Attachment (13) Industry Q and A final.pdf

Request for Proposal 15JPSS20F00000017 EOIR Language and Interpretation Services

Vendor Questions Page 1

No.

RFQ

Section

Vendor Question

DOJ Response

1 General Would the Government consider postponing this solicitation, for a minimum of sixty (60) days or until the COVID-19 Pandemic subsides?

As specified in Amendment 2 the solicitation, the new proposal due date is May 5, 2020 at 2:00 PM.

2 General Is there an incumbent vendor for these services Yes, SOS International

3 General What rates do they provide? The rates in the current contract are not releasable based upon FOIA exception (4)

4. What has been the biggest challenge for fulfilling services under this contract, or if this is a new contract, are there any challenges that you anticipate?

This is not a new contract and past performance information on the incumbent will not be released.

5. What is the expected volume of this contract? See Attachment 1, Pricing Table. Per Section L.3.1.4, the estimated quantities listed in Attachment (1) are the Government’s best estimates of the amount of services that will be required under the contract. These are estimates only.

6. Is there any historical data for the on-site interpretation, telephone, written translation, CART services solicitation Services?

The estimated quantities listed in Attachment (1) are the Government’s best estimates of the amount of services that will be required under the contract. These are estimates only.

7. Is this RFP open to out of state vendors?

Yes

8. Is this a multiple source award contract?

No. This is a single award

9. Will this be a single award for all services? Or can bidders bid on one or two services identified in the RFP?

Yes this is a single award for all services; and bidders must propose on all services included.

Vendor Questions Page 2

10. Considering the impact that the Coronavirus has had on In- Person interpretation services in the recent past, would EOIR be interested in alternatives such as Video Remote Interpretation, Video Conference Calls, and Web Conference Calls to enable interpretation in a “Virtual” session?

11.

Are services under this RFP exclusive to EOIR? If not, what other agencies may be able to buy off the contract?

Yes, this is for immigration court language services; but other components in the Department of Justice can use the contract for court related language services.

12. B.1(c) In consideration of the fact that the continuing provisions of language services is essential to the continuity of the program, is DOJ willing to inform the incumbent(s) of this provision so as to avoid the nonsensical enforcement of non-compete clauses?

The Department does not have any non-compete restrictions in the contract.

13. B.2 Minimum and Maximum

Quantities/Amo unts

Approximately how many hours of interpretation does EOIR anticipate that the chosen contractor will be asked to fulfill throughout the year? And how many hours of CART services?

This is essential in order for us to know how many staff we will need to supply.

See Response #5.

14. B.3 Price Tables

Does EOIR need CART services for both English and Spanish, or just one or the other?

The CART services are for both English and Spanish.

15. B.3 Pricing Table

The RFP states:

(11) Computer Aided Real-Time Transcription (CART) – a computer aided real-time transcription (CART) requirement issued by the Government, charged at a per hour rate. The CART services may be in either English or Spanish.

1. The pricing table only requests pricing for “Spanish” & “Other Language”. Where should we provide pricing for English CART services?

Please provide the pricing for English under “Other Languages - CART”

Vendor Questions Page 3

16. B.3 Pricing Table

The RFP states:

(11) Computer Aided Real-Time Transcription (CART) – a computer aided real-time transcription (CART) requirement issued by the Government, charged at a per hour rate. The CART services may be in either English or Spanish.

1. Our general CART practice does not generate a written transcript, just the one that will show on the recipients screen.

Please confirm this is sufficient.

Yes, that is sufficient. The hearing is digitally recorded and a separate transcript of the proceedings (spoken English only) will be available.

17. B.3 Price Tables

Which assignments will require Court-Certified Interpreters and which will require Professionally Qualified Interpreters?

Or will either type be okay in all cases?

Either type will be okay in all cases.

18. B.3 Pricing Table

The RFP states:

(12) Transcription/translation of recordings– a transcription/translation of recordings requirement issued by the Government. This involves mainly recordings where the assigned interpreter’s voice was not captured or is inaudible.

1. Our standard practice is to charge a per hour rate for transcription and a per word rate for the translation of the transcript. Are you requesting a single per hour rate for transcribing of a recording and the translation of the transcript generated from the recording?

Yes.

