1.1.4 PWS_Indigenous Language Services Contract.pdf

U.S. Department of Homeland Security Immigration and Customs Enforcement

ATTACHMENT A: PERFORMANCE WORK STATEMENT

INDIGENOUS LANGUAGE INTERPRETATION

AND CONSULTATION SERVICES

1.0 SCOPE

The scope of this Performance Work Statement (PWS) covers foreign, indigenous language (from Mexico and Central/South America) translation, transcription, and interpretation services, as well as audio processing services and cultural awareness consultation. These services will be conducted to support U.S.

Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) in a reliable, efficient, and effective manner remotely and on-site at any location ICE personnel or contract staff are located within the continental United States and its territories.

Contractor shall provide over the phone interpretation, and translation and transcription services in indigenous languages from Mexico and Central/South America. The Contractor must provide on demand and pre-scheduled interpretation over the phone. Interpreters shall be available for interpreting during the entire duration of the interview or customer interaction. The Contractor will also provide audio processing services (to include audio recordings) and impart cultural awareness expertise to help ICE better assess needs and develop training and job aids/educational materials for personnel. ICE requires all these services to be delivered in diverse contexts with the skills and knowledge described herein. The Contractor shall furnish all personnel, supervision, equipment, materials, transportation, and other items necessary to perform the services described in this PWS. A detailed description of the work required, any specialized personnel skillsets, and the place of performance will be set forth within the PWS. This contract requires the Contractor to provide qualified linguists that can cover all the languages in Appendix A.

2.0 SPECIFIC REQUIREMENTS/TASKS

a. In order to fulfill ICE’s mission for the various Program Offices, ICE ERO require routine access to a full range of language services delivered in a variety of contexts.

b. The Contractor shall provide linguists who meet the personnel qualifications set forth in

Section 5 of this PWS.

c. The Contractor shall establish a custom, direct phone line (or some other means of direct contact) dedicated to ICE ERO personnel.

d. ICE requires language services for anticipated and/or routine interactions as well as language services that support surges and emergency situations. Therefore, the Contractor shall have the ability and capacity to increase its staffing level for any given indigenous language from Mexico and Central/South America in an expedited manner to meet time-sensitive ICE language needs.

For both routine and unexpected situations, the Contractor must be able to provide on demand and pre-scheduled support, at a minimum, 9 hours per day with a start time of no earlier than 9am EST, 7 days a week, 365 days per year (inclusive of weekends and holidays) for all categories of language services described herein. If in situation where ICE requires service outside the minimum required service timeframe listed, ICE will provide advance notice to the Contractor for scheduled service. Upon award, the selected Contractor must provide at least two designated points of contact (POC). At least one POC shall be able to answer finance, funding, or billing related questions and one shall be able to answer service-related matters such as: the progress and status of linguist clearances, quality assurance, staffing questions, and the production of reports.

These POCs shall be available during normal business hours, 9 a.m. – 5:30 p.m. EST (subject to operational needs, the Contractor may be asked to fulfill over the phone interpretation requests outside of the normal business hours). The Contractor shall provide POCs who have the authority to make decisions, or who can obtain them easily, but who are also familiar with the contract requirements and ICE needs.

e. The Contractor shall provide a staffing and recruitment plan detailing how to recruit, train and retain linguists to ensure ICE’s needs are met in a timely manner for languages located in Appendix A. The Contractor shall demonstrate how to ensure that all linguists who will perform work under this contract call meet the minimum personnel qualification requirements as outlined in this contract. The Contractor shall also include a contingency plan for replacing or substituting linguists when those originally assigned to the contract are not able to perform or meet the contract’s requirements.

f. The Contractor shall provide and maintain a secure tracking system which allows access to contract’s performance data and other criteria specific within the contract, at all times. The tracking mechanism shall be available to ICE officials appointed by the Contracting Officer to generate reports or conduct self-produced ad-hoc queries or analysis exportable in a Microsoft Excel format. Available information should include:

• Cumulative contract’s call-to-date activity, year-to-date activity, month-to-date activity, and daily activity [by language, service type and cost].

