07 RFB.pdf

REQUEST FOR BID

IN-PERSON INTERPRETATION SERVICES

FOR FOREIGN LANGUAGE

RFB#28247-CN

Issued Date: July 26, 2018 Responses Due: August 31, 2018 at 2:00 PM

CST

In-Person Interpretation Services for Foreign Languages

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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 the United States

2.3 Qualification and Requirement - Hours of Interpretation Services

2.4 Qualification and Requirement - Qualified Interpreter

2.5 Qualification and Requirement - Core Languages

3 GENERAL MANDATORY REQUIREMENTS OF BID

3.1 General Mandatory Requirement - Multiple Billing Addresses

3.2 General Mandatory Requirement - Reporting Requirements

3.3 General Mandatory Requirement - Disaster Recovery Plan

3.4 General Mandatory Requirement - Data from Assignments

3.5 General Mandatory Requirement - Purchasing Methods

3.6 Purchasing Methods - Assignment Refusal

3.7 Purchasing Methods - Location of Assignments

3.8 Purchasing Methods - Advance Notification of Assignment

3.9 General Mandatory Requirement - Requesting Services

3.10 General Mandatory Requirement - Cancellation Policy

3.11 General Mandatory Requirement - Duration of In-Person Translation Assignments

3.11.1 Duration of Assignments - Short Term Assignments

3.11.2 Duration of Assignments - Long Term Assignments

3.11.3 Duration of Assignments - Long Term Assignments exceeding 100 hours (RFS)

3.12 General Mandatory Requirement - Training on Assignment

3.13 General Mandatory Requirement - Invoicing and Billing

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 Special Terms and Conditions of the Bid - Agency Specific Glossary of Terms

4.2 Special Terms and Conditions - Background Checks

4.3 Special Terms and Conditions of Bid - Liquidated Damages

4.4 Special Terms and Conditions of Bid - Payment Terms

4.5 Special Terms and Conditions of the Bid - Purchasing Card

4.6 Special Terms and Conditions of Bid - Access to Secure Facilities

4.7 Special Terms and Conditions of Bid - Sample Contract

5 PERFORMANCE AND SUPPORT REQUIREMENTS

5.1 Performance and Support Requirements - Interpreter Guidelines

5.2 Performance and Support Requirements - Failure to Appear

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5.3 Performance and Support Requirements - Missed Assignments

