18222 Competitive Solicitation.pdf

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 1 (Rev 2021-06-30)

COMPETITIVE SOLICITATION – NO. 18222

FOR

CONTRACTS

FOR

SPOKEN LANGUAGE INTERPRETER SERVICES FOR IPI, OPI, & VRI (NON-CBA)

INTRODUCTION

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award, by contract category, Contracts for Washington State agencies and other eligible purchasers to purchase specified spoken language interpreter services from qualified, professional interpreters for state agencies and other eligible purchasers who do NOT have collective bargaining agreements (CBAs) for interpreter services delivered through In-Person Interpreting (IPI), Over the Phone Interpreting (OPI), and Video Remote Interpreting (VRI) modalities and scheduled via On-Demand and Pre-Scheduled options (“Spoken Language Interpreter Services for IPI, OPI, & VRI (Non-CBA)”). All interpretation shall be done via consecutive interpretation mode.

Note: Enterprise Services presently has in place similar contracts for spoken language interpreter services that are designed to provide professional interpreters for state agencies and other eligible purchasers who do have CBAs with Language Access Providers for such services. This Competitive Solicitation is intended to result in similar contracts for Spoken Language Interpreter Services in which the Purchasers are not subject to a CBA with Language Access Providers.

Washington state agencies and other eligible purchasers utilize qualified, professional interpreters to provide Spoken Language Interpreter Services for individuals who are not proficient in spoken English.

Potential purchasers include public safety agencies (including 9-1-1, law enforcement, fire, and EMS);

health and human services agencies; education; etc. Accordingly, bidders must be able to meet the performance and other requirements set forth in this Competitive Solicitation.

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 2

As described below, this Competitive Solicitation is designed to result in Contract awards by contract category. The contract categories are based on the delivery modality for the Spoken Language Interpreter Services.

Accordingly, the contract categories are:

In-Person Interpreting (IPI);

Over the Phone Interpreting (OPI); and

Video Remote Interpreting (VRI).

Note: Contract awards for OPI and VRI will be combined (bidders, however, are to bid these categories separately).

Each and all of the contract categories require that bidders be capable of providing the Spoken Language Interpreter Services via consecutive interpretation mode.

In addition, except for the OPI & VRI – Limited Languages contract category, all contract categories require bidders to be capable, at a minimum, of providing Spoken Language Interpreter Services for each and all of the top 20 required languages set forth below (“Top 20 Languages”).

*Only bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business may have bids evaluated for the OPI & VRI – Limited Languages contract category. Such bidders may bid by specified Language(s) as set forth in Exhibit C – Bid Price for OPI & VRI (“OPI & VRI – Limited Languages”). As explained below, however, in regard to the IPI category, bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business also may – if they desire to do so – submits bids for the IPI category which requires that the bidder be capable, at a minimum, of providing Spoken Language Interpreter Services for each and all of the Top 20 Languages.

SPOKEN LANGUAGE INTERPRETER SERVICES

FOR IPI, OPI, & VRI (NON-CBA)

CONTRACT CATEGORIES

In Person Interpreting

(IPI)

Over the Phone

Interpreting

(OPI)

Video Remote Interpreting

(VRI)

OPI & VRI -

Limited

Languages*

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 3

In addition, for each and all of the contract categories, bidders must be able to schedule Purchaser requests for Spoken Language Interpreter Services through each and all of the following scheduling options:

Pre-Scheduled Standard [Note: Such appointments require at least 10 business days advance notice by Purchaser]; and

Pre-Scheduled Rush [Note:

Appointments requested by Purchaser to be scheduled with less than 10 business days advance notice].

Additionally, for OPI and VRI categories, bidders must be able to schedule Purchaser requests for Spoken Language Interpreter Services through:

On-Demand [Note: Minimum business hours for on-demand OPI and VRI are 7:00 am

– 6:00 pm (U.S. PST), Monday-Friday for the Top 20 Languages (see below);

For each and all of the contract categories (and regardless of how the request Purchaser request for Spoken Language Interpreter Services is scheduled), bidders must:

Provide Spoken Language Interpreter Services by interpreters who:

o Are credentialed as certified spoken language interpreters by the Washington State Department of Social and Health Services (DSHS) Language Testing and Certification Program (LTC);

o Meet guidelines outlined by the American Translation Association (ATA) for Interpreters, the Certification Commission for Healthcare Interpreters, or the National Board for Certification of Medical Interpreters; or o Are trained through accredited higher education institution (university or college) programs, which are widely accepted by industry experts, the interpreter community, and by Washington state agencies who purchase Spoken Language Interpreter Services.

