7300323253Solicitation.pdf

23253sREV1_3/29/22.docx

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Solicitation

BID OPENING

DATE: April 20, 2022

TIME: 11:00 A.M. EST

TITLE: Group 73003 – Temporary Personnel Services - Language Services (Statewide)

INVITATION FOR BIDS NUMBER: 23253 Classification Codes: 78, 90

CONTRACT PERIOD: Upon OSC Approval for A Period of Five (5) Years DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law §139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Email Address: ogs.sm.sst_LanguageServices@ogs.ny.gov Alyssa Nolte Contract Management Specialist 1 Telephone No.: (518) 473-1863 E-mail address: ogs.sm.sst_LanguageServices@ogs.ny.gov

Cheri McCullough Contract Management Specialist 2 Telephone No.: (518) 402-5552 E-mail address: ogs.sm.sst_LanguageServices@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number) NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street City State County Zip Code

E-mail Address: Company Web Site:

If applicable, place an “x” in the appropriate box(es) – (check all that apply)

NYS Small Business # Employees

Service-Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages:

PURC. MEMO OTHER Documented by:

mailto:customer.services@ogs.ny.gov mailto:ogs.sm.sst_LanguageServices@ogs.ny.gov mailto:ogs.sm.sst_LanguageServices@ogs.ny.gov

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 2

Bidder Certification and Affirmation Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 180 days from the date of submission to the New York State (“NYS”) Office of General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Invitation for Bids.

3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including Appendix A (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 3

Contents

SECTION 1 – INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent to Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 MWBE & SDVOB Interest in Partnering with Bidders

1.10 Summary of Policy and Prohibitions on Procurement Lobbying

1.11 Definitions

1.12 Appendices and Attachments

1.13 Conflict of Terms

SECTION 2 – BIDDER QUALIFICATIONS and SERVICE REQUIREMENTS

2.1 Bidder Qualifications

2.2 Service Requirements

SECTION 3 – SPECIFICATIONS/GENERAL REQUIREMENTS

3.1 Quality of Services

3.2 Disqualified Resources

3.3 Late Arrival

3.4 Maintenance of a Master File

3.5 Background Checks

3.6 RFQ Response Validity

3.7 Replacement Candidates

3.8 Reduce Work

3.9 Travel

3.10 Rates

SECTION 4 – BID SUBMISSION

4.1 Notice to Potential Bidders

4.2 Performance and Bid Bonds

4.3 Bid Deviations

4.4 Responsiveness

4.5 Incorporation

4.6 Bid Liability

4.7 Firm Offer

4.8 Format and Content of Bid Submittal

4.9 Bid Envelopes and Packages

4.10 Bid Delivery

4.11 Important Building Access Procedures

4.12 Bid Opening Results

4.13 New York State Reserved Rights

4.14 Authorized User Reserved Rights

4.15 NYS Required Certifications

SECTION 5 – METHOD OF AWARD

5.1 Method of Award

5.2 Vendor Responsibility for Accuracy

5.3 Minor Deviations/Minor Technicality

5.4 Notification of Award

SECTION 6 – TERMS AND CONDITIONS

6.1 Contract Period and Renewal

6.2 Short Term Extension

6.3 Procurement Instructions

6.4 Invoicing and Payment

6.5 Pricing Format

6.6 Bid Pricing Information

6.7 Exclusions

6.8 Price Adjustments

6.9 Centralized Contract Modifications

6.10 New York State Financial System (SFS)

6.11 Contract Administrator

6.12 Insurance Requirements

6.13 Report of Contract Usage

6.14 Company and Contact Information

6.15 Contractor Requirements and Procedures for Participation by New York State Certified Minority and Women-Owned Business

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 4

Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.16 NYS Vendor File Registration

6.17 New York State Vendor Responsibility

6.18 New York State Tax Law §5-a

6.19 Drug and Alcohol Use Prohibited

6.20 Traffic Infractions

6.21 Overlapping Contract Items

6.22 Non-State Agencies Participation in Centralized Contracts

6.23 Extension of Use

6.24 Employee Information Required to be Reported by Certain Consultant Contractors and Service Contractors

6.25 Federal Funding

6.26 Contract Advertising

6.27 Americans with Disabilities Act (ADA)

6.28 Participation Opportunities for New York State Certified Service-Disabled Veteran-Owned Businesses

6.29 Subcontracting Requirements

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure (January 2017) Appendix D – Federal Funding Agency Mandatory Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Attachment 10 – Background Check Requirements Attachment 11 – Request for Quote (Language Services) Attachment 12 – Proof of Past Sales