6 FRATERNIZATION/AGENCY WORK RULES

7 BUSINESS ASSOCIATE AGREEMENT

8 CONFIDENTIALITY AND ETHICS

9 CERTIFICATES OF INSURANCE

10 CANCELLATION AND TERMINATION

11 METHOD OF BID

12 REQUESTING PRICE ADJUSTMENTS

13 BID PROCEDURE AND INSTRUCTIONS

13.1 CALENDAR OF EVENTS

13.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

13.3 REASONABLE ACCOMMODATIONS

13.4 BIDDER CONFERENCE

13.5 SUBMITTING A BID

13.5.1 Electronic Bid Submittal (Strongly Preferred)

13.5.2 Hard Copy Bid Submittal

13.6 INCURRING COSTS

13.7 FORMAT OF BID RESPONSE

14 BID ACCEPTANCE AND AWARD

14.1 BID OPENING

15 BID REVIEW

15.1 BID ACCEPTANCE

15.2 METHOD OF AWARD

15.3 BIDDER REFERENCES/CLIENT LIST

15.4 USE OF SUBCONTRACTORS

16 SUPPLIER DIVERSITY

16.1 MINORITY-OWNED BUSINESS ENTERPRISE

16.2 VETERAN-OWNED BUSINESS

16.3 DISABLED VETERAN-OWNED BUSINESS

16.4 WOMAN-OWNED BUSINESS ENTERPRISE

17 PROHIBITION OF DISCRIMINATORY BOYCOTTS OF ISRAEL

18 DEBARMENT

19 AWARD NOTIFICATION

20 PROTEST AND APPEALS PROCESS

20.1 PROTESTS

20.2 APPEALS

21 REQUIRED FORMS

22 COST STRUCTURE AND COST SHEET INSTRUCTIONS

22.1 COST SHEET - REGION 1 - MADISON

22.2 COST SHEET - REGION 2 - WAUKESHA

22.3 COST SHEET - REGION 3 - GREEN BAY

22.4 COST SHEET - REGION 4 - WISCONSIN RAPIDS

22.5 COST SHEET - REGION 5 - LA CROSSE

22.6 COST SHEET - REGION 6 - EAU CLAIRE

22.7 COST SHEET - REGION 7 - RHINELANDER

22.8 COST SHEET - REGION 8 - SUPERIOR

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1 INTRODUCTION AND PURPOSE

The State of Wisconsin routinely conducts business with clients who have limited English proficiency (LEP). In order to meet the needs of our customers, and furthermore comply with Title VI of the Civil Rights Act of 1964, 45CFR, Section 80.3, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) of 1990 as amended, it may be necessary to obtain in-person foreign-language interpretation services. Services are provided by the Contractor staff in-person, on-site at locations throughout the State.

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.

For organizational purposes and for bid award the state has been divided into eight (8) regions which serve all 72 counties. Bidders will indicate which region(s) they can provide in-person services. Bidders must serve the entire region they are bidding. Bidders are not required to provide services to all regions.

The duration of these assignments may vary from a few hours to a routine daily schedule. Some agencies provide emergency services to clients. In some cases, there is minimal advance notice of assignments and contractors may be asked to have interpreters on-site within 30 minutes.

Core languages are those most likely to be needed under this contract, however, any language currently in use could be needed at any time.

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.

Assignment: a single job identified by the buying agency

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 RFx 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.

Calls:

call placed to the contractor to provide interpretation services

Client:

non-English speaking customer of the buying agency

Commodity: a tangible article of trade or item of

Page 5 RFB#28247-CN merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Conflict of Interest:

A situation in which a translator/interpreter is in a position that would affect their objectivity in the delivery of services. Examples of perceived conflict of interest could be the translator or interpreter interpreting on behalf of a family member, personal interest or relationship to the client; relationship with a victim; relationship with known members of the same ethnic community or ethnic conflicts between communities with shared language capacity; or other relationships which would preclude any possibility that the translator's/interpreter's objectivity could be jeopardized.

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.

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 Buying Agency.

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.

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Core Languages:

Languages identified as most frequently used by buying agencies. For the purpose 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

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

HIPAA:

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

Interpretation:

Involves the spoken or signed communication between two parties; translating the word of one person to the target language of a second person and back.

Interpreter: member of contractor's staff providing interpretation

Interpreter In-Person Service Request Form:

Form submitted to the contractor detailing the buying agency's expectations for that assignment.

Limited English Proficiency (LEP):

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

Liquidated Damages:

damages that are agreed upon by the State and Contractor, or stipulated to, the actual damages that will result from a breach of the

Page 7 RFB#28247-CN contract. Liquidated damages prevent controversy between the State and Contractor on the amount of damages that have occured from the breach.

Long-term assignment:

Assignments lasting 10 or more shifts, not necessarily consecutive days

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".

Non-Core Language(s):

a non-core language is one that the State of Wisconsin may or may not need but is a language which is included in the bid to allow agencies quick access to contract pricing for non-core languages.

Normal Business Hours:

For the purpose of this bid, normal business hours are considered to be 6:00 AM to 6:00 PM, Monday through Friday, excluding State of Wisconsin recognized holiday.

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).

On-Demand Services: services that can be provided immediately, without prior scheduling.

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.

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Procurement Specialist:

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

Procuring Agency: The State Agency conducting the purchasing transactions

Qualified Interpreter:

an individual who is able to provide the following: demonstrated proficiency in English and a second language; demonstrated knowledge in both languages of relevant specialized terms and concepts; and demonstration of completion of training on the skills and ethics of interpretation.

RFB: Request for Bid

Recognized Holidays:

The State of Wisconsin recognized holidays are:

• New Year's Day

• Martin Luther King, Jr. Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Christmas Eve Day

• Christmas Day

• New Year's Eve Day

Region: one of eight (8) geographic areas in the State where work sites will be located

Relationship:

a personal association between an interpreter and individual receiving interpreting services.

Request for Services (RFS):

when the buying agency solicits awarded contractors that meet their requirements to compete for assignments lasting more than 100 hours.