Provide interpreters who are experienced, capable, and proficient in providing Language Interpreter Services that accurately interpret for individuals from any background without changing the language, whether the speaker is using very formal legal language or less formal colloquial language, for each of the specified delivery modalities (IPI, OPI, and VRI) for which bidder submits a bid.

SPOKEN LANGUAGE INTERPRETER

SERVICES FOR IPI, OPI, & VRI (NON-

CBA)

In Person Interpreting

(IPI)

Scheduling Options

Pre-Scheduled Standard

Pre-Scheduled Rush

Over the Phone

Interpreting

(OPI)

Scheduling Options

On-Demand

Pre-Scheduled Standard

Pre-Scheduled Rush

Video Remote Interpreting

(VRI)

Scheduling Options

On-Demand

Pre-Scheduled Standard

Pre-Scheduled Rush https://www.dshs.wa.gov/office-of-the-secretary/language-testing-and-certification-program https://www.dshs.wa.gov/office-of-the-secretary/language-testing-and-certification-program

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 4

Top 20 Languages for Spoken Language Interpreter Services:

• Russian

• Mandarin

• Cantonese

• Spanish

• Arabic

• Korean

• Farsi

• Vietnamese

• Polish

• Japanese

• Punjabi

• Ukrainian

• Burmese

• Thai

• Persian

• Chin

• Dari

• Hindi

• Mixteco Bajo

• Lao

Note: Depending on the Purchaser’s program and needs, the awarded bidder (and interpreters) may need to execute ancillary agreements and/or document specific qualifications and/or training as part of providing such Spoken Language Interpreter Services, including, but not limited to the following:

HIPAA Privacy & Security

Data Confidentiality and Security Prison Rape Elimination Act training Background Checks

With the exception of Spoken Language Interpreter Services delivered through in-person interpreting (IPI), all Contracts for Spoken Language Interpreter Services (i.e., OPI/VRI) will be awarded on a state-wide basis. Contracts for Spoken Language Interpreter Services delivered through IPI, however, will be awarded by geographic region based on the six (6) geographic regions as set forth in the map below. Bidders for Spoken Language Interpreter Services delivered through IPI may bid on any or all regions.

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 5

The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award Contracts, by contract category, as follows:

OPI/VRI Contracts for Spoken Language Interpreter Services that, at a minimum, provide Spoken Language Interpreter Services for the Top 20 Languages:

o Up to five (5) statewide awards to the highest scored, responsive, responsible bidders; and

In addition, for the OPI/VRI category only, Enterprise Services has designed this Competitive Solicitation to receive competitive bids to evaluate and, as appropriate, award Contracts for Spoken Language Interpreter Services for any language (i.e., bidders do NOT have to provide each and all of the Top 20 Languages) (i.e., the OPI/VRI – Limited Languages category), as follows:

o Up to two (2) awards to the highest scored otherwise not awarded, responsive, responsible bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business.

IPI Contracts for Spoken Language Interpreter Services that, at a minimum, provide Spoken Language Interpreter Services for the Top 20 Languages:

o Up to three (3) awards, by geographic region (for each of the 6 specified regions), to the highest scored, responsive, responsible bidders; and

Total potential Contract awards are summarized in the following table:

SPOKEN LANGUAGE INTERPRETER SERVICES FOR IPI, OPI, & VRI (NON-CBA)

CONTRACT

CATEGORY

MINIMUM REQUIRED

LANGUAGES TOTAL CONTRACT AWARDS

OPI & VRI All Top 20 Languages

Up to three (5) statewide awards, to the highest scored, responsive, responsible bidders

OPI & VRI –

Limited

Language* Any Language(s)

Up to two (2) awards, to the highest scored otherwise not awarded, responsive, responsible bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business

IPI All Top 20 Languages

Up to three (3) awards, by geographic region (for each of the 6 specified regions), to the highest scored, responsive, responsible bidders

*Only bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business may have bids evaluated for the OPI & VRI – Limited Languages contract category.