Vendor Questions Page 4

19. B.(c) 3.2. (2) Interpreter Categories - Only certified or professionally qualified interpreters with at least one year of experience interpreting in a judicial environment can interpret for the immigration courts.

Professionally Qualified Interpreter - interpreter who is certified by the National Center for State Courts, American Translators Association, National Association for Judiciary Interpreters and Translators, or Translators Certification Examination.

1. For professionally qualified interpreters within the immigration courts, can we use our own testing process to validate interpreters if they do not have one of the listed certs (National Center for State Courts, American Translators Association, National Association for Judiciary Interpreters and Translators, or Translators Certification Examination.)?

If they lack the one year of experience interpreting in a judicial environment they will not qualify even if tested.

If they meet the minimum one year of judicial interpretation requirement, a contractor’s own testing process will be accepted if the test is validated by EOIR and mapped to the ILR/Federal/State or similar standards/levels.

20. B.(c) 3 2 Neither the ATA nor the NAJIT certify interpreters any longer.

Incidentally, the ATA is a “translators” association. The only entity with authority to certify interpreters is the NCSC through the CLAC. Currently, there are certification exams for 18 languages. Would DOJ EOIR accept equivalents such as College Degrees in Linguistics; JD Degrees; or years of verifiable past performance in Court or Legal Interpretation?

ATA is not just a translators association; it is a worldwide association for both interpreters and translators. DOJ will only accept those interpreters who have been EOIR qualified in the past, who are federally/state certified or who have passed a comparable test validated by EOIR professionally qualified with at least one year of experience interpreting in a judicial environment.

Vendor Questions Page 5

21. B.3 (c )(2) Is DOJ requesting “membership” in the ATA and/or NAJIT for all interpreters? Membership is entirely different than certification or accreditation. These two organization are membership-driven. Sort of like the AAA for road assistance.

You pay, you are in. They are no longer authorized to certify or accredit anyone. Is membership sufficient?

No, we are not requesting that the interpreters be a member of either ATA or NAJIT. We are well aware that these two organizations are membership driven and even though they are no longer authorized to certify, we will accept the certifications of either organizations for those interpreters who are already certified.

22. B.3 (c )(2) Will DOJ grant waivers for all languages and dialects for which there is no certification?

If there is no certification for the language, then a professionally qualified/tested interpreter would be required. If the interpreter is lacking judicial interpreting experience, a waiver would have to be submitted for consideration.

23. B.3 (c )(2) Please clarify whether all interpreters in all languages in the Professionally Qualified Interpreter category must be certified given the very limited number of certifications available for the 600+ languages in the CASE database. Also please clarify that there is no waiver granted for lack of certification – that is, the only waiver afforded in Section C.3.5(b) is for lack of one year of judicial interpreting experience for rarer languages.

The interpreters are either certified or Professionally Qualified.

The only waiver afforded in Section C.3.5 (b) is for lack of one year of judicial interpreting experience.

24. B.4 Travel Just to clarify, any anticipated travel costs for all on-site interpreters and transcriptionists should be added into the hourly rate as a general average for those services?

All anticipated travel costs shall be included in the fixed unit prices proposed in Attachment (1), Pricing Table.

25. C.3 Statement of Work

Will telephonic interpreters be accepted as substitutes for on-site interpreters in all cases where on-site interpreters are unavailable?

Yes, but the decision to accept a telephonic interpreter is ultimately the judge’s decision.

26. C.3 Statement of Work

1. What is the average lead time for work orders broken down by location as well as language pair?

2. What are the current SLAs regarding fulfillment broken down by location and language pair?

The location should not matter. Attached to these response is a report providing the average lead-time for work orders by location and language pair.

The Government does not have this information.

Vendor Questions Page 6

27. C.3.12 Certification of Interpretation:

Is the DOJ interested in learning about a technology solution to replace the Certification of Interpretation form?

The Department is not soliciting for a technology solution to replace the Certification of Interpretation form.

28. C.3.5 At least ten (10) working days prior to providing an interpreter who is neither a United States citizen nor a lawful permanent resident, the Contractor must submit to the Government for review and approval the request for waiver and documentation demonstrating that this interpreter has work authorization or other permission of the Government to work in the United States. The Government will provide approval in writing via email.

1. If the vendor is not given 10 days-notice for a work order, would a waiver still be granted if within the 10 working day parameter?