SBOP: State Bureau of Procurement

Shall:

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

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Short-term Assignment:

Assignments that consist of 9 or less shifts on consecutive or non-consecutive days.

Contractors will be reimbursed for mileage to and from job site and will be paid for interpreter travel time.

State: The State of Wisconsin

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.

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".

Target Language:

the non-English language requiring interpretation.

Target Language Identification Assistance:

service provided by the contractor to correctly identify which target language interpretation is required.

Trauma:

means a disordered psychic or behavioral state resulting from severe mental, emotional stress or physical injury which would affect an interpreter's ability to interpret an assignment.

Wisconsin Court Certified Interpreter means an individual who has successfully completed each step in the State of Wisconsin Court System certification process.

Information on the certification process may be found at: https://wicourts.

gov/services/other.

https://wicourts.gov/services/other https://wicourts.gov/services/other

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Work Site:

location where in-person services are required.

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 In-Person Interpretation Services for Foreign Language and intends to use the results of this process to award a Contract.

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

APPENDIX F: 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) 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 State, 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 State and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the State and providing appropriate documentation and support and reporting Contract usage by Municipalities.

Bidder must complete Section 5: Wisconsin' Cooperative Purchasing Service on APPENDIX A: BIDDER REQUIRED FORM (DOA-3832) 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 bid 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 State 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 In-Person Interpretation Services for foreign languages and have done so 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 bid submission.

2.2 Qualification and Requirement - Services Performed in the United States Pursuant to Wisconsin State Statute 16.705, all services provided under this contract must be performed in the United States. Regarding in-person interpretation, all interpreters must be physically located in the United States. Any bidder that cannot guarantee they meet this requirement will be disqualified.

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2.3 Qualification and Requirement - Hours of Interpretation Services The majority of in-person assignments will be scheduled during normal business hours, Monday through Friday, between the hours of 6:00 AM and 6:00 PM CST. While not a requirement for bidding, it is expected the contractors receiving award will take into consideration that multiple agencies will use this contract and the high Spanish and Hmong populations in Wisconsin, and staff appropriately during these hours. Bidders should be aware that Wisconsin's demographic currently includes a higher concentration of Hmong speaking residents than the U.S. Average.

Contractor's services must be available, at a minimum during normal business hours as defined above.

A lesser percentage of assignments will be scheduled outside of normal business hours, including nights, weekends, and holidays. Bidders must specify if they are capable of providing services 24 hours per day, 7 days per week, 365 days per year and if they have a 24 hour call/dispatch service in place at the time of bid.

Bidders that require a minimum number of hours per assignment longer than 2 hours, including travel time, may be disqualified.

Please Note: There are Bid Factor 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.

2.4 Qualification and Requirement - Qualified Interpreter

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

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

Interpreters must demonstrate their competency of the culture of LEP language group being served. 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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2.5 Qualification and Requirement - Core Languages

Core languages are those most likely to be needed under this contract, however, any language currently in use could be needed at any time.

Core Languages for the purposes 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.

Bidders must provide, at a minimum, all core languages. In order to meet the needs of the State, Bidders who do not currently offer all core languages in their service offering must agree to have interpreters (employees or subcontractors) for all core languages in place within 30 days of award. For information on use of subcontractors, refer to Section 15.4. Bidders are encouraged to subcontract with local interpreters.

Core language prices are to be provided for each individual language; Non-core languages will be bid as a single price, regardless of the language.

As a result of the present demographics in Wisconsin, the majority of the in-person interpretation services needed will be from English to Spanish or Hmong.

Buying agencies may negotiate lower prices on core and/or non-core languages at the time of services.

Bidder must specify, in the Bid Factors for this section the proficiences they are able to accurately interpret. At a minimum, Bidder must be able to interpret at a general proficiency level for all core languages. Bidder will specify if they are able to accurately interpret medical/HIPAA compliant, scientific, educational and legal terminology. To be considered as having any of these specialized skills, the interpreter must have completed formal training in them, either in from an educational institution or from the contracting agency. 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

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3 GENERAL MANDATORY REQUIREMENTS OF BID

Conditions of this bid that include the word "must" and "shall" describe a mandatory requirement. Failure to meet a mandatory requirement shall disqualify a 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 section. 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 account numbers and/or billing addresses.

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3.2 General Mandatory Requirement - 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 I: REPORT TEMPLATE a summary report of activities and expenditures must be submitted after 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 I and shall be reported:

• The Purchase Order Number, if applicable

• Vendor Name

• The location of the assignment

• The dates, including start and end times for the assignment

• The language

• The number of hours being billed (to the nearest quarter hour)

• The rate charged per hour

• Any mileage being billed, distance and rate

• Any fee charged for less than 24-hour notification

• Any fee for WI Court Certification

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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 in 3.1.10, 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 at any time.

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

3.3 General Mandatory Requirement - Disaster Recovery Plan

Bidder 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.

3.4 General Mandatory Requirement - Data from Assignments

Contractor must document the identity of the interpreter, as well as the buying agency staff contact for each assignment, but that identifying data must take a non-personal form (e.g. a reference number) if shown on billing or routine paperwork, as it may be considered confidential information.

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3.5 General Mandatory Requirement - Purchasing Methods

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

• Specific Purchase order placed 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 and included in your paper bid submission.

3.6 Purchasing Methods - Assignment Refusal

A Contractor may refuse to provide language interpretation services if:

• an interpreter is not available for the schedule requested by the State or the language is not readily available. The Contractor must notify the State agency within twenty-four (24) hours prior to the scheduled assignment if an interpreter is no longer available. In cases of immediate or emergency request for services, the Contractor must notify the State within one (1) hour of the initial request if the Contractor is unable to provide an interpreter.

• cultural differences and/or conflict of interest exist between the Contractor's interpreter and the state agency client. The Contractor must notify the State within one (1) hour of the initial request if unable to provide a competent interpreter.

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3.7 Purchasing Methods - Location of Assignments

For organizational purposes and for bid award the state has been divided into eight (8) regions which serve all 72 counties. Bidders will indicate which region(s) they can provide in-person services. Bidders must serve the entire region they are bidding. Bidders are not required to provide services to all regions.

REGION COUNTIES

Region 1 - Madison Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Lafayette, Rock, Sauk

Region 2 - Waukesha Fond du Lac, Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, Waukesha

Region 3 - Green Bay

Brown, Calumet, Door, Kewaunee, Manitowoc, Marinette, Menomonee, Oconto, Outagamie, Shawano, Sheboygan, Winnebago

Region 4 - Wisconsin Rapids Adams, Green Lake, Juneau, Marathon, Marquette, Portage, Waupaca, Waushara, Wood

Region 5 - La Crosse Buffalo, Crawford, Jackson, La Crosse, Monroe, Richland, Trempealeau, Vernon

Region 6 - Eau Claire Chippewa, Clark, Dunn, Eau Claire, Pepin, Pierce, St. Croix, Taylor

Region 7 - Rhinelander Florence, Forest, Iron, Langlade, Lincoln, Oneida, Price, Vilas

Region 8 - Superior Ashland, Barron, Bayfield, Burnett, Douglas, Polk, Rusk, Sawyer, Washburn

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Travel time and mileage are reimbursable for short-term assignments or for travel required away from a long-term job sites as explained in Section 3.11 Duration of Assignments. Bidder shall make every attempt to assign interpreters who are located in a close proximity to assignments to avoid excessive travel charges.

The State shall audit travel time and mileage and take appropriate action if excessive travel charges occur. Bidder agrees, that if a billing dispute should arise concerning travel time and/or miles travelled, the averages for time and the averages for distance within Google Maps (directions feature) shall be used to validate travel time and/or distance travelled.

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.

3.8 Purchasing Methods - Advance Notification of Assignment

Advance notification of assignments may vary by buying agency or programs within an agency.

Whether during normal business hours or outside of normal business hours, about half of the short-term assignments will have notification of 24 hours or less, in emergencies some as little as 30 minutes. All remaining short-term assignments and most long-term assignments will likely have advance notification between two (2) to five (5) business days. For assignments with notification of 24 hours or less, the contractor will be allowed to charge a flat rate one-time convenience fee for that assignment which must be specified in your bid. The hourly rate for assignments with short notification must be the appropriate contracted rate.