This Competitive Solicitation is divided into six (6) sections:

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 6

Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Enterprise Services’ Procurement Coordinator.

Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement and Contracts, the form of the resulting Contract, and potential contract sales.

Section 3 identifies how Enterprise Services will evaluate the bids.

Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

Section 6 provides information pertaining to doing business with the State of Washington.

In addition, this Competitive Solicitation includes the following Exhibits:

Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to Enterprise Services to constitute a responsive bid. See Section 4, below.

o Exhibit A1 – Bidder’s Certification o Exhibit A2 – Bidder’s Profile

Exhibit B – Performance Requirements: This exhibit outlines the Competitive Solicitation’s required specifications/qualifications for the interpreting services.

Exhibit C – Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that Enterprise Services will use to evaluate and compare bids.

Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute with Enterprise Services.

Exhibit E – Bidder’s Contract Issues List: This exhibit outlines bidder’s issues, if any, and bidder’s proposed resolution/solution if bidder has any business concerns with the form of Exhibit D – Contract to be awarded. Note, however, that Enterprise Services reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

Exhibit F – Diverse Business Inclusion Plan – Subcontractors: This exhibit is required as part of the bid submission for bidders utilizing subcontractors, not including interpreters.

If bidder certifies in Exhibit A1 – Bidder’s Certification, Section 20 that if awarded a Contract, Bidder will utilize subcontractors to provide the services subject to this Competitive Solicitation, bidder will be required to submit this exhibit. Bidders are not required to submit this form if they do not intend to utilize subcontractors.

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 7

SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Competitive Solicitation

Posting Date:

August 3, 2023

Pre-Bid Conference:

August 14, 2023 at 2:00 pm (Pacific Time)

Virtual Pre-Bid Conference

Attend via Microsoft Teams Platform Weblink: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjN hZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%22 11d0e217-264e-400a-8ba0- 57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d- 8dd9-3e846eb00836%22%7d

Password: ChFtJF

Telephone Pre-Bid Conference

Attend via Conference Call Dial-In Number: +1 564-999-2000,,440834931# United States, Olympia

(833) 322-1218,,440834931# United States (Toll-free) Conference ID: 440 834 931#

Question & Answer Period: August 3, 2023 – September 1, 2023

Deadline for submitting Bids: September 15, 2023

Anticipated Announcement of

Apparent Successful Bidder(s):

November 10, 2023 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkNDY2YzAtNDZiZS00MWUwLTk4MGItNjNhZTBlYjk5ZWUw%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2257923edc-bd24-443d-8dd9-3e846eb00836%22%7d

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 8

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Anticipated Award of Contract(s): November 24, 2023

1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

Procurement Coordinator

Name: Victoria Scotti

Telephone: (360) 480-2665

Email: DESLanguageAccess@des.wa.gov

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 2 – INFORMATION ABOUT THE PROCUREMENT

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, as set forth above, award Contracts for Spoken Language Interpreter Services for IPI, OPI, & VRI (Non-CBA), by designated contract category (i.e., IPI, OPI, VRI) and, when applicable, by designated geographic region and language.

a. CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including specified contracts for goods and services.

Such a contract (“Contract”) is a contract for specific goods and/or services that is competitively solicited and established by Enterprise Services, on behalf of the State of Washington, for use by statutorily specified eligible purchasers (see below). Typically, such purchasers use our Contracts through a purchase order, work order, or similar document. The Contract is designed to function as a ‘procurement bridge’ between innovative vendors who have bid and won a competitive solicitation to supply goods/services and eligible purchasers who wish to purchase such goods/services pursuant to pre-determined, clear, consistent, easy to use, value-added Contracts. In https://fortress.wa.gov/ga/webs

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 9 short, the Contract will establish precisely what goods/services may be purchased, the relevant performance requirements for such goods/services as well as the vendor’s contractual performance, and the applicable price for such goods/services. Purchaser-specific purchase orders will specify, for example, the particular volume of goods/services, the Purchaser’s delivery location, etc.

b. CONTRACT USERS – ELIGIBLE PURCHASERS. Any resulting Contract from this Competitive Solicitation will be available for use by the following entities, each of whom is an eligible purchaser (“Purchasers”):

WASHINGTON STATE AGENCIES. All Washington State agencies, departments, offices, divisions, boards, and commissions.

WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any of the following specific institutions of higher education in Washington:

State universities – i.e., University of Washington & Washington State

University;

Regional universities – i.e., Central Washington University, Eastern

Washington University, & Western Washington University Evergreen State College;

Community colleges; and Technical colleges.

CONTRACT USAGE AGREEMENT PARTIES. Any resulting Contract also may be utilized by any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

Political subdivisions (e.g., counties, cities, school districts, public utility districts, ports) in the State of Washington;

Federal governmental agencies or entities;

Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and Federally-recognized Indian Tribes located in the State of Washington.

Enterprise Services maintains a list of eligible Contract Usage Agreement parties on the MCUA Listing website.

While Contract usage is optional for Purchasers other than Washington State agencies, these entities can increase Contract use significantly. All Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the contract term is up to eighty-six (86) months. Bidders are to specify prices for the first twelve (12) months of the contract term (which thereafter shall be adjusted annually as set forth in the Contract). The Contract is subject to earlier termination.

2.4. ESTIMATED SALES. Historically, for prior contracts, annual total sales were approximately $1,664,454 for the services among all eligible Purchasers. Total potential or estimated contract sales for this Competitive Solicitation are not known. As stated in this Competitive Solicitation, https://apps.des.wa.gov/DESContracts/Home/MCUAListing

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 10 however, the resulting Contract will be available for use by all eligible Purchasers. Such Purchasers will decide whether the Contract meets their needs and whether they use the Contract. Although Enterprise Services does not represent or guarantee any minimum purchase from the Contract, prior purchases under previous contracts 02819 and 03514, which will be combined into this new solicitation, are set forth in the following chart:

02819 Top 5 Purchasers from 2020-2022

Department of Employment Security $1,389,915.00

Department of Health $848,574.00

Department of Labor & Industries $716,877.00

State Health Care Authority $565,579.00

Department of Licensing $485,418.00

02819 Percentage of Use by Customer Type

State Agency

School Districts

County

Non-Profit

Cities Including Towns

Higher Ed (State Agency) Customers

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 11

03514 Top 5 Purchasers from 2020-2022

Department of Social & Health Services $330,926.00

Children Youth and Families $222,470.00

Department of Corrections $147,907.00

King County Health Center $68,051.81

Office of the Attorney General $48,273.00

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. Enterprise Services will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

$0.00

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00

2020 2021 2022

03514 Annual Spend by Year

Total

03514 Percentage of Use by Customer Type

State Agency

Non-Profit

Cities Including Towns

County

Districts, Other

Customers

School Districts

Private Schools

Other Govt

Higher Ed (State Agency)

Association/Medical

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 12

Executive Order 18-03: 35 points.

SECTION 3 – BID EVALUATION

This section identifies how Enterprise Service will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. Enterprise Services will evaluate bids for this Competitive Solicitation as described below.

Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reason(s) for this rejection.

Enterprise Services reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof;

(4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

(6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

Enterprise Services will use the following process and evaluation criteria to determine eligibility for an award of a Contract:

STEP ITEM

CONTRACT CATEGORY

TOP 20 LANGUAGES RESERVED AWARDS

IPI OPI/VRI OPI/VRI LIMITED

LANGUAGES

POINTS POINTS POINTS

Bid Responsiveness

1 Bid Responsiveness Pass/Fail

Performance Requirements Evaluation Exhibit B – Performance Requirements (Non-Scored Performance Requirements & Factors)

Pass/Fail

Bid Evaluation

3A Cost Factors Exhibit C – Bid Price

(per region)

325 450

3B

Non-Cost Factors Exhibit B – Performance Requirements (Scored Technical Requirements)

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 13

STEP ITEM

CONTRACT CATEGORY

TOP 20 LANGUAGES RESERVED AWARDS

IPI OPI/VRI OPI/VRI LIMITED

LANGUAGES

POINTS POINTS POINTS

Subtotal: 925 1025 1150

State Procurement Priorities

4 Executive Order 18-03 35 35 35

Total: 960 1060 1185

Responsible Bidder

5 Bidder Responsibility Analysis Pass/Fail

Contract Negotiations

6 Contract Negotiations N/A

3.2. BID RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible.

Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders. Responsive bids will be evaluated as set forth herein.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). Enterprise Services will evaluate each bid to ensure that each bidder’s services meet the specifications and/or performance requirements set forth in Exhibit B – Performance Requirements. Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification.