• Detailed itemization of each contact shall be recorded and be available upon request (a contact is defined as successful communication using any form of language services within the scope of the ICE contract).

o Contact data shall include the following:

• Date and time of contact

• Requesting employee or contractor’s name

• Requesting employee’s program office

• Field Office or Headquarters location (e.g. Washington, DC) of requesting employee including:

• Area of Responsibility (AOR)

• Facility (if applicable)

• Language that was interpreted/translated/transcribed

• Duration of each contact in seconds/minutes

• Timeframe between placed request and linguist connection.

g. The Contractor shall provide audio processing services, including audio recordings and audio translations of spoken indigenous languages located in Appendix A as requested by ICE on a regular or ad-hoc basis.

h. The Contractor shall provide ICE cultural awareness education services, indigenous language identification training sessions, and facility assessments as requested, collective referred to as consultation services. This includes developing and conducting (and/or assisting ICE in doing so) both in-person and virtual cultural awareness and other training, as well as job aids/educational materials for ICE personnel, as requested by ICE on a regular or ad-hoc basis. Contractor-developed training materials or tools shall be reviewed and approved by ICE. Consultation services may also include providing onsite detention facility assessment(s) upon request by ICE to help the Agency evaluate identification of and provision of services to indigenous language speaking noncitizens in ICE custody. The assessment outcomes shall include, at a minimum, a confidential report of any issues/findings with current indigenous language identification and recommendations for improvement. The report will be for internal ICE use only. The Contractor should have prior experience working with and engaging law enforcement agencies in outreaching with communities that speak indigenous languages. The Contractor should be able to identify significant and unique cultural traits of the indigenous communities and experience drafting robust cultural awareness training programs.

3.0 LANGUAGE SERVICES REQUIRED

In order to fulfill ICE’s mission, ICE requires routine access to the full range of language services delivered in a myriad of language and contexts. The general requirements include language services as defined under GSA Schedule 738II Language Services - Translation Services (381-1) and Interpretation Services (382-2). The Contractor must have the ability to provide all of the services listed in this contract.

A full list of expected or previously encountered languages is included in Appendix A to this PWS. The following languages should be available for on demand translation and interpretation services at all times:

K'iche, Akateko, Q'anjob'al, Tzozil, Maya Yucatec, and Zapote

3.1 INDIGENOUS FOREIGN LANGUAGE INTERPRETATION

ICE requires telephonic interpretation and periodic on-site oral communication to and from English and foreign languages in a variety of settings, including, but not limited to: intake screening and processing of detained and non-detained noncitizens, interviews, reading of rights, law enforcement operations, medical screenings, detained noncitizens grievances and responses, communicating processes and responsibilities, presentations and discussions that may include conversations between ICE personnel and individuals arrested or encountered, detained noncitizens, witnesses, victims, and other external stakeholders.

Language interpretation includes law enforcement sensitive information.

The Contractor shall provide foreign language interpretation by interpreting oral communication to and from English and native foreign languages telephonically, in-person, or via audio recordings. Interpretation includes but is not limited to simultaneous, consecutive, sight translation, telephonic and voiceovers.

Interpreter forums may include meetings, conferences, seminars, litigation, briefings, and training. Federal or state court certifications and specialized certifications may be required (e.g., medical or legal) as needed.

The requesting personnel will specify if these specialized certifications are required.

The Contractor shall provide interpretation services in all languages indicated in the attached Appendix A, as well as other indigenous Mexican and Central/South American languages not yet identified by ICE on an as needed and best effort basis. Where the Contractor uses relay interpreting (i.e., indirect interpreting) by rendering information from an indigenous language into Spanish and having another interpreter render from Spanish to English and vice versa, the Contractor is responsible for providing linguists who can perform all necessary phases of the relay interpreting between the indigenous language and English.

The Contractor shall have the ability to telephonically assist ICE employees and contract staff in the identification of a Limited English Proficient (LEP) individual’s primary language, when encountered.

ICE staff may have access to language identification “I Speak” posters and pocket guides as well as other tools; however, there will be many instances in which an individual encountered may be illiterate or not speak one of the languages listed in these tools. In the Contractor’s response to this Contract, the Contractor shall communicate how it plans to identify a LEP individual’s primary language, as needed.

• Telephonic Interpretation: The Contractor shall provide interpreters telephonically to support calls placed by ICE personnel, contract staff, or facilities that need to communicate with ICE detained or non-detained noncitizens.