3.9 General Mandatory Requirement - Requesting Services

When the buying agency identifies the need for services they will call the selected contractor with the details of the assignment to schedule an interpreter. Buying agencies that have previously used interpreters from that contractor may request a specific interpreter for the assignment by name. Contractors are expected to make every effort to provide that interpreter if at all possible. Contractors may accept the assignment if they are able to provide an interpreter that will meet the needs of the buying agency, and must acknowledge acceptance of the assignment in writing or by email. If they are unable to meet the agency's need they must decline the assignment immediately to allow the buying agency to contact another contractor.

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3.10 General Mandatory Requirement - Cancellation Policy

The State acknowledges that Contractors may incur costs for arranging to provide a service that is then cancelled by the State. Although Contractors may have different policies regarding cancellations, the State intends to specifiy the cancellation policy that will be in effect under and contract that results from this RFB.

When a cancellation is necessary the State will provide the Contractor with notice within two (2) business days of the scheduled service.

If notice of cancellation is made less than two (2) business days of the scheduled service the Contractor shall be paid per the following:

Duration of Assignment Billable Hours

Short Term Assignment 100% of the scheduled service hours at the same hourly rate as the assignment.

Long Term Assignment (<100 hours) 100% of the scheduled service hours at the same hourly rate as the assignment.

Long Term Assignment (>100 hours)

Billed for a maximum of 48 hours at the same hourly rate of the assignment only. Any other hours which were contracted as part of the assignment may not be billed to the State.

Travel Time

Travel time for cancellations is not billable unless actually incurred. If travel is incurred, the actual travel time shall be billed at the same hourly rate as the assignment.

Special conditions for cancellations may be negotiated, if necessary, at the time of the request, otherwise the table above shall apply. Such conditions must be captured in writing and agreed upon by the Buying Agency and the Contractor.

No additional cancellation fees can be added or billed.

3.11 General Mandatory Requirement - Duration of In-Person Translation Assignments The duration of in-person assignments may vary from a few hours to a routine daily schedule.

Bidders that require a minimum number of hours per assignment longer than 2 hours, including travel time, may be disqualified. Assignments may be short term or long term, as defined below. Most assignments under this contract will be short-term in nature.

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3.11.1 Duration of Assignments - Short Term Assignments

Short-term assignments are assignments that consist of 9 or less shifts on consecutive or non-consecutive days. For short-term assignments contractors will be reimbursed for mileage to and from the job site at the current State of WI mileage rates, currently $.51/mile and will be paid for interpreter travel time. The hourly rate for services commences at the scheduled start time or time the interpreter is ready to provide services, whichever is later. The hourly rate for services ends at the time the buying agency dismisses the interpreter, regardless of the scheduled end time.

The travel rate applies to actual time spent traveling to the work site and back and is limited to 2 hours total per shift. Travel time in excess of 2 hours must be pre-authorized by the buying agency at the time of scheduling the assignment. Failure of the contractor to obtain pre-authorization exempts the buying agency from having to pay excess travel time. All efforts will be made by the Contractor to find qualified interpreters without incurring travel costs to the State. The State at any time may request Contractor to provide documentation of the efforts which have been made to find qualified interpreters located near assignments.

Travel time shall be billed at the same hourly rate as the short term assignment rate. Any other travel expense, including but not limited to, transportation by airline, railroad, rental car, taxi, parking and tolls are not reimbursable under this contract.

3.11.2 Duration of Assignments - Long Term Assignments

Long-term assignments are assignments that consist of 10 or more shifts on consecutive or non-consecutive days. Long-term assignments most often will be during normal business hours and will most likely be located in larger urban areas, particularly those with a large ethnic population. Several long term assignments are known to exist in Milwaukee County. For long-term assignments contractors will not be reimbursed for mileage to and from the job site or for interpreter travel time. If the interpreter is required to travel away from the job site to any other location(s) during the course of the shift, the contractor will be reimbursed for mileage to and from said location(s) at the current State of WI mileage rates, currently $.51/mile and the interpreter travel time will be paid time. The hourly rate for services commences at the scheduled start time or time the interpreter is ready to provide services, whichever is later. The hourly rate for services ends at the scheduled end time or the time the buying agency dismisses the interpreter, whichever is later. If the buying agency requests the normally scheduled interpreter on a long-term assignment to report at another location for a period of time that overlaps the start or end of their normal shift, the contractor will be reimbursed the additional hours of service, mileage from the location to the job site, and interpreter travel time from the location to the job site. Travel time and mileage from home to the location will not be paid.