No

29. C.3.5 (b) Certified or Professionally Qualified with at least one year of experience interpreting in a judicial environment. Federal, State or the National Association of Judiciary Interpreters and Translators (NAJIT) Judiciary Interpreters and Translators Certification Examination (JITCE) certification will be accepted. The Contractor may request a waiver of this requirement to utilize language skilled interpreters (interpreters that do not have one year of experience in a judicial environment) for rarer languages on an individual interpreter basis.”

Please clarify if this requirement is for both Certified and Professionally Qualified interpreters to have at least one year of experience?

The requirement is for both Certified and Professionally Qualified interpreters to have at least one year of experience in a judicial environment.

Vendor Questions Page 7

30. F.6. The term “working days” as used herein is defined as Monday through Friday excluding the Federal Government Holidays listed below. The holidays listed below are the only holidays that are recognized under this contract.

1. Please confirm there will be no weekend work orders

There will be no weekend work orders.

31. F.7.2. Liquidated Damages for Nonperformance of Services

(d) Liquidated damages will not be charged if the interpreter fails to appear and the failure to appear results from causes beyond the control and without the fault or negligence of the Contractor.

1. How does EOIR define “causes beyond the control and without the fault or negligence of the Contractor?”

If the interpreter is being traveled and the flight is either delayed or cancelled, thus causing the interpreter to not show up for the assignment.

32. H.10. Continuing Contract Performance During a Pandemic Influenza or Other National Emergency

1. How does EOIR define “acceptable” level of service during a pandemic or quarantine?

Detained hearings will most likely continue to be heard and interpreters will be expected to provide interpreting services, either in-person or by phone.

33. L.2 Inquiries Concerning the

RFP

Inevitably there will be more questions as we work through all the elements of this bid. If we have questions down the road, how should we handle that?

Additional questions may be submitted utilizing the format established in the RFP. Depending on the timing, the Government may or may not be able to respond.

34. L.3 Will the Government confirm that the Table of Contents, Table of Abbreviations/Glossary, cover letter, Cover/Title pages, letters of commitment, and attachments/appendices are excluded from page count

Yes

Vendor Questions Page 8

35. L.3 Format and Instructions for Proposals and Submission of

Offers

As far as the format of our Technical Proposal, would you like to see all items relating to the questions from section L3.2 compiled into one report, or will it be easier for you if we organize them into a file structure?

The Technical Proposal should be organized as outlined in Section L.3.2.1 through L.3.2.5

36. L.3 (a) Please provide the maximum file size that can be received via E-mail?

100 megabytes per email. There have been some issues when a bunch of ZIP files are zipped together, but normal zip files work fine.

37. L.3.2.2(3) RFP Section L.3.2.2(3) requires inclusion of the offeror’s Quality Assurance Plan (QAP) and Interpreter Evaluation Plan (IEP) in the 100 pages allocated for Volume II Technical Proposal.

Combined, a QAP and an IEP that are complete and sufficiently detailed to ensure the required levels of quality performance for LIS will approach 50 pages of processes, procedures, and tools.

Please confirm that it is acceptable for the Offeror to provide an abridged version of the QAP and IEP that address Section L, M, and all SOW requirements in the 100 page count and an unabridged formal plan for both the QAP and IEP as non-page counted attachments.

An abridged version that addresses all requirements within the 100-page count is acceptable provided that it touches upon ALL of the important features of the QAP and IEP and could stand alone on its own. The attachment would serve only to provide a deeper understanding of the plans.

Vendor Questions Page 9

38. L.3.2.4 The RFP requests five past performance references from the prime contractor and an additional five from any subcontractor that will bill $10,000,000 or above.

1. Can the prime include past performance references for subcontractors that won’t bill more than $10,000,000.00 on this contract? In order words, if the prime provides 3 past performance references and includes 2 past performance references from subcontractors does that satisfy the required 5 past performance references?

2. If the prime has 2 subcontractors that will likely bill more than $10,000,000 does each subcontractor need to provide 5 past performance references? Or can the first subcontractor provide 2 past performance references and the second subcontractor provide 3?

1. No. The prime must submit five past performance references for work from the prime for same or similar work performed within the past three years.

2. Yes, each subcontractors that will likely bill more than

$10,000.000 are required to provide 5 past performance references.