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 5

SECTION 1 – INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (NYS) Office of General Services (OGS), Procurement Services to establish Centralized Back-Drop Contracts for Language Services (On-Demand Personnel), for various titles and Regions as further described herein, to be used by Authorized Users of NYS OGS Centralized Contracts.

This Solicitation is a non-competitive establishment of multiple-award Centralized Backdrop Contracts.

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in Section 2 – Bidder Qualifications and Service Requirements and whose pricing is determined to be reasonable by OGS. The prices proposed by Bidders in response to this Solicitation are Maximum-Not-To-Exceed Bill Rates.

Bidders are reminded that the rates provided in response to this Solicitation are Maximum-Not-To-Exceed Bill Rates and the actual bill rates proposed to be charged for providing On-demand personnel will be determined by Contractors in response to a detailed Request for Quote (RFQ), identifying the specific needs of an Authorized User relative to qualifications of the On-demand personnel being requested. The actual bill rates proposed may be lower than, but may not exceed, the Maximum-Not-To-Exceed Bill Rates. Potential Bidders are strongly encouraged to fully review Section 6.6 – Bid Pricing Information prior to completing Attachment 1-Pricing and submitting a Bid in response to this Solicitation.

The Backdrop Contracts resulting from this Solicitation will have an established set of standardized terms and conditions, guidelines, processes and templates. When an Authorized User needs On-demand personnel, it will issue a competitive RFQ in accordance with the terms and conditions of the Centralized Backdrop Contract and include any additional requirements of the positions sought to be filled or the services to be provided. The RFQ will be distributed by the Authorized User to all Contractors for the applicable title and Region where the work is to be performed and it is in response to the RFQ where the Contractors shall submit the actual proposed prices to be charged. The Authorized User will then either use their NYS Procurement Card (PCard) to obtain On-demand personnel or issue a Purchase Order to the selected Contractor based on the RFQ responses. Procurement Instructions further describing the RFQ process and requirements for Authorized Users to purchase from the Centralized Backdrop Contracts are found in Section 6.3 – Procurement Instructions.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments. Bidders are not required to bid on all titles, per title descriptions herein.

1.2 Scope

The State of New York seeks to establish Centralized Backdrop Contracts for the acquisition of specified Language Services titles (On-demand personnel) for the following titles:

A. Written Translation B. American Sign Language (ASL) Interpreters C. Consecutive Interpreters D. Simultaneous Interpreters E. Over the phone Interpreters F. Video Remote Interpreters

The following ancillary services are also sought in relation to the above noted Language Services titles:

G. Desktop Publishing H. Closed Captioning Services I. Subtitling Services

Desktop Publishing, Closed Captioning, and Subtitling services may only be bid by Bidders offering interpretation and/or translation services in response to this solicitation. Bidders may not bid Desktop Publishing, Closed Captioning, and/or Subtitling services as standalone services. Authorized Users rely on accurate translation and interpretation to make the public aware of critically important services, access, and guidance. For that reason, OGS PS will not accept bids for Desktop Publishing, Closed

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 6

Captioning, and Subtitling services except from bidders also offering qualified bids for translation and/or interpretation services. OGS PS has imposed this limitation to ensure that a qualified language expert has evaluated the final product and ensures that it meets the highest standards of accuracy.

Job Title Descriptions:

Translation – Written Translation Must be able to provide conversion of written words from one language into their complete, accurate, and intended meaning in another language. The types of documents typically translated include, but are not limited to: forms, applications, notices, manuals, pamphlets, flyers, posters, audio scripts, medical records, handwritten correspondence, court or other legal documents, and press releases.

Interpretation – American Sign Language (ASL) Interpreters Must be physically present in the room and effectively convey the messages being voiced by a hearing person, in sign language, to deaf or hard of hearing individuals and to voice to the hearing person what is being communicated, in sign language, by the deaf or hard of hearing individual. Interpreters must have received Registry of Interpreters for the Deaf (RID), or other appropriate certification (www.rid.org).

Interpretation – Consecutive Interpreters Must be physically present in the room and effectively interpret short utterances; normally a sentence or two at a time. Such interpretation is usually bi-directional between two languages.

Interpretation – Simultaneous Interpreters Must be physically present in the room and effectively interpret, in real time, one language into another. The interpreter speaks at the same time as the speaker, usually in a conference or meeting. Equipment such as headsets, microphones, and booths, may be used.

Interpretation – Over the Phone Interpreters Must be able to effectively provide consecutive interpretation over the phone. Usually bi-directional between two languages. In some cases, if the technology is available, interpretation may be simultaneous.

Interpretation – Video Remote Interpreters (VRI) Must be able to effectively provide sign language and consecutive interpretation using devices such as web cameras or videophones. In some cases, if the technology is available, interpretation may be simultaneous.

Ancillary Services Descriptions:

Desktop Publishing Services Desktop Publishing shall mean the act or process of designing, re-creating, or formatting electronic documents, that integrates text and graphics, using a computerized software package to prepare a document for printing or electronic display.

Closed Captioning Services Closed Captioning Services shall mean the display of text on a television or video screen, usually a transcription of the audio portion of a program as it occurs (either verbatim or in edited form), used by the hearing-impaired and language learners. Closed captions are encoded invisibly and displayed by a decoder. These services may be needed in English and non-English languages for technical, political, scientific, business, legal and medical content.

Sub-titling Services Sub-titling shall mean the transcription of the words that are being uttered on the screen by the actors, newsreaders or commentators on the screen, but in a different language. The subtitles are essentially translations of the dialogue or narration in a language other than in which they are being spoken http://www.rid.org/

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 7

Regions:

It is the intent of OGS to award Centralized Backdrop Contracts for Language Services, for each title identified herein, in the Ten (10) Labor Market Regions of the State, as established by the NYS Department of Labor (see Table #1 – Regions, below). Contract awards will be made to all responsive and responsible Bidders who meet the requirements detailed in this Solicitation and whose pricing is determined to be reasonable by OGS.

Table #1-Regions

Region 1 Capital Region Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren, and Washington Counties

Region 2 Central New York Cayuga, Cortland, Madison, Onondaga and Oswego Counties

Region 3 Finger Lakes Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates Counties

Region 4 Hudson Valley Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties

Region 5 Long Island Nassau and Suffolk Counties

Region 6 Mohawk Valley Fulton, Herkimer, Montgomery, Oneida, Otsego and Schoharie Counties

Region 7 New York City Bronx, Kings, New York, Queens and Richmond Counties

Region 8 North Country Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis and St.

Lawrence Counties

Region 9 Southern Tier Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga and Tompkins Counties

Region 10 Western New York Allegany, Cattaraugus, Chautauqua, Erie and Niagara Counties

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $10,000,000.00, annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B – Clause 28 – Estimated/Specific Quantity Contracts and Clause 25 – Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 8

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release February 2, 2022 N/A Deadline for Submission of Intent to Bid February 18, 2022 5:00 PM ET Closing Date for Bidder Questions February 18, 2022 5:00 PM ET

OGS Procurement Services’ Responses Bidder Questions (tentative) March 23, 2022 N/A

Bid Opening / Due date for Bids April 20, 2022 11:00 AM ET Contract Approval Date / Award Publish Date Upon OSC Approval N/A

1.5 Intent to Bid

A Bidder is requested to indicate its intent to bid by sending an e-mail titled “INTENT TO BID - “[BIDDER NAME]” to E-mail address: ogs.sm.sst_LanguageServices@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates – Sub-section 1.4 (above). The e-mail should include the Bidder’s company name and a contact name and contact information. The intent to bid is discretionary.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right-hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select the “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question-and-answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question-and-answer document and updates to Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be e-mailed to E-mail address: ogs.sm.sst_LanguageServices@ogs.ny.gov by the date and time indicated in the Sub-section 1.4

– Key Events/Dates (above). Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question-and-answer document, which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYSCR. Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If a Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the questions period so that they may be given due consideration prior to the submission of Bids. See 4.3 – Bid Deviations for additional information.

mailto:ogs.sm.sst_LanguageServices@ogs.ny.gov https://www.nyscr.ny.gov/

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 9

1.8 NYS Comptroller Approval

Pursuant to the Memorandum of Understanding (MOU) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (Executive), New York State Comptroller Thomas P. DiNapoli (OSC), the State University of New York (SUNY), the State University of New York Construction Fund (SUCF), the City University of New York (CUNY), and the City University of New York Construction Fund (CUCF), procurement documents and contracts awarded under this Solicitation shall have no force and effect and the State bears no liability unless such procurement documents and contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

1.9 MWBE & SDVOB Interest in Partnering with Bidders

If a New York State certified MWBE or SDVOB would like to indicate its interest in working with participating Bidders, please send an e-mail entitled “Solicitation 23253-MWBE or SDVOB INTEREST_COMPANY NAME” to E-mail address: ogs.sm.sst_LanguageServices@ogs.ny.gov on or before February 18, 2022. The e-mail content should include:

1. Company Name.

2. Contact Name and Contact Information such as Phone Number, Mailing Address and E-Mail Address.

3. Brief description of the company and the products and/or services that the company offers that are related to this Solicitation (for example, “Company ABC manufactures pencils”).

4. The NYS Certification Type (Minority and/or Women-Owned or SDVOB).

5. Include what locations in NYS where the company provides services.

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Solicitation through the timely submission of such e-mail, will be made available to prospective Bidders through the publishing of a Purchasing Memorandum posted through the NYSCR.

1.10 Summary of Policy and Prohibitions on Procurement Lobbying Pursuant to State Finance Law §139-j and §139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at:

https://ogs.ny.gov/acpl/.

1.11 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions, or as below.

“Authorized User(s)” As defined in Appendix B.

“Best Value” shall mean the basis for awarding a contract for services to the Bidder which best optimizes quality, cost and efficiency among Responsive and Responsible Bidders. See State Finance Law § 163(1)(j). Best value may be equated to low price in response to an RFQ.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“Bidder” shall refer to any business entity who submits a response to this Solicitation. At the time that the Bidder executes a Contract with the State for their services a Bidder shall become a “Contractor.” See also “Contractor.”

https://ogs.ny.gov/acpl/

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 10

“Blanket Purchase Order” shall refer to a purchase order agreement between an Authorized User and Contractor to deliver services with a set price on a recurring basis over a specified time period.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Candidate” shall refer to an individual proposed by a Contractor in response to a Request for Quote from an Authorized User. Upon completion of background check, determination of suitability by the Authorized User, and acceptance by Authorized User, a Candidate will become On-demand personnel. Also see “On-demand personnel” and “Contractor.”

“Change Notice” shall refer to any issuance of changes made to an originally issued purchase order or purchase made via the New York State Procurement Card (PCard).

“Contract,” “Centralized Contract” or “Backdrop Centralized Contract” as defined in Appendix B.

“Contractor” shall refer to a responsive and responsible Bidder who is working under an executed Contract with New York State. Contractor is a general term

“Dialect” shall mean regional, or class variations of a given language.

“Lateness” shall be defined as late arrival of the On-demand personnel to a scheduled engagement; also referred to as “late.”

“Master File” shall mean an electronic file maintained by Contractor for each Candidate. The Master File must include for each Candidate a resume, unless not required for the specific title, qualifications, certifications, licenses, and background checks (if requested by an Authorized User).

“Maximum Not-To-Exceed Bill Rate” shall mean the most (in U.S. dollars) a Contractor may ever quote in response to an Authorized User RFQ for an hour worked by a Candidate on this contract for a particular job title, county, region, time period (e.g., overtime), etc. as specified in Attachment 1 - Pricing and Sub-section 1.1, Overview.

“May” denotes the permissive in a Contract clause or specification. “May” does not mean “required.” Also see “Shall” and “Must.”

“Must” denotes the imperative in a Contract clause or specification. “Must” is synonymous with “required.” Also see “Shall” and “May.”

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“N/A” is a common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following:

New Year’s Day; Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth;

Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Holiday Rate” