DOJ_EOIR Language Services RFP P00002.pdf

RFP # 15JPSS20R00000017 Amendment P00002 EOIR Language Services

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST

B.1 General

(a) The Contractor shall provide all management and supervision, labor, and supplies necessary to perform on-site and scheduled telephonic interpretation, written translation, Computer Aided Real-Time Transcription (CART), and transcription/translation of recordings services in multiple foreign languages for the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), on an indefinite delivery, indefinite quantity task order basis.

(b) The contract includes a base period and four (4) option periods as described below:

Contract Term

Base Period 09/01/2020 thru 08/31/2021 Option Period I 09/01/2021 thru 08/31/2022 Option Period II 09/01/2022 thru 08/31/2023 Option Period III 09/01/2023 thru 08/31/2024 Option Period IV 09/01/2024 thru 08/31/2025

(c) Because the continuing provision of language services is essential to continuity of the program, it is critical that the phase-in of Contractor personnel and the assumption of ongoing tasks is accomplished in a well-planned, orderly and efficient manner, utilizing the Transition Plan provided by the Contractor in its proposal.

(d) The performance of all work under this contract shall be initiated as discussed in

Section H.2.3.

B.2 Minimum and Maximum Quantities/Amounts

(a) The Government will order a minimum amount of $100,000.00 under the awarded contract.

The Department will have the entire term of the contract (to include all options) to fulfill the contract minimum. The exercise of the renewal options (see Section F.2) does not re-establish the contract minimum. During the life of this contract, the Government may order items in any quantity up to the maximum amounts specified in paragraph (b) below. If the minimum amount has not been ordered, the Department will exercise the option for the next year.

(b) There are no maximum quantities/amounts for each individual CLIN or contract period. The maximum aggregate amount of all orders issued under the contract awarded under this solicitation shall not exceed (to be inserted at award) for the entire term of this contract, including all options that may be exercised.

B.3 Price Tables

(a) All contract unit prices shall be as specified in the pricing table included as Attachment (1).

The basic contract line item number (CLIN) structure includes a prefix and a “core” number as shown below:

X-XXXX

(1) The four digit ‘core’ or ‘series’ number is used to segregate the broad categories of interpreter services. The first digit is constant for each category of services and represents the “CLIN series.” The last three digits are reserved as the 'unique identifier' for each separately priced item within that CLIN series.

(2) The single digit prefix is used to indicate the contract period, i.e., “0" indicates the contract base period, “1" indicates Option Period 1, etc.

(b) The contract unit prices included in the pricing table shall be firm fixed priced. All firm fixed unit prices must be fully loaded to include all costs (both direct and indirect costs) and profit necessary to provide the level of service specified in the contract.

(c) The following definitions apply to the pricing table:

(1) Language Interpreter Services - Interpreting services provided by contract interpreters to augment EOIR in-house staff. Contract Interpreter Services are available to all Immigration Courts (IC), specifically for hearings for which an IC staff interpreter is not available to interpret in the required language or dialect, and in some instances, to assist in meeting interpreter requirements for which IC staff interpreters are not able or not available to fully meet the interpreter needs of the Court.

(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.

• Certified Interpreter - interpreter who has passed the Administrative Office of the United States Courts certification examination. This only applies to Spanish, Navajo and Haitian Creole.

• Professionally Qualified Interpreter - interpreter who is certified by the National Center for State Courts, American Translators Association, National Association for Judiciary Interpreters and Translators. Interpreter who has previously worked on this contract, passed the contractor’s (EOIR approved) test and is therefore, EOIR qualified

(3) Other Languages - Any language other than Spanish.

(4) Telephonic - Interpreter Services provided over the phone as opposed to on-site.

(5) Hourly Rate – Applies to the following: Work orders issued by the hour (a minimum of three (3) hours will be paid for work orders issued by the hour);

Telephonic interpretation work orders (CLINs x-1004 and x-2004); and Additional hours paid beyond the ½ day rate for 5 and 6-hour orders and additional hours paid beyond the day rate (more than 8 hours).

(6) ½ day - For work orders of four (4) hours duration.

(7) Day - For work orders of more than six (6) hours, but not more than eight (8) hours.

(8) Week - For work orders of at least five (5) consecutive work days

(9) Work Order – An interpretation service requirement issued by the Government. At a minimum includes type (hourly, telephonic, half day, full day, or weekly), language, and hearing location, date and start time as part of the service ordering information. See paragraph H.2.3(d) for additional information.

(10) Written translation – a written translation of a document requirement (from a foreign language into English or from English into a foreign language) issued by the Government, charged at a per word rate. The final translation must be accompanied by a certification regarding the translator’s abilities.

(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.

(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.

(d) If an hourly language work order is issued for on-site service (i.e., not telephonic), the

Contractor is guaranteed payment for a minimum of three (3) hours.

(e) Except as provided in paragraph F.6.2, a minimum three (3) hour payment will be made if a language interpreter appears in court for a hearing but is not used for reasons beyond the control and without the fault or negligence of the Contractor (such as a conflict of interest that becomes apparent at the hearing, the Government ordered the wrong language, etc.).

B.4 Travel

All travel costs shall be included in the fixed unit prices contained in Attachment (1).

SECTION C – STATEMENT OF WORK

C.1 Scope

The Executive Office for Immigration Review (EOIR) requires on-site interpretation, scheduled telephonic interpreter, written translation, Computer Aided Real-Time Transcription (CART), and transcription/translation of recordings services. These services are required for immigration court proceedings on an as needed basis throughout the fifty United States, the District of Columbia, and U.S.

territories including, but not limited to, the Commonwealth of Puerto Rico, the Virgin Islands, the Mariana Islands, and Guam. This contract is available to all Department of Justice components.

C.2 Background

(a) EOIR was created on January 9, 1983, through an internal Department of Justice reorganization. EOIR administers and interprets Federal immigration laws and regulations through the conduct of immigration court proceedings, appellate reviews, and administrative hearings in individual cases. EOIR carries out these responsibilities through its three main components:

(1) The Office of the Chief Immigration Judge (OCIJ), which oversees all the Immigration Courts and their proceedings;

(2) The Board of Immigration Appeals (BIA), which hears appeals of decisions made in individual cases by Immigration Judges, Department of Homeland Security (DHS) District Directors, or other immigration officials; and,

(3) The Office of the Chief Administrative Hearing Officer (OCAHO), which resolves cases concerning employer sanctions, document fraud, and immigration-related employment discrimination.

(b) OCIJ provides overall program direction, articulates policies and procedures, and establishes priorities for the Immigration Court. As of October 2019, there are approximately 426 Immigration Judges located in sixty-eight Immigration Courts; these numbers are subject to change. These Courts are located in federal buildings, private buildings, Institutional Hearing Program (IHP) facilities, including, but not limited to, correctional institutions and detention centers. Judges conduct hearings in these Courts to resolve various immigration matters. The Courts vary in size, from one to thirty-nine judges, depending on the caseload. Approximately 500,000 immigration matters are heard annually.

(c) The majority of hearings are removal proceedings. There are generally two stages in the hearing process: master calendar and individual merits hearings. In a master calendar hearing, the judge explains the purpose of the proceeding and the respondent’s rights; individual hearings are to hear the merits of the case. Generally, the length of an individual merits hearing ranges from one hour to three hours. The Judge hears testimony from the respondent and witnesses for each party, many of whom are cross-examined. The hearings are recorded by a digital audio recorder and become part of the official Record of Proceeding (ROP). The number of individual merits hearings per day varies, but the average is about three hearings per Judge. Immigration hearings are conducted in the English language with EOIR providing either staff or contract interpreters as needed. Some detained hearings where the judge, having reasonable cause to believe that the respondent has a mental disorder impairing his or her ability to represent him or herself, will order that a Forensic Competency Evaluation be conducted by a mental health professional to assess the competence of the respondent to represent him or herself in immigration proceedings. The mental health professional shall use the services of a language interpreter provided by the court – via this contract. If the mental health professional is not fluent in the language that the respondent speaks and understands best.

(d) EOIR currently has 80 staff interpreter positions (primarily Spanish, but also many Mandarin).

EOIR relies on contract interpreter services to augment the in-house staff and to provide interpreters for matters involving other languages. General oversight of both the in-house interpreter program and the contract interpreter program is provided by the Chief of the Language Services Unit (LSU) within OCIJ.

(e) The importance of having a contract interpreter in place and ready to begin at the scheduled time is considered to be of the essence. Delay or cancellation of a proceeding because of the unavailability of a contract interpreter is a major disruption to court operations and a costly occurrence.

C.3 Statement of Work

C.3.1 Languages

(a) Interpretation languages are grouped into two (2) categories. The first category is “Spanish,” and the second is “Other Languages”. Attachment (2) specifies the languages by category. The totals are for informational purposes only and should not be construed to predict future ordering patterns or to be a guaranteed number of orders.

(b) The Contractor shall provide on-site interpreters for any language requested, regardless of category or it being a new language. The Government will only pay for the specific language requested.

If an assigned interpreter (usually for an indigenous language) is unable to interpret directly into English, the contractor shall provide – at no additional cost to the Government - a Spanish (or other language) to English relay interpreter.

C.3.2 Hearing Locations

(a) A printout of all hearing locations by “base city” and “region,” which includes all locations where hearings are held, is included as Attachment (3). This attachment will be updated as additional locations are added. The Contractor shall provide a sufficient number of interpreters in all languages and dialects as ordered for any required hearing location, including, but not limited to, locations shown in Attachment (3). If, within any three-month period, the Contractor is assessed liquidated damages for a no-show (see F.7.2) two times for a particular language and location, the Government has the right to make a written determination that the Contractor is deficient in the specific language at that location.

Upon such written determination, the Contractor shall provide written detailed status reports every two weeks to the COR addressing the Contractor’s efforts to recruit and train additional interpreters for that language that specify: 1) the name of each potential resource (interpreter or organization) contacted, 2) the date on which the potential resource was contacted, and 3) the result of making contact with the candidate or resource. These languages will be deemed high priority recruitment languages by the Government and must receive enhanced attention by the Contractor.

(b) Interpreters may be required at any number of locations concurrently. The Government does not guarantee that interpreters will be required for all locations. Interpreters may be required for multiple hearings or required to work with more than one immigration judge. The interpreter must remain at the hearing location for the duration of the work order unless dismissed earlier by the Government.

(c) Multilingual interpreters (whose EOIR qualifications have been verified) may be asked to interpret – without advance notice – in languages other than the one originally ordered. If this situation occurs, DOJ will pay the highest applicable rate as it applies to the time involved. No additional COI will be issued.

(d) Failure to provide an interpreter for any work order will result in the assessment of liquidated damages, except as specified in paragraph F.7.2. A written, electronic Suspension of Search (SOS) notice must be submitted to the COR one week in advance of the work order delivery start time for every in-person interpretation requirement for which the Contractor knows that an interpreter will not be available, detailing the circumstances for the unavailability of an interpreter. Whenever the contractor offers a scheduled telephonic interpreter in lieu of in-person, the SOS notice must be received 72 hours in advance of the work order start time. Same day SOS notices must be called in to the COR in addition to being sent electronically. For all no-show work orders where the Contractor had no prior knowledge as to the unavailability of an interpreter, the Contractor shall provide, immediately upon being informed of the no-show, a detailed explanation for the failure to provide an interpreter to the COR. This notification shall be submitted to the COR via electronic transmission; in the case of no-shows for same day hearings, a telephone call shall be followed by an electronic notification to the COR. The Contractor may request a waiver of liquidated damages if an interpreter fails to appear and the failure to appear results from causes beyond the control and without the fault or negligence of the Contractor as set forth in paragraph F.7.2 (d). Repeated failures to provide interpreters may subject the Contractor to the default provisions of this contract.

C.3.3 Scheduled Telephonic Interpretation

(a) The Contractor shall provide scheduled telephonic interpretation services when requested by the Government at the applicable per hour rate.

(b) Telephonic interpreters must be prepared to begin at the scheduled work order start time. If after one hour from the scheduled work order start time the Government has not contacted the telephonic interpreter, the interpreter is released and the Contractor will be paid for one hour.

(c) The Contractor shall provide telephonic interpreters with the same qualifications as the on-site interpreters and provide the Government with the interpreter’s telephone number or a toll-free access telephone number. The working day prior to the hearing the Contractor shall electronically transmit to the Government – directly to the appropriate court with a cc: to the LSU - a separate “Certification of Telephonic Interpretation” (COTI) form for each telephonic work order containing all relevant information and formatted according to guidelines provided by the Government. Interpreters may be required at any number of locations concurrently. The Government will use Government telephone lines to contact the interpreter when they are required for the hearing. The Contractor shall ensure telephonic interpreters use a landline based telephone connection (i.e., no cellular or wireless telephones, no exceptions), free of any background noise.

(d) The Contractor shall provide to the Government at least 72 hours’ notice in advance of the work order start time any Suspension of Search (SOS) notices where scheduled telephonic is offered in lieu of in-person.

(e) Payment deductions will not be assessed against the Contractor when telephonic interpretation services cannot be provided or completed due to causes beyond the control and without the fault or negligence of the Contractor. This would apply only when it can be proven that the issue was caused by either the court’s phones or the line provider (e.g. AT&T).

(f) Changes from in-person to scheduled telephonic may be offered by the contractor for consideration by the government.

C.3.4 Translation

The Contractor shall, on an as needed basis, provide written certified translation of documents of varying length for different components within EOIR headquarters when requested by the Government at the applicable per word rate. Translations may be required for any number of languages.

C.3.5 Interpreter Qualifications

The Contractor shall provide qualified, professional, experienced interpreters who possess a high level of interpretation skills and proficiency in both the English language and the non-English speaker’s language in order to interpret the speaker’s meaning completely and accurately. Specifically, contract interpreters must be:

(a) United States citizens or lawfully admitted into the United States for permanent residence.

The Contractor may request from the Government a waiver of this requirement on a case-by-case basis for languages for which a qualified interpreter who is either a United States citizen (USC) or a lawful permanent resident (LPR) cannot be located. Waivers will be granted only for asylees who have already been granted asylum status. 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.

(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.

(c) Highly proficient in both English and the foreign language vocabularies typically used in formal, consultative, and casual modes of communication in justice system contexts, including colloquial slang, idiosyncratic slang, and regionalisms.

(d) Knowledgeable of specialized vocabulary (terminology) in both English and the foreign language related to legal and criminal justice system terminology and immigration procedures, particularly with regard to terminology typically used in Immigration Court hearings.

(e) Knowledgeable of the Code of Professional Responsibility for interpreters and protocol of court interpreting, as indicated by having each interpreter sign a copy of the Code of Professional Responsibility and Guidelines for Contract Interpreters (Attachments (5) and (6), respectively).

(f) Able to speak English and the foreign language fluently, including high to low levels of language register, regional colloquialisms and slang expressions, and do so with clear and intelligible pronunciation.

(g) Adept at simultaneous and consecutive interpretation, and sight translation.

(h) Able to perform full and complete interpretation (everything is interpreted using a combination of consecutive and simultaneous modes of interpretation) that is factually and conceptually accurate without changes, omissions, or additions. For specific languages that, as a result of their grammatical structure, simultaneous interpretation is not feasible, the Contractor shall submit a written waiver request, via email, of the requirement for simultaneous interpretation with the appropriate justification for each such language. The request shall be submitted as soon as the work order is received. The Government will respond in writing via e-mail.

(i) Able to preserve the tone and emotional level of the speaker, as well as manage the delivery, speed and length of the statement (projection, pace and pausing) of the speaker.

(j) Able to maintain appropriate speed and projection while rendering interpretation, and request and incorporate clarification of speaker’s statements only when justified.

C.3.6 Quality Controls

(a) All work performed under this contract shall be performed in accordance with the standards provided in Section C and all associated attachments to this contract. To ensure all services conform to contract specifications, the Contractor shall implement quality control procedures for all tasks as delineated in the Quality Assurance Plan originally submitted in its proposal. The Contractor shall maintain and update its Quality Assurance Plan as necessary; however, any changes to the plan must be approved by the Government before being implemented.

(b) For quality control purposes, the Government may verify the qualifications of any interpreter.

(c) The Contractor’s Quality Assurance Plan shall, at a minimum, address the following:

(1) Maintenance of a Master File for each interpreter. The Master File shall be kept in electronic format (i.e., scanned documents). The Master File is a critical factor within the overall Quality Assurance Plan and must contain at a minimum the following information for each interpreter: resume; copy of the interpreter’s court Federal, State or JITCE interpreter certification (if applicable); signed Code of Professional Responsibility statement; signed Guidelines for Contract

Interpreters statement; interpreter evaluation report (see C.3.7.1(e) below);

written evaluation of any hearing recording reviewed at the Government‘s request; and work authorization documentation. The Contractor shall provide access to any interpreter’s Master File and/or a copy of the interpreter’s Master File to the Government within two (2) working days after the Government's request (for example, if the Government’s request is made on Friday, October 18, 2019, the Master File must be made available by Tuesday, October 22, 2019).

EOIR will either review the documentation at the Contractor's site or direct the Contractor to forward a copy of the documentation to EOIR.

(2) An Interpreter Qualifications Matrix listing all interpreters used by the Contractor in meeting the requirements of this contract (see Attachment (7) for instructions on how to compile the Matrix). The Contractor shall update the Interpreter Qualifications Matrix on a monthly basis and provide it to the Government in electronic format.

C.3.7 Interpreter Evaluations

C.3.7.1 Interpreter Proficiency/Skills Evaluation

(a) An evaluation of each interpreter must be conducted by a qualified interpreter evaluator and approval given by the Contractor prior to an interpreter interpreting for the Immigration Court. All expenses incurred in the development and administration of an interpreter’s evaluation shall be assumed by the Contractor. The Contractor shall keep on file an up-to-date list of qualified interpreter evaluators, with specific qualification for each evaluator, and shall provide a copy of the list to the Government within two (2) working days after the Government's request (for example, if the Government’s request is made on Friday, October 18, 2019, the Master File must be made available by Tuesday, October 22, 2019).

