parties will be expected to meet and perform all of its respective contract obligations. Failure to do so will subject that no-performing party to various contract remedies.

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5.2 Special Terms and Conditions - Liquidated Damages

The State may suffer damages due to Bidder's lack of performance of certain terms and conditions of the resulting contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non- performance, the Procuring Agency will impose the following liquidated damages for the performance failures listed below.

• Contractor fails to provide written document(s) within the agreed upon due date on the Language Translation Work Order Request Form. The amount of liquidated damages will be the difference between the Contractor's contract rate and the rate incurred by the buying agency obtaining services through another Contractor.

• Contractor provides the written document(s) within the agreed upon due date, however, errors or omissions are found. The Contractor shall, as liquidated damages, issue credit to the buying agency for all costs incurred for the translation and shall provide corrected document(s) at no additional charge to the buying agency within the time period requested.

The buying agency, at it's option, may deduct liquidated damages from any money payable to the Contractor or may bill the Contractor as a separate item

5.3 Special Terms and Conditions - Payment Terms

Payment will not be made until the service is determined to meet all Specifications, requirements and deliverables and has been accepted by the Procuring Agency.

5.4 Special Terms and Conditions - Agency Specific Glossary of Terms Each buying agency may create their own specific glossary of terms for their agency. When submitting a work order to the Contractor the buying agency will specify if a glossary exists, and will either submit the glossary with the work order or specify, on the work order transmittal form, where the glossary can be accessed via the Internet. The Contractor will be responsible to utilize that glossary when translating and proofing the document being translated. The glossary of terms may additionally include general rules about translation of that agency's documents, such as translation of titles, headers, addresses, etc. that may deviate from the standard specifications under this contract.

During the course of translation, if the Contractor identifies any new terms or phrases that don't have an equivalent in the target language within the translated document that should be added to the agency's glossary of terms, the Contractor is expected to submit that information to the agency and the translation of the term used with the final translated document.

APPENDIX D: SAMPLE GLOSSARY OF TERMS has been provided for reference purposes only and exemplifies what an agency specific glossary might look like.

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5.5 Special Terms and Conditions - Proofreading Only

There may be occasions that a Contractor is asked to proof a previously translated document.

This document may have been translated by another Contractor or their own company in a previous work order.

In the course of proofreading the document the Contractor is expected to correct any grammatical errors or errors in content only. The Contractor should not make changes that are based solely on personal preference.

Proofreading is charged by the word and based on the MS Word word count.

5.6 Special Terms and Conditions - Revisions to Previously Translated Documents There may be occasions when a previously translated document must be updated to reflect revisions made to the original English document. Pricing is based on the standard translation rate for that language and is only for the number of words changed. If the new updated information triggers changes elsewhere in the document those changes should be made as well and may be billed accordingly.

5.7 Special Terms and Conditions - Layout Services

Buying agencies may request layout services for additional manipulation/preparation by the Contractor to result in the output having a format other than what was provided in the English language version. The desired result may be "camera-ready-copy" (which can be submitted to commercial printing Contractors) or it may be a format allowing the buying agency to insert non-translatable items (graphics) that do not change with the language of the document. Camera-ready-copy is especially likely to be needed in target languages in which specialized alphabets or characters/diacritical marks or accents make formatting difficult for someone who does not understand the target language. The buying agency may provide graphics for the Contractor to insert into the text, or it may require the Contractor to leave adequate white space for subsequent insertion of graphics.

Layout Services may also include Forms to be formatted by the Contractor. When formatted, the result must be comparable to standards that the buying agency communicates to the contractor verbally or by sample. Some forms may need to include sufficient English to allow the buying agency staff to identify the translated questions being asked on the form. The buying agency will provide details at the time of work order.

Layout will generally not be a part of the work order requested. Layout is billable only when specifically requested by the buying agency on the Language Translation Work Order Request Form and must be billed as an hourly rate.

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5.8 Special Terms and Conditions - Work Orders

Buying agencies will submit work orders as needed. Work orders submitted will include a Language Translation Work Order Request Form. (See APPENDIX E: LANGUAGE

TRANSLATION WORK ORDER REQUEST FORM).

Most orders will be submitted to the Contractor via email with the Language Translation Work Order Request Form and source documents attached.

For significantly large work orders, exceeding 25,000 words total, the buying agency may conduct a Request for Service (RFS). The RFS will specify the language needed, any proficiencies required, the date work must be completed, how to respond to the RFS, the RFS due date and any other pertinent information. RFS pricing may supersede contract pricing for that assignment provided it is not greater than the contract pricing. All other contract terms for Written Translation services will still apply when an RFS is conducted.