Travel time shall be billed at the same hourly rate as the short term assignment rate. Any other travel expense, including but not limited to, transportation by airline, railroad, rental car, taxi, parking and tolls are not reimbursable under this contract.

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3.11.3 Duration of Assignments - Long Term Assignments exceeding 100 hours (RFS) For long-term assignments exceeding 100 hours total duration, the buying agency may conduct a Request for Service (RFS) from the awarded contractors that meet their requirements for region, language, specialized skills, and hours of service. The RFS will specify the location of the assignment, the language needed, the days and dates of service, the hours of service, any proficiencies required, the method of pricing (either hourly or a lump sum), how and by when to respond to the RFS, whether interpreter resumes must be included with the response, and any other specific requirements. The contractors may compete for the assignment by responding to the RFS as instructed by the agency. RFS pricing supersedes contract pricing for that assignment. RFS pricing may be less than but not exceed contract pricing.All other contract terms for long-term assignments still apply when an RFS is conducted.

Examples of when an RFS might be used may be: to fill the need for a Hmong interpreter every Saturday for 4 hours for 6 months, or to fill the need for Spanish interpreter services around the clock for a month. These are situations when you anticipate your need for an interpreter for an extended period of time, and can plan in advance to reserve those services.

For long-term assignments filled by RFS, the buying agency may elect to request resumes and/or qualifications of up to three (3) interpreters as part of the RFS process from which to choose. Buying agencies may additionally request the opportunity to conduct telephone interviews, limited to thirty (3) minutes in length with any or all of those candidates to help them make a selection. Interview time is not billable time. If the buying agency determines none of those candidates are suitable for the assignment, they may elect to contact the next lowest respondent to the RFS.

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3.12 General Mandatory Requirement - Training on Assignment

Some assignments, particularly long-term assignments, may require some training by the buying agency to teach the interpreter/translator the job duties of that position. Any on-site time for training is billable time and shall be billed at the assignment rates as stated above for short term or long term assignments, during normal business hours, whichever is applicable.

If the buying agency requests the normally scheduled interpreter on a short or long-term assignment to report at another location for a period of time that overlaps the start or end of their normal shift, mileage from the location to the job site, and interpreter travel time from the location to the job site may be billed by the Contractor. Travel time shall be billed at the same hourly rate as the assignment. Any other travel expense, including but not limited to, transportation by airline, railroad, rental car, taxi, parking and tolls are not reimbursable under this contract.

If mileage is to be reimbursed, mileage shall be billed at the current State of WI mileage rate, currently $.51/mile. Interpreter travel time will be billed at the assignment hourly rate. The hourly rate for services shall commence at the scheduled start time or time the interpreter is ready to provide services, which ever is later. The hourly rate for services ends at the scheduled end time or the time the buying agency dismisses the interpreter, whichever is later.

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3.13 General Mandatory Requirement - 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.

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

• Interpreter (non-personal form, i.e., reference number or such)

• Buying agency staff contact

• Language(s)

• The location of the assignment

• The dates, start and end times for the assignment

• The number of hours being billed (to the nearest quarter hour)

• The rate per hour

• Travel time (under special circumstances and authorized by the buying agency)

• Mileage - distance and rate (if applicable)

• Any fee charged for less than 2 business day notification

• Any fee for WI Court Certification

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4 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.

4.1 Special Terms and Conditions of the Bid - Agency Specific Glossary of Terms For some target languages, the buying agency may supply the contractor with a glossary of terms specific to the agency and subject matter most often involved in interpretations. The Contractor shall make any glossary readily accessible for reference by all interpreter staff who may be assigned to interpret/translate that target language.

If such a glossary exists, it will be specified by the buying agency on the In-Person Service Request Form or will be provided upon arrival at the assignment. It is the interpreter's responsibility to utilize the glossary. In-Person interpreters that are required to do in-person translation of written materials will not have translation software provided by the buying agency.

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

4.2 Special Terms and Conditions - Background Checks

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any…