The Contractor shall be prepared for minimum telephone call volume of 120 hours’ worth of calls in any given year within the period of performance of this Contract. Actual call volume will vary significantly and may exceed 120 hours’ worth of calls in any given year. As most interpretation needs are a result of law enforcement activities, it is impossible to know exactly how many hours’ worth of calls the Contractor will receive in any given period. Therefore, ICE does not guarantee a minimum amount of call volume the Contractor will incur, nor can it predict which months, days, or time of day will be the busiest.

o The Contractor shall provide telephonic interpretation. The Contractor must be able to provide on demand and pre-scheduled support 9 hours a day with a start time of no earlier than 9am EST, 7 days a week, 365 days per year (inclusive of weekends and holidays) for all categories of language services described herein. If in situation where ICE requires service outside the minimum required service timeframe listed, ICE will provide advance notice to the Contractor for scheduled service.

o The Contractor shall provide toll free prompt access to skilled linguists.

o When taking calls, linguists must be located within the United States and its territories (i.e., Puerto Rico, Guam, etc.). Although it is not a qualifying factor, the Contractor shall notify ICE in their response to this Contract if they have the ability to record calls should a situation arise in which it is requested.

o If the language requested by an ICE employee or contractor is not available immediately upon call, an estimated time for locating the appropriate interpreter must be provided.

Interpretation shall be provided within the timeframes outlined in table SSPA-4. If a request cannot be fulfilled for any reason, including pending clearance requirements, a designated Contractor POC shall notify the ICE Contract COR or other designated agency representatives immediately so appropriate arrangements can be made to assist the requesting office in obtaining the necessary language services.

o Each linguist shall identify themselves before initiating interpretation by a unique code that the

Contractor has assigned to maintain confidentiality.

o The Contractor must have a back-up plan in place to address any malfunction of its technical systems used to support telephonic interpretation without interruption.

o The Government will not be charged for calls made unless a call is placed with the Contractor that results in the actual use of interpretation services. The Government shall not be charged for calls scheduled then cancelled by ICE staff, calls abandoned by the interpreter, instances when confidentiality is violated or when an interpreter is recused for bias, when connectivity is lost, and when the interpreter does not demonstrate required fluency.

• On-site Interpretation: The Contractor shall provide on-site, in person interpretation within a reasonable timeframe, if requested by an ICE employee or ICE contract staff. All requests for on-site in person interpretation shall also be approved by the ICE COR.

• Audio processing: The Contractor shall provide audio processing services of information written in English and/or Spanish, including audio recordings and audio translations of spoken indigenous languages.

Performance will be evaluated to determine whether or not it meets the requirements of the Contract. When the COR advises the Contracting Officer that Contractor performance is problematic, the Contracting Officer may deem it appropriate to issue a Contract Discrepancy Report.

3.2 INDIGENOUS FOREIGN LANGUAGE TRANSLATION

ICE requires translation of a variety of written documents, including, but not limited to: policies, forms, handbooks, audio recording transcriptions, flyers, posters, and reports. The Contractor shall provide translation services in a timely manner in all languages indicated in the Appendix A as well as be able to obtain other languages or dialects encountered on an as needed basis and on best effort basis.

The Contractor shall provide translation by translating written, electronic and/or multi-media material to and from English and foreign languages. Materials include but are not limited to: legal, medical, policy, video subtitling, audio recordings, and captioning. Translation includes formatting, proofreading, text adaptation, editing, graphic design, and desktop publishing. Specialized certifications or knowledge base may be required (e.g., medical or court certified) as needed.

Translation shall be provided within the timeframes outlined in table SSPA-5. If a translation request cannot be fulfilled for any reason, including pending clearance requirements, a designated Contractor POC shall notify the ICE Contract COR or other designated agency representatives immediately so appropriate arrangements can be made to assist the requesting office in obtaining the necessary language services.

ICE employees and contract staff will be required to obtain the appropriate level of approval (Division Chief, Assistant Field Office Director (AFOD)), as applicable, in order to request translations of any length. The Contractor shall only proceed with a translation if the request is accompanied by the signed and approved translation request form or with Contracting Officer’s Representative (COR) approval.

Each translation is to be a complete, precise, and idiomatically correct rendering from the source language into the target language. The translation is to be reviewed and verified by the contractor to meet the needs of the target audience. A Translation Verification Form should be provided with each translation; the individual verifying the translation shall be a person other than the original translator and fluent in both the target language being verified and English.

3.3 INDIGENOUS FOREIGN LANGUAGE TRANSCRIPTION/CAPTIONING SERVICES

ICE requires transcription services of converting speech from audio/video sources or other formats into a written or electronic text document to and from English and the indigenous language. The Contractor shall provide services in all languages indicated in Appendix A as well as be able to obtain linguists in a timely manner for other languages or dialects encountered on an as needed basis and on a best effort basis.