3.4. BID EVALUATION: COST FACTORS (STEP 3A). Enterprise Services will evaluate bids – to identify the lowest evaluation total – by reviewing and comparing the submitted bid prices provided in Exhibit C.

IPI. This section is worth up to 225 points total per region. The IPI hourly rates will be averaged and the bidder with the lowest average rate (evaluation score) for IPI services will be assigned a maximum of 100 points. Bids with higher rates will be assigned the number of points that are directly proportionate to the lowest average rate. For each

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 14 additional language bid outside of the Top 20 languages, bidder will receive 5 extra points.

Bidders are encouraged (but not required) to bid for as many languages as possible.

OPI & VRI. There are 325 points available. The average minute rates shall be combined for OPI and VRI services for a total combined average rate for the two modalities. The bidder with the lowest combined average rate (evaluation score) for the two modalities of interpretation will be assigned a maximum of 200 points. Bids with higher rates will be assigned the number of points that are directly proportionate to the lowest average rate.

For each additional language bid outside of the top 20 languages, bidder will receive 5 extra points. Bidders are encouraged (but not required) to bid for as many languages as possible.

OPI & VRI LIMITED LANGUAGES. Only bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business may have bids evaluated for the OPI & VRI – Limited Languages contract category. There are 10 points available per language.

The modalities for each language (OPI – Prescheduled Standard, OPI – Prescheduled Rush, OPI – On Demand, VRI – Prescheduled Standard, VRI – Prescheduled Rush, and VRI – On Demand) will be averaged. The bidder with the lowest combined average rate (evaluation score) for the modalities of interpretation will be assigned a maximum of 10 points per language. Bids with higher rates will be assigned the number of points that are directly proportionate to the lowest average rate. Regarding the IPI category, bidders who certify and qualify as a Washington Small Business and/or Certified Veteran-Owned Business also may – if they desire to do so – submits bids for the IPI category which requires that the bidder be capable, at a minimum, of providing Spoken Language Interpreter Services for each and all of the Top 20 Languages.

The calculation example to determine the bid cost is:

Lowest total bid evaluation cost divided by another bidder’s cost (bid that is being evaluated) multiplied by number of available points equals the cost factor evaluation points. Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation using Bidder A = $100 and Bidder B = $110

Bid A calculation: $100(A) / $100(A) = 1.0 x 500 (max points available per region) = 500 Cost points (rounded to two places to the right of the decimal point using standard rounding).

Bid B calculation: $100(A) / $110(B) = 0.909 x 500 (max points available per region) = 454.5 Cost points (rounded to two places to the right of the decimal point using standard rounding).

Bidder A has the lowest total bid evaluation cost, so it would be assigned the maximum points.

3.5. BID EVALUATION: NON-COST FACTORS (STEP 3B). Enterprise Services will evaluate the scored non-cost factors set forth in Exhibit B – Performance Requirements. Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification. There are 600 points available for the scored non-cost factors. In the Written Response column for every requirement that

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 15 indicates a "Written Response Required," provide a written response that addresses how bidder will meet the requirement. Limited responses may receive lower scoring than those that demonstrate knowledge of the subject matter. Written responses must not reference or link to any material outside of this document. Written responses will be evaluated by the evaluation team.

3.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation:

PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of 35 evaluation points to any bidder who certifies, pursuant to Exhibit A- 1 – Bidder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

3.7. BIDDER RESPONSIBILITY ANALYSIS (STEP 5). For responsive bids, Enterprise Services must determine whether the bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following statutory elements:

Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

Bidder’s ability to perform the contract within the time specified;

Bidder’s performance quality pertaining to previous contracts or services;

Bidder’s compliance with laws relating to the contract or services;

Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

Such other information as may be secured having a bearing on the decision to award the Contract.

See RCW 39.26.160(2)(a)-(g). In addition, Enterprise Services may consider the following:

Financial Information: Enterprise Services may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

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References: Enterprise Services reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.8. CONTRACT NEGOTIATIONS (STEP 6). Enterprise Services may negotiate with the highest scored responsive, responsible bidder(s) (Top Bidder) to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, Enterprise Services, in its sole judgement, cannot reach agreement on acceptable Contract terms with the Top Bidder, Enterprise Services may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS. Enterprise Services will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible bidders that best meet the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

Designation as an ASB does not imply that Enterprise Services will issue an award for a Contract. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

Upon ASB announcement, bidders may request a debrief conference as specified in Section 5.

3.10. CONTRACT AWARDS. Subject to protests, if any, Enterprise Services and the ASBs will enter into Contracts as set forth in Exhibit D – Contract. An award is made and a contract formed by signature of Enterprise Services and awarded bidder on the Contract. Following the Contract awards, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.11. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASBs, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASBs, Enterprise Services will post all bid evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal webpage after Contract awards.

3.12. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

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SECTION 4 – HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION

This section identifies how to prepare and submit your bid to Enterprise Services for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to Enterprise Services to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. PRE-BID CONFERENCE. Enterprise Services will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory.

Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation.

Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Enterprise Services to consider and, if warranted, respond to the inquiry. If a bidder does not notify Enterprise Services of an issue, exception, addition, or omission, Enterprise Services may consider the matter waived by the bidder for protest purposes.

If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

Unauthorized contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid prices must include all cost components needed for the delivery of the services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

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Credit Cards (P-Cards): In the event that bidder is awarded a Contract, the total price for the services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

Vendor Management Fee: The resulting Contract from this Competitive Solicitation will include a Vendor Management Fee as specified in the Contract attached as Exhibit D – Contract.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Enterprise Services to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Enterprise Services in writing, bidders must identify such supplemental materials with the bidder’s name.

EXHIBIT A-1 – BIDDER’S CERTIFICATION. This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Enterprise Services. Note: the Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

EXHIBIT A-2 – BIDDER’S PROFILE. This document is required bidder information for Enterprise Services’ contract administration purposes. Complete as instructed and submit it with the bid to Enterprise Services.

EXHIBIT B – PERFORMANCE REQUIREMENTS. Bidder will need to confirm that bidder’s services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B – Performance Requirements and submit it with the bid to Enterprise Services.

EXHIBIT C – BID PRICE. Bidder will need to complete the price worksheet tool as instructed in Exhibit C – Bid Price and submit it with the bid to Enterprise Services.

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST (if any). This document is a required bid submittal IF bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete Exhibit E – Bidder’s Contract Issues List as instructed therein and submit it with the bid to Enterprise Services.

EXHIBIT F – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS. This document is a required bid submittal IF bidder intends to utilize subcontractors if awarded a Contract. If so, bidder must complete Exhibit F – Bidder’s Diverse Business Inclusion Plan – Subcontractors as instructed therein and submit it with the bid to Enterprise Services.

4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by

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Enterprise Services, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to DESLanguageAccess@des.wa.gov.

Enterprise Services’ email only can accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery.

Zipped files cannot be accepted.

SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Enterprise Services will consider all complaints, but is not required to adopt a complaint, in part or in full. If bidder complaints result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Enterprise Services is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed to be waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and Enterprise Services, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following bid evaluation, Enterprise Services will issue an ASB announcement. The ASB announcement may be made by any means, but Enterprise Services likely will use email to the bidder’s email address provided in mailto:DESLanguageAccess@des.wa.gov

COMPETITIVE SOLICITATION NO. 18222 - SPOKEN LANGUAGE INTERPRETER SERVICES IPI, OPI, & VRI (NON-CBA) PAGE 20 the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, Enterprise Services will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Enterprise Services likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay Contract awards. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference.

Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid may request a Debrief Conference (see also Section 5.4, below). A Debrief Conference provides an opportunity for the bidder to meet with Enterprise Services to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after ASB announcement.