39. RFP Section I and M.3

The Government mentions FAR clause 52.219-4 in Section I clauses and in Section M.3. However, in the pricing template there is already another pricing adjustment being added for non-SDB’s. We believe it was the Governments intent for this adjustment to be calculated once, please clarify.

Additionally, the Offeror suggests replacing FAR 52.219-4 with FAR clause 52.219-23 that requires the adjustment in Total Evaluated Price for non-SDB’s.

The summary tab on Attachment (1), Pricing Table, has been removed. A revised Attachment (1) is included with Amendment P00002.

Far Clause 52.219-4 is applicable to this solicitation and 52.219-23 no longer exists and is “Reserved” in the FAR.

40. Attachment+(1) +Pricing+Table, Nationwide tab

There appears to be an error in the formula summing the “Extended Totals” in the Nationwide tab (cells E38, F38, G38, H38, I38), it doesn’t capture all the rows above.

Will the government be updating the Attachment 1 spreadsheet to add a formula to account for this or should the contractor make the corrections?

See the corrected Attachment 1, Pricing Table, included with this amendment P00002.

Vendor Questions Page 10

41. Attachment+(1) +Pricing+Table, Summary tab

The Instructions tab states, “In the Summary Totals spreadsheet (Summary tab), answering "no" (in cell B14) to claiming the HUBZone (in cell B14) will result in adding 10% of the "Subtotal Evaluated Price" to your proposal.” There is no formula in C14 adding 10% to the Total Evaluated Price.

Will the government be updating the Attachment 1 spreadsheet to add a formula to account for this or should the contractor make the corrections?

The Summary Total tab has been deleted. Vendors need to indicate their business size and any socio economic status in the representation and certifications in Section K and any adjustments will be made, if appropriate, during the business proposal evaluation.

42.

Attachment+(1) +Pricing+Table, Summary tab

Was it the DOJ’s intent to add 20% to large and small non- HUBZONE/SDB’s as well as adding 10% to the TEP for a non-SDB HUBZONE and non-HUBZONE SDB? We recommend having one or the other in the pricing template, versus both.

See the Response #39.

43. Attachment (1) In “Attachment (1) Pricing Table”, can you clarify how to apply the HubZone and Small Disadvantaged Business discount/penalty? The instructions state that, “4. In the Summary Totals spreadsheet, answering "no" to claiming the Small Disadvantaged Business (SDB) adjustment will result in adding 10% of the "Subtotal Evaluated Price" to your proposal.

Similarly, answering "no" to claiming the HUBZone adjustment will also add 10% of the "Subtotal Evaluated Price" to your proposal.” However, when I enter yes or no in the indicated fields in the Summary Tab, there was no change to my price. Is the Excel file supposed to automatically calculate the new total when a “yes” or “no” is entered?

See Response #39.

44. Attachment 3 In Attachment 3, LANGUAGES BY LOCATION, covering the period November 1, 2018 through October 31, 2019, does EOIR expect that volume will be increasing in 2019-2020 period? And for 2020-2021?

This contract is an indefinite-delivery, indefinite-quantity contract. The volumes may increase or decrease over the life of the contract. The volumes specified in the solicitation are the Government’s best estimates at this time.

Vendor Questions Page 11

45. Attachment (3) Would it be possible to get the data included in “Attachment

(3) Languages-By-Location-February-2020” in a different format like Excel or CSV to facilitate our planning efforts?

Please follow these instructions to convert PDF files into Excel spreadsheets:

1. Open a file in Acrobat DC.

2. Click on the “Export PDF” tool in the right pane.

3. Choose “spreadsheet” as your export format, and then select “Microsoft Excel Workbook.”

4. Click “Export.” If your PDF contains scanned text, Acrobat will run text recognition automatically.

46. Attachment (4) Would it be possible to get the data included in “Attachment

(4) BASE CITIES AND HEARING LOCATIONS February 2020” in a different format like Excel or CSV to facilitate our planning efforts?

Please follow these instructions to convert PDF files into Excel spreadsheets:

1. Open a file in Acrobat DC.

2. Click on the “Export PDF” tool in the right pane.

3. Choose “spreadsheet” as your export format, and then select “Microsoft Excel Workbook.”

4. Click “Export.” If your PDF contains scanned text, Acrobat will run text recognition automatically.