The Contractor shall provide foreign language transcription by interpreting oral communication (live or recorded) to and from English and indigenous languages and transcribing it into written, electronic and/or multi-media material/format showing words from the conversation or the recording. End product is stored on a removable media with a printed copy or provided electronically, depending on agency personnel preference. Materials include but are not limited to legal, medical, policy, video subtitling, audio recordings and captioning. Transcription includes formatting, proofreading, text adaptation, editing, graphic design, and desktop publishing. Specialized certifications or knowledge base (e.g.

medical or court certified) may be required as needed.

Each transcription is to be a complete, precise, and idiomatically correct rendering from the source into the target language. Each transcription is to be reviewed and verified by the Contractor as a true and accurate translation of the document to meet the needs of the target audience when the document is not intended to be submitted to a court. A Transcription Verification Form should be provided with each transcription; the individual verifying the transcription shall be a person other than the original translator/transcriber and fluent in both the target language being verified and English.

3.4 INDIGENOUS FOREIGN LANGUAGE CULTURAL AWARENESS

The Contractor shall provide ICE consultation services as requested on cultural awareness and indigenous language identification, including but not limited to developing and conducting (and/or assisting ICE in doing so) both in-person and virtual cultural awareness and other training, as well as job aids/educational materials for ICE personnel, as requested by ICE on a regular or ad-hoc basis. Contractor-developed training materials or tools shall be reviewed and approved by ICE.

Further, to help the Agency evaluate identification of and provision of services to indigenous language speaking noncitizens in ICE custody, the Contractor shall provide onsite detention facility assessment(s) upon request by ICE. The confidential assessment outcomes shall include, at a minimum, a report of any issues/findings with current indigenous language identification and recommendations for improvement. The report will be for internal ICE use only.

4.0 CONTRACTOR PERSONNEL

The Contractor shall provide all necessary personnel to meet Contract requirements and provide effective management of the Contract, including but not limited to: program/project management, human resource management, performance management, quality assurance, administrative support, and supervision of all Contractor staff. Contractor supervisors shall perform proper oversight of all Contractor employees.

Contractor supervisor(s) shall perform supervisory/management activities to ensure that Contractor employees have necessary skills, information, and tools to perform tasks and that Contract requirements are properly met. All Contractor employees shall address personnel and program issues through their supervisors and not directly through ICE’s management personnel.

5.0 LANGUAGE SPECIALIST PERSONNEL QUALIFICATIONS

All Contractor personnel providing services under this Contract shall meet the following minimum qualifications and proficiency levels.

In-house testing by companies that provide language services will be accepted. If in-house testing is utilized, the process to determine a linguist’s fluency must be outlined in the Contractor response to this Contract. ICE will not reimburse fees charged for language proficiency testing and validation and/or costs associated with federal or state certification, e.g., training and travel.

5.1 Foreign Language Translation

All - Minimum Requirements Language specialists and trainers must:

• Be 18 years old or older;

• Hold a high school diploma or equivalent;

• Be a U.S. citizen or a foreign national who has been lawfully admitted for permanent residence; however if the Contractor will access the DHS network or intranet, they must be a U.S. citizen;

• Have a minimum of one year of experience in foreign language translation, and certification by the American Translators Association (ATA) or studies in translation, including Bachelor’s and Master’s degrees, or recognized certificate program;

• Have demonstrated proficiency in English and the target language as demonstrated through testing.

Language proficiency testing in the target language(s) and English is required for all levels of linguists in reading of the source language and writing of the target language. Evidence of language proficiency testing with acceptable results is required for all linguists prior to assignment. DHS will not reimburse fees charged for language proficiency testing and validation and/or costs associated with federal or state certification; e.g., training and travel.

The minimum acceptable language proficiency results include:

By the U.S. Government: Members of the Interagency Language Roundtable

(Department of State/Foreign Service Institute; Department of Defense/Defense Language Institute; Department of Justice/Federal Bureau of

Investigation; Peace Corps; United Nations). A proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in the target language and a proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in English is required.

By the Federal Court Interpreters Certification Program: Certification as a Court

Interpreter by the Administrative Office of the U.S. Courts is acceptable, but this certification is provided only for Spanish to/from English, Navajo to/from English, and Haitian Creole to/from English.