Contractors are expected to accept work orders only when they are confident that they can produce the translated document within the delivery time required on the Language Translation Work Order Request Form. If the Contractor cannot complete the translation in the delivery time requested, the Contractor must contact the buying agency within 4 business hours to decline the work order. The Contractor will not be penalized for declining work orders, if done so within the 4 business hours. If a work order is ordered and accepted by the Contractor and the Contractor finds that they cannot meet the delivery time agreed to, the Contractor must contact the individual who placed the work order to negotiate a delivery time. The decision whether to postpone the delivery time rests solely with the person who placed the work order, and prices must be adjusted according to the actual delivery time met.

If the actual delivery time falls between standard delivery times and is a result of the Contractor failing to meet the required delivery time for that work order, the rate that must be charged is the rate for the longer delivery line, e.g. required delivery of five business days, that is delivered in seven business days, must be billed at the fifteen business date rate.

Failure to meet the required delivery time 4 times in a 6 month period may result in the contract being terminated.

5.9 Special Terms and Conditions - Electronic Format for Translation Most work orders will be submitted to the Contractor electronically in Word 2003 or later format.

Submissions may also, less frequently, be made in PDF, MS Publisher, or MS Excel format. It is required that all translated documents be returned in the format it was received unless otherwise stated in the Language Translation Work Order Request Form.

The font used in the translated document must be the same as used in the source document, unless an alternate font is required for the translated language and is approved by the buying agency. Pre-approved, non-standard font software files must be returned with the resulting translated file.

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5.10 Special Terms and Conditions - Transmission of Documents

Completed work orders shall be returned electronically, preferably by email, to the address specified in the Language Translation Work Order Request Form. If the resulting document is too large to be transmitted via email or in a compressed format, documents will be accepted on a Read/Write CD, DVD or a flash drive, and will be provided at no additional cost to the State. The Contractor should contact the Contact person on the Language Translation Work Order Request for delivery instructions. Rarely, a printed copy may be requested by mail, fax, or overnight courier. Overnight courier charges will be reimbursed by the buying agency only when pre-approved by the buying agency and is a result of their request.

5.11 Special Terms and Conditions - Errors or Omissions to Translated Documents The buying agency has the right to return translated documents with errors to the Contractor for correction at the Contractor's expense. Errors are defined as any error or omission of words, sentences, or paragraphs that change the content of the document, including but not limited to context, grammar, spelling and syntax. Correction of errors must be made within the time frame agreed to by the buying agency when the need for correction is identified.

In addition to correction of the document, the contractor may be assessed damages as a result of these errors found in the translated document.

(See Liquidated Damages Section 5.2).

5.12 Special Terms and Conditions - Purchasing Card

Some agencies may request to use the State's Purchasing Card (P-Card) for payment of services. The Bidder is not required to accept P-Cards, however it is strongly preferred. If the Bidder accepts a P-Card, no markup is allowed.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

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6 PERFORMANCE AND SUPPORT REQUIREMENTS

All translated documents are expected to be free from any errors. Translated documents found to contain errors will be returned to the Contractor for correction at the Contractor's expense.

The buying agency has the right to pay for that translation at the delivery rate applicable to when the final corrected document is received. For example, if the buying agency orders translation due in 5 business days, which is delivered in 5 business days, but found to contain error(s) and returned to the Contractor, who corrects it and returns it at 7 business days, the agency may only be charged for the 15 business day rate. If the buying agency has already paid for the services before the error is discovered, they may request a refund or credit for the difference in delivery rates. Such credit or refund must be issued within 10 business days of the request.

If the buying agency has had the translated document printed, by a commercial printer, prior to discovery of the error, the Contractor shall be responsible to reimburse the buying agency for the cost of the printing, in addition to delivery rate damages.

If the translated document is utilized in some other format, i.e., website, social media, etc., prior to discovery of the error, the Contractor shall reimburse the buying agency for any costs associated with correcting the error.

The following is a list of unacceptable performance and may be grounds for contract termination:

• Contractors shown to have provided a document with errors or omissions to any buying agency, 4 or more violations in a 6 month period.

• Contractors that fail to meet the delivery requirement agreed to when they accepted the assignment 4 times with a 6 month period.

• Contractors that are reported to have billed to an incorrect billing address 6 times within a 6 month period.

• Failure to keep contact information up to date with the DOA…