(b) To ensure each interpreter’s proficiency in his/her respective interpretation language(s) and the English language, and to ensure that the interpreter possesses adequate interpretation skills, the Contractor shall perform an ongoing interpreter evaluation process pursuant to the Interpreter Evaluation Plan originally submitted in its proposal. An evaluation of each interpreter must be conducted annually by a qualified interpreter evaluator. Any changes to the plan after contract award must be approved by the Government before being implemented.

(c) The interpreter evaluation process must include a detailed and specific evaluation of language proficiency for English and each respective foreign language the interpreter interprets, and the interpreter’s interpretation skills in consecutive, simultaneous and sight translation.

(d) The evaluation process methodology should include, at a minimum, such factors as structured performance interviews, language examinations, skills and abilities tests, performance evaluations, or any combination thereof, and must be documented according to each specific language in the Interpreter Evaluation Plan.

(e) The interpreter evaluation process shall include a written evaluation report detailing the results of each interpreter’s evaluation, to be maintained in each interpreter's Master File, and to be made available for review by the Government within two (2) working days after the Government's request.

C.3.7.2 Evaluation of Interpreter’s First Assignment

(a) The Contractor shall evaluate a new interpreter’s first substantive (merits hearing) assignment at the Immigration Court. The Government will furnish to the Contractor a copy of the recording, either in electronic file format or a compact disk within 5 business days of the Contractor’s request The Contractor must obtain, at its own expense, the equipment necessary to play back the recording. The Government may select a later assignment if there is not sufficient interpretation (at least forty-five (45) minutes of interpretation) during the first assignment to provide a thorough evaluation of the interpreter’s language proficiency and interpreting skills. The Interpreter may not be assigned to another hearing until the passing results have been received by the Government.

(b) The Contractor shall provide electronic notification to the Government of a new interpreter’s first assignment at least five (5) working days prior to the work order delivery date, or subsequent assignment if the first assignment was deemed to provide insufficient amount of interpretation, as determined by the Government.

(c) A qualified interpreter evaluator shall perform a detailed written evaluation of the new interpreter’s language proficiency and interpretation skills at the actual EOIR hearing pursuant to the Contractor’s approved Interpreter Evaluation Plan. The Contractor shall complete and furnish the written evaluation to the Government within ten (10) working days after the Contractor’s receipt of the recording. (NOTE: The Contractor must provide the written evaluation within the 10-day period in order to invoice for the services provided by the new interpreter. Failure to meet the 10-day period will result in rejection of the performed service.) The written evaluation must include at a minimum a detailed evaluation of the interpreter’s language proficiency, interpreting skills and ability, and a detailed error analysis with information on the impact or change in meaning or completeness of the interpretation resulting from the errors. Upon completion, the written evaluation must be immediately forwarded to the Government and a copy of the written evaluation must be kept in the interpreter's Master File. The Contractor shall properly dispose of the recording file or compact disk. If the qualified interpreter evaluator rates the performance as substandard, the new interpreter shall not be used in subsequent hearings, unless reinstatement is granted by the Government. The Contractor shall keep a current list of qualified interpreter evaluators, with the specific qualifications for each evaluator, on file and must provide a copy of the list to the Government within two (2) working days after the Government's request.

C.3.7.3 Subsequent Evaluation of Interpreters

(a) As requested by the Government whenever a concern regarding a specific interpreter’s performance is raised, the Contractor shall have a qualified interpreter evaluator evaluate the recording of any hearing interpreted by the Contractor's interpreter, pursuant to the Contractor’s approved Interpreter Evaluation Plan.

(b) Within ten (10) working days of the Government providing the recording and requesting an evaluation of an interpreter’s interpretation the Contractor shall complete and furnish to the Government a detailed written evaluation of the interpreter’s performance at the hearing. The written evaluation shall include, at a minimum, a detailed evaluation of the interpreter’s language proficiency, interpreting skills and ability, and a detailed error analysis with information on the impact or change in meaning or completeness of the interpretation resulting from the errors. A copy of the written evaluation must be kept in the interpreter's Master File. The Contractor shall properly dispose of the recording file or compact disk. (NOTE: The Contractor must provide the written evaluation within the 10-day period in order to invoice for the services provided by the interpreter. Failure to meet the 10-day period will result in rejection of the performed service.)

(c) The Government may also, at the Government’s expense, have an independent, third party evaluation conducted of any contract interpreter and the related hearing. The Contractor shall fully cooperate with any such third party evaluation. In either situation, if the interpreter’s skills are judged substandard, the Contractor shall not use the interpreter in future hearings, unless reinstatement is granted by the Government in writing via email.

C.3.8 Interpreter Disqualifications

The Government reserves the right to refuse the use of an individual interpreter provided by the

Contractor due to poor performance, inappropriate hygiene/appearance/conduct, security concerns, or any other reason based on a failure to satisfy the requirements of the contract (see Section F.7.2). Such a refusal is deemed a disqualification of the interpreter. Once the Contractor is notified that a particular interpreter has been disqualified, the Contractor shall not use such interpreter in any hearings, unless reinstatement is granted in writing by the COR or designee. The Contractor shall submit written Reinstatement requests and shall include detailed information on the specific actions taken by the Contractor that justify reinstatement, such as confirmation of training, counseling, additional interpreting skills and language proficiency evaluations, ethics training, etc. Interpreters who are disqualified due to inadequate interpretation and who receive a failing score on the related recorded evaluation must be re-tested by the Contractor, at no cost to the Government, and must receive a passing score prior to a reinstatement request being submitted. Disqualifications based on a failure to satisfy specific requirements of this contract will result in liquidated damages being assessed. There may be an occasion when an interpreter cannot be used for a specific work order after the interpreter appears in court, but not as a result of a disqualification (for example, as a result of a conflict of interest issue; the respondent speaks a language or dialect other than the one ordered; the court has to evacuate the building, etc.). In these instances, it is likely, though not always the case (see exceptions under paragraph F.6.2), that the Government will pay the three hour minimum for on-site interpreters. Disqualifications resulting from issues within the control of the contractor or interpreter will result in a one-hour deduction at the appropriate language hourly rate from the total related order payment. NOTE: disqualifications resulting specifically from inadequate interpretation will result in a deduction equal to two (2) hours.

C.3.9 EOIR Hearing Process

The Contractor shall ensure that any interpreter sent to an EOIR hearing has a sufficient understanding of the EOIR hearing process, terminology and procedures, and arrives prepared to proceed.

The Contractor shall maintain in each interpreter's Master File a checklist, signed by the interpreter, that indicates that each of the following have been received and/or completed, where indicated:

(a) A copy of EOIR's Immigration Court Interpreter Handbook, and all subsequent revisions, provided at the Contractor's expense. The Government will provide the Contractor with one copy of the Handbook and any subsequent revisions. The Contractor shall make sufficient copies of the Handbook, at its expense, and shall provide the Handbook to all interpreters.

(b) A copy of the Immigration Court Terminology list in English and the interpreter’s respective language(s) (see Attachment (8)). The Contractor shall update the lists as required by the Government to reflect changes in the law and the addition of new terms and phrases. Each interpreter must bring his/her lists to all hearings as a resource. The Contractor shall provide the Terminology list to all interpreters.

(c) Attend Immigration Court proceedings (one Master Calendar Hearing and one Individual Hearing) and view the Immigration Court orientation video at the Contractor's expense. The Government will provide one copy of the video to the Contractor. All copies of the video and the time required to review it, as well as the time required for the in-person observation, shall be provided at the Contractor's expense.

(d) The Immigration Court Operating Guidelines for Contract Interpreters (see Attachment (6)). The Contractor shall ensure all of its interpreters read and sign the Operating Guidelines. The original of the Operating Guidelines must be kept in each interpreter's Master File and be made available for review by the Government within two

(2) working days after the Government's request. The Contractor shall reproduce and distribute the Operating Guidelines at its own expense.

C.3.10 Resource Materials

The Contractor shall ensure all of its interpreters have relevant language resource materials available, including English language/foreign language conversion dictionaries, monolingual dictionaries, legal dictionaries, etc. The interpreters must bring, at a minimum, one bilingual (English and respective foreign language) conversion dictionary to any hearing in which they interpret for languages where the conversion dictionary is available. The Contractor shall notify the Government of languages for which the conversion dictionaries do not exist. The Contractor shall provide the above items to its interpreters at its own expense.

C.3.11 Code of Professional Responsibility

The Contractor shall reproduce and distribute to its interpreters, at the Contractor's expense, the

Code of Professional Responsibility Statement (Attachment (5)). The Contractor shall ensure all of its interpreters read and sign the Code of Professional Responsibility Statement. The Contractor shall keep the original of the Code of Professional Responsibility Statement in the interpreter's Master File and make it available for review by the Government within two (2) working days after the Government's request.