By the State Courts: Several states have a certification program for court interpreters, while some states have a Registry of Tested Interpreters based on Qualifications Examinations. Persons who pass the Qualifications Examination are eligible to be included in the Registry of Tested Interpreters. Certification or inclusion on the Registry of Tested Interpreters by any of the following members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency: (1) Arkansas; (2) California; (3) Colorado; (4) Delaware; (5) Florida; (6) Georgia; (7) Hawaii; (8) Idaho; (9) Illinois; (10) Maryland; (11) Massachusetts; (12) Michigan; (13) Minnesota; (14) Missouri;

(IS) Nebraska; (16) New Jersey; (17) New Mexico; (18) North Carolina; (19) Oregon; (20) Utah; (21) Virginia; (22) Washington; and (23) Wisconsin. The languages that are certified or tested will vary depending on each state's requirement. Certification as a Court Interpreter by the Administrative Office of the U.S. Courts or by the State Courts is acceptable, but is not required unless a Certified Court Interpreter(s) is the subject of the WRA. Any Certified Court Interpreters that are assigned to other linguistic duties under the Contract shall be paid at the rate for the labor category to which assigned.

Other acceptable providers of language proficiency testing include the following professional interpreter associations (the list is provided for informational purposes only and does not constitute DHS's endorsement of any of the associations):

• ALTA Language Services (ALTA)

• American Translators Association (ATA)

• American Council of Teachers of Foreign Languages (ACTFL)

• Bay Area Court Interpreters

• California Court Interpreters Association California Federation of Interpreters, Inc.

• Central Intelligence Agency (CIA)

• Defense Language Proficiency Test (DLPT) by Defense Language

Institute (DLI)

• Educational Testing Services (ETS)

• Foreign Service Institute (FSI)

• Northern California Translators Association Peace Corps

• Southern California Translators Association Translators and Interpreters Guild

• Certification Commission for Healthcare Interpreters (CCHI)

• National Board of Certified Medical Interpreters (NBCMI)

• Adhere to the American Translators Association Code of Ethics; and

• Be knowledgeable of specialized vocabulary (terminology) in both English and the foreign language related to ICE’s roles and missions.

5.2 Foreign Language Interpretation (Including Telephonic)

All - Minimum Requirements Language specialists and trainers must:

• Hold a high school diploma or equivalent;

• Be a U.S. citizen or a foreign national who has been lawfully admitted for permanent residence; however if the Contractor will access the DHS network or intranet, they must be a U.S. citizen;

• Have a minimum of one year of training or related experience in interpretation;

• Have a demonstrated proficiency in English and the target language as demonstrated through testing. Language proficiency testing in the target language(s) and English is required for all levels of linguists in listening and speaking. Evidence of language proficiency testing with acceptable results is required for all linguists prior to assignment.

DHS will not reimburse fees charged for language proficiency testing and validation and/or costs associated with federal or state certification; e.g., training and travel.

By the U.S. Government: Members of the Interagency Language

Roundtable (Department of State/Foreign Service Institute; Department of Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps; United Nations). A proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in the target language and a proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in English is required.

By the Federal Court Interpreters Certification Program: Certification as a

Court Interpreter by the Administrative Office of the U.S. Courts is acceptable, but this certification is provided only for Spanish to/from English, Navajo to/from English, and Haitian Creole to/from English.

Qualifications Examinations. Persons who pass the Qualifications Examination are eligible to be included in the Registry of Tested Interpreters.

Certification or inclusion on the Registry of Tested Interpreters by any of the following members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency: (1) Arkansas; (2) California; (3) Colorado; (4) Delaware; (5) Florida; (6) Georgia; (7) Hawaii; (8) Idaho; (9) Illinois; (10) Maryland; (11) Massachusetts; (12) Michigan; (13) Minnesota;

(14) Missouri; (IS) Nebraska; (16) New Jersey; (17) New Mexico; (18) North Carolina; (19) Oregon; (20) Utah; (21) Virginia; (22) Washington; and (23) Wisconsin. The languages that are certified or tested will vary depending on each state's requirement. Certification as a Court Interpreter by the Administrative Office of the U.S. Courts or by the State Courts is acceptable, but is not required unless a Certified Court Interpreter(s) is the subject of the WRA. Any Certified Court Interpreters that are assigned to other linguistic duties under the Contract shall be paid at the rate for the labor category to which assigned.

Other acceptable providers of language proficiency testing include the following professional interpreter associations (the list is provided for informational purposes only and does not constitute DHS's endorsement of any of the associations):

• American Council of Teachers of Foreign Languages

(ACTFL)

• Bay Area Court Interpreters

• California Court Interpreters Association California

Federation of Interpreters, Inc.

• Central Intelligence Agency (CIA)

• Defense Language Proficiency Test (DLPT) by Defense

Language Institute (DLI)

• Educational Testing Services (ETS)

• Foreign Service Institute (FSI)

• Northern California Translators Association Peace Corps

• Southern California Translators Association Translators and

Interpreters Guild

• Certification Commission for Healthcare Interpreters (CCHI)

• National Board of Certified Medical Interpreters (NBCMI)

• Where ICE requires a certified medical or court interpreter, the contractor shall provide evidence of recognized certification in the respective field;

• Adhere to the American Society for Testing and Materials (ASTM) standards governing standards of ethics for interpreters; and

• Be knowledgeable of specialized vocabulary (terminology) in both English and the foreign language related to ICE’s roles and missions.

• Additional requirements may include:

o For customer call centers: specific connection time with language specialists and on-demand services.

o Have training and/or certification in legal interpreting.

o Have training and/or certification in medical interpreting.

o Have training and/or certification in interpreting for victims of crime, torture, and/or persecution.

5.3 Transcription/Translation/Captioning Services

All - Minimum Requirement Language specialists must:

• Hold a high school diploma or equivalent;

• Be a U.S. citizen or a foreign national who has been lawfully admitted for permanent residence; however if the Contractor will access the DHS network or intranet, they must be a U.S. citizen;

• Have a minimum of one year of transcription experience;

• Have demonstrated proficiency in English and the target language as demonstrated through testing. Language proficiency testing in the target language(s) and English is required for all levels of linguists in listening, reading, and writing. Evidence of language proficiency testing with acceptable results is required for all linguists prior to assignment. DHS will not reimburse fees charged for language proficiency testing and validation and/or costs associated with federal or state certification; e.g., training and travel.

Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps; United Nations). A proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in the target language and a proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in English is required.

By the Federal Court Interpreters Certification Program: Certification as a Court Interpreter by the Administrative Office of the U.S. Courts is acceptable, but this

Qualifications Examinations. Persons who pass the Qualifications Examination are eligible to be included in the Registry of Tested Interpreters. Certification or inclusion on the Registry of Tested Interpreters by any of the following members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency: (1) Arkansas; (2) California; (3) Colorado; (4) Delaware; (5) Florida; (6) Georgia; (7) Hawaii; (8) Idaho; (9) Illinois; (10)

Maryland; (11) Massachusetts; (12) Michigan; (13) Minnesota; (14) Missouri;

(IS) Nebraska; (16) New Jersey; (17) New Mexico; (18) North Carolina; (19) Oregon; (20) Utah; (21) Virginia; (22) Washington; and (23) Wisconsin. The languages that are certified or tested will vary depending on each state's requirement. Certification as a Court Interpreter by the Administrative Office of the U.S. Courts or by the State Courts is acceptable but is not required unless a Certified Court Interpreter(s) is the subject of the WRA. Any Certified Court

• American Council of Teachers of Foreign Languages (ACTFL)

• Bay Area Court Interpreters

• California Court Interpreters Association California Federation of Interpreters, Inc.

• Central Intelligence Agency (CIA)

• Defense Language Proficiency Test (DLPT) by Defense Language

Institute (DLI)

• Educational Testing Services (ETS)

• Foreign Service Institute (FSI)

• Northern California Translators Association Peace Corps

• Southern California Translators Association Translators and

Interpreters Guild

• Certification Commission for Healthcare Interpreters (CCHI)

• National Board of Certified Medical Interpreters (NBCMI)

• Adhere to the American Translators Association Code of Ethics; and

• Be knowledgeable of specialized vocabulary (terminology) in both English and the foreign language related to ICE’s roles and missions.

5.4 Vetting of Translation

• All - Minimum Requirements Language Specialists must:

• Be 18 years old or older;

• Hold a high school diploma or equivalent;

• Be a U.S. citizen or a foreign national who has been lawfully admitted for permanent residence; however if the Contractor will access the DHS network or intranet, they must be a U.S. citizen;

• One year of experience in foreign language translation;

• Certificated by the American Translators Association or studies in translation, including

Bachelor’s and Master’s degrees, or recognized certificate program;

• Have demonstrated proficiency in English and the target language as demonstrated through testing. Language proficiency testing in the target language(s) and English is required for all levels of linguists in reading of the source language and writing of the target language.

Evidence of language proficiency testing with acceptable results is required for all linguists prior to assignment. DHS will not reimburse fees charged for language proficiency testing and validation and/or costs associated with federal or state certification; e.g., training and travel.

Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps; United Nations). A proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in the target language and a proficiency rating of 2+ in speaking, listening, reading, writing, and congruity judgment in English is required.

By the Federal Court Interpreters Certification Program: Certification as a Court

Interpreter by the Administrative Office of the U.S. Courts is acceptable, but this

Qualifications Examinations. Persons who pass the Qualifications Examination are eligible to be included in the Registry of Tested Interpreters. Certification or inclusion on the Registry of Tested Interpreters by any of the following members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency: (1) Arkansas; (2) California; (3) Colorado; (4) Delaware; (5) Florida; (6) Georgia; (7) Hawaii; (8) Idaho; (9) Illinois; (10) Maryland; (11) Massachusetts; (12) Michigan; (13) Minnesota; (14) Missouri;

(IS) Nebraska; (16) New Jersey; (17) New Mexico; (18) North Carolina; (19) Oregon; (20) Utah; (21) Virginia; (22) Washington; and (23) Wisconsin. The languages that are certified or tested will vary depending on each state's requirement. Certification as a Court Interpreter by the Administrative Office of the U.S. Courts or by the State Courts is acceptable, but is not required unless a Certified Court Interpreter(s) is the subject of the WRA. Any Certified Court

• American Council of Teachers of Foreign Languages (ACTFL)

• Bay Area Court Interpreters

• California Court Interpreters Association California Federation of Interpreters, Inc.

• Central Intelligence Agency (CIA)

• Defense Language Proficiency Test (DLPT) by Defense Language

Institute (DLI)

• Educational Testing Services (ETS)

• Foreign Service Institute (FSI)

• Northern California Translators Association Peace Corps

• Southern California Translators Association Translators and

Interpreters Guild

• Certification Commission for Healthcare Interpreters (CCHI)

• National Board of Certified Medical Interpreters (NBCMI)

• Adhere to the American Translators Association Code of Ethics; and

• Be knowledgeable of specialized vocabulary (terminology) in both English and the foreign language related to the ICE’s roles and missions.

6.0 KNOWLEDGE AND FAMILIARITY WITH SPECIALIZED TERMINOLOGY, ICE

ACRONYMS, AND ICE FUNCTIONS

The Contractor will be providing language services pertaining to various topics, including but not limited to those below. Upon award, further clarification will be provided outlining ICE acronyms and functions linguists should be cognizant of.

a) Immigration Enforcement, Screening, Asylum, Credible Fear, Bond, and other immigration related topics

b) Medical/Mental Health Care

c) Legal/quasi-legal, including civil rights and civil liberties matters and formal proceedings.

d) Detention/custody related topics.

7.0 QUALITY CONTROL

The Contractor shall be solely responsible for the quality of services provided.

The Contractor must develop and maintain a Quality Control Plan (QCP) to be submitted and approved by the Contracting Officer (CO) who will outline what systems and activities the Contractor will implement to ensure that all services are provided in accordance with this PWS. The QCP shall fulfill the following requirements:

• Establish an internal quality control, inspection and feedback system for all services required by Contracts.

• Provide the means to identify deficiencies in services and procedures to correct deficiencies and prevent recurrence. The QCP will include, but not be limited to, the following elements:

o Methods to test, train, evaluate, and certify language specialists. The Contractor will explain how it will certify the proficiency of each language specialist in English and the required language. The Contractor will explain how it will train language specialists in the procedures and terminology specific to the DHS operation or service.

o Methods to track timeliness and performance with respect to established standards for responsiveness and quality of service. Methods to measure the effectiveness of the Contractor's quality control actions.

o The QCP will also identify the individuals within the Contractor's organization with oversight authority over quality initiatives.

The Contractor will provide a final version of the QCP within 30 business days after Contract award and will continue to update and revise the Plan as needed throughout the life of the Contract and option years.

The Contractor will submit QC information, as requested by the Contracting Officer’s Representative, that details actions taken, status and progress in implementing the QCP. See Section 14, Reporting Requirements.

The ICE Contracting Officer, in writing, may require that the Contractor remove and replace any Contractor employee that: a) is not fluent in the language(s) requested, b) fails to adhere to DHS or ICE standards of conduct or any recognized industry standards, or c) fails to meet Contract security requirements. Corrective action may be taken to resolve and remedy situations involving any removed employees after notification details have been sent to the ICE COR and CO in accordance with procedures of a QCP of the Contractor.

The Contractor shall certify each translation and transcription and return a certification electronically with the completed request. The technical and linguistic accuracy of each translation and transcription is of paramount importance to the Government. Each translation and transcription is to be a complete, precise, and idiomatically correct rendering from the source language into the target language and is to be reviewed and certified by the Contractor as a true and accurate translation of the document as admissible in court or meet the needs of the target audience when the document is not intended to be submitted to a court. The individual certifying the translation/transcription shall be a person other than the original translator and fluent in both the target language being certified and English. The project will not be considered complete until the certification is received.

8.0 CONFIDENTIALITY AND PRIVACY CONSIDERATIONS

a. Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive but Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant. The Contractor shall maintain, transmit, retain in the strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information.

b. When applicable, the Contractor shall provide information only to Homeland Security Presidential

Directive 12 (HSPD-12) cleared employees, contractors, and subcontractors having a “need-to-know” of such information in the performance of their duties for this project.

c. The recipient of information certifies in writing that he or she will take the necessary steps to prevent the unauthorized disclosure and use of information. The CO shall provide the prescribed non-disclosure agreement forms as necessary to the Contractor.

• Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the CO.

• The Contractor agrees to assume responsibility for protecting the confidentiality of Government records that are not public information. Each employee or subcontractor of the Contractor to whom information may be made available or disclosed shall use the information provided only for a purpose and to the extent authorized herein. Penalties for non-approved release of privacy data could be subject to penalties in accordance with the Privacy Act of 1974, 5 U.S.C. § 552a or other legal authorities.

• Performance of this effort may require the Contractor to access and use data and information proprietary to ICE or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

• The Contractor and its personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to the authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort.

• All deliverables, source code, reports, audio productions, and data received, processed, evaluated, loaded, and/or created as a result of this Contract shall remain the sole property of the Government unless specific exception is granted in writing by the Contract CO.

• The Contractor and its personnel/employees shall NOT keep any personally identifiable information (PII) obtained through language services performed under this Contract. The Contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by the Office of Management and Budget [OMB]) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with ICE, and shall not proceed until ICE has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the Contractor shall be coordinated with, and be subject to the approval of ICE. The Contractor assumes full responsibility for taking corrective action, which may include offering credit monitoring, when appropriate.

9.0 SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in the Contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

PRELIMINARY FITNESS DETERMINATION

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor applicants/employees, based upon the results of a Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the Contractor employee to commence work temporarily prior to the completion of a Full Field Background Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable Fitness determination by the Office of Professional Responsibility (OPR), Personnel Security Operations (PSO). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable Fitness determination by OPR PSO. Contract employees are processed under DHS Instruction 121-01-007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto;

those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process. Sexual Abuse and Assault Prevention Standards implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003)).

BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporary, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through OPR PSO. Contractor applicant/employees nominated by a Contracting Officer Representative for consideration to support this contract shall submit the following security vetting documentation to OPR PSO, through the Contracting Officer Representative (COR), within 10 days of notification by OPR PSO of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (with supplement to 85P required for those with direct contact with detainees or armed positions)), “Questionnaire for Public Trust Positions” form completed online and archived by the Contractor applicant/employee in their OPM e- QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of

Questionnaire (e-signature recommended/acceptable). Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

3. Electronic fingerprints taken at an approved facility OR two (2) SF 87 Fingerprint Cards

(current revision) sent to OPR PSO. Additional information regarding fingerprints will be sent to the Contractor applicant/employee from OPR PSO.

4. Optional Form 306 Declaration for Federal Employment. This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

5. If occupying PREA designated position: Questionnaire regarding conduct defined under 6

CFR § 115.117 (Sexual Abuse and Assault Prevention Standards). This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

6. One additional document may be applicable if the Contractor applicant/employee was born abroad. If applicable, the document will be sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity. The questionnaire related to 6 CFR § 115.117 listed above in item 5 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years.

(Executive Order 13488 amended under Executive Order 13764/DHS Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR PSO at the time of award of the contract.