C.3.12 Administrative Requirements

(a) Interpreters shall have a Contractor-issued photo identification and their Certification of

Interpretation (COI) for all assignments for which they interpret. The Contractor shall provide each interpreter with employee photo identification pursuant to the sample of the interpreter photo identification submitted with the Contractor's proposal.

(b) Some hearing locations require personal information, i.e. Social Security Number, etc., ten

(10) full working days in advance of the work order to ensure that the interpreter will be given access to the hearing facility. This information will be provided to the hearing location by the Government. The Contractor shall provide this information to the Government within two (2) working days after the Government’s request. If the work order is placed within two working days of the hearing, the Contractor shall provide this information by close of business the next working day or two hours prior to the work order delivery start time, whichever is earlier. Failure to provide the information within two working days will result in the assessment of payment deductions as specified in Section F.7.1. A failure on the part of the Contractor to gain access to the hearing will result in no-show liquidated damages.

(c) Interpreters shall be in place and ready to begin precisely at the time specified in the work order. Work hours vary for each location. Hearings are normally scheduled between the hours of 7:30 a.m. and 5:30 p.m., local hearing location time, Monday through Friday, excluding Government holidays.

Federal Government holidays are the only holidays recognized by the Government under this contract. If the case is not adjourned for lunch, the interpreter shall remain for the duration of the work order unless released earlier by the Government and will be paid for all time ordered. If the case is adjourned later in the day, the interpreter may be given time for lunch not to exceed two hours. Lunch breaks will not be paid for by the Government and are not guaranteed to be available. Lunch breaks must be reflected on the

COI.

(d) The Contractor's designated point of contact for receipt of work orders and work order administration personnel shall be available from 7:30 a.m. - 9:00 p.m. Eastern Time, Monday through Friday, except for Government holidays. In addition, the Contractor shall make available to the COR, LSU staff and designated court staff nationwide contract interpreter daily assignment/usage information updated in real-time via a secured Contractor internet website. and various reports, including:

First Time Interpreter Assignments Recording evaluations, Interpreter disqualifications, Interpreter orientations, Interpreter recruitment

Reports must include all specific data fields requested by EOIR (e.g., Base City, custody status, etc.).

Information shall be updated no less than daily, should be in report format, and made available for both downloading in Excel format and viewable as an html format internet web page. NOTE: access to this information/website must be made available to the above individuals at the outset of the Base Year.

(e) To ensure open and reliable communications between the Government and the Contractor, the Contractor shall have adequate dedicated telephone lines, facsimile machines and access to the Internet for the purpose of transmitting and receiving interpreter work orders. The Contractor shall be available for weekly meetings with the Government, as needed. The Contractor personnel to attend the meetings will be the Program Manager and/or other key personnel deemed necessary by the Government.

At a minimum, other key personnel in attendance shall include the Operations Manager, Recruitment Manager, Quality Assurance Manager and Accounting Manager. All costs incurred by the Contractor related to any meetings are the responsibility of the Contractor.

C.3.13 Certification of Interpretation

(a) The Government will document each work order on a Certification of Interpretation (COI)

(see Attachment (9)). The COI will be used to certify that an interpretation was provided for each work order and for billing purposes.

(b) The Contractor shall distribute COIs to its interpreters. Interpreters shall bring a completed COI with them for each work order. Prior to the interpretation services being rendered, the interpreter shall complete and sign the top section of the COI; there will be one COI per work order. The Government will review and sign the bottom section of the COI approving the length of service performed.

(c) The COI shall contain the information found in the sample provided in Attachment (9) and shall be completed in triplicate, using carbonless paper. The original of each COI will be retained by the Government. The remaining two copies shall be retained by the interpreter (one copy for the interpreter and one copy to be forwarded to the Contractor).

(d) COI's will be the primary documentation used by the Government in reconciliation and certification of Contractor invoices. The cost to reproduce and distribute the COI shall be the responsibility of the Contractor.

(e) In addition to the COI, the Government will utilize a Contract Interpreter Performance (CIP) form (see Attachment (10)) to note and make comments on various aspects of the interpreter’s performance or compliance with the contract’s requirements. The Government will submit requests for further review and action to the Contractor.

(f) Upon arrival at the hearing site, all interpreters shall have their COI date stamped by the

Government as verification of arrival time. The interpreter's departure time will be hand written on the COI by the Government. This procedure applies for all hearing locations except those in locations where there is no date stamp; for these locations the interpreter must have the Government manually annotate their arrival and departure times on the COI.

(g) All new interpreters shall indicate on their first COI that this is their first Immigration Court assignment, and shall identify themselves as a first time interpreter to the Immigration Court staff upon arrival. They shall also indicate whether they are a USC, LPR or have been granted a waiver (i.e., asylee).

(h) Since hearings vary in length, EOIR cannot predict at the time a work order is placed how long the interpreter will be required. If an hourly work order is issued, interpreters shall provide, at a minimum, three (3) hours of service, unless released early by EOIR. Therefore, if an hourly work order is issued, interpreters shall return to the check-in window after completing each assignment to verify whether their services are required elsewhere within the court to fulfill their three (3) hour minimum.

For work orders that start at 9:00 a.m. or earlier interpreters will not be required to stay beyond 12 noon (they may voluntarily stay if their services are requested). For work orders that start at 9:30 or later, A.M. interpreters will not be required to stay beyond 5:00 p.m. (they may voluntarily stay if their services are requested).

(i) Vendor must establish and maintain a separate, dedicated email box to receive scanned copies of all COI forms that will be submitted by the courts directly to the vendor with a cc: to EOIR. Email box must be able to accommodate more than 10,000 scanned COI forms monthly.

C.3.14 Contract Phase-In

The continuing provision of language interpreter services covered under this solicitation is essential to continuity of the program. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well-planned, orderly and efficient manner. The Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks in accordance with the Government phase-in schedule (see Section B.1(c)). Phase-in activities will include, but not be limited to, placement of any necessary subcontracts, mobilization of staff and other resources, obtaining of necessary clearances, execution of the Confidentiality Agreement included as Attachment (11), and any other activities required to put the Contractor in a position to accept and perform requirements for language interpreter services. Certain current staff of the incumbent contractor will be available during this period to provide administrative and technical orientation to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government and the Contractor.

C.3.15 Contract Phase-Out

At the conclusion of the contract, the functions performed under this contract may convert to an in-house Government operation or may be awarded through another contract. In either case, the Contractor shall assist in the phase-out of this contract as necessary.

SECTION D - PACKAGING & MARKING

D.1 Payment of Postage and Fees

All postage and fees related to submitting information to the Contracting Officer or the

Contracting Officer's Representative (COR) shall be paid by the Contractor.

D.2 Preservation, Packing and Marking

(a) All information submitted to the Contracting Officer or the COR shall include the contract number.

(b) Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to ensure acceptance by common carrier and safe arrival at destination.

SECTION E - INSPECTION & ACCEPTANCE

E.1 Inspection and Acceptance

(a) Inspection and acceptance of supplies and services to be furnished under work orders for individual scheduled hearings will be performed at the place of performance or destination, by the COR or his designated representative, in accordance with FAR clause 52.246-4. Inspection will consist of an examination of the services for compliance with the statement of work and quality with respect to the standards set forth in Section C.

(b) The Government shall have thirty (30) calendar days from receipt of each invoice to inspect and accept work performed under the SOW. The Contractor shall be responsible for replacement or corrections to the work as necessary to meet the standards of acceptance identified in the contract and the interpretation service requirement. The cost to replace or correct nonconforming work or deliverables shall be borne as specified in the appropriate Section E.2 clause or as specified in the interpreter requirement.

E.2 Clauses Incorporated by Reference

This contract incorporates the following clauses from the Federal Acquisition Regulation (48

CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far.

Clause

Number

Title

52.246-4 Inspection of Services – Fixed Price (AUG 1996) http://www.arnet.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Term of Contract

The Contractor shall have no more than ninety (90) days from the date of contract award to complete its phase-in activities (see C.3.14). The period of performance of the contract shall commence upon conclusion of the phase-in period (as indicated by the issuance of work orders against the contract) and end on August 31, 2021. Four (4) additional option periods of twelve (12) months each may be exercised at the discretion of the Government. The phase-in and phase-out periods are not considered to be part of the total contract period.

F.2 Option to Extend Term of Contract

(a) This contract may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one (1) year or fractions thereof. To exercise the option to extend the term of the contract, the Contracting Officer will issue a written modification prior to the expiration of the applicable term period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the option; however, the lack of such a written notice will not in any way lessen the Government’s unilateral right to extend the contract pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the option nor will it bind the Government to exercise the option.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

F.3 Option to Extend Services (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within the term of the contract.

F.4 Place of Delivery

(a) All items to be delivered to the Contracting Officer shall be sent to the address identified in

Paragraph G.1.1.

(b) All items to be delivered to the COR shall be sent to the address identified in Paragraph G.1.2 unless otherwise specified in the work order.

F.5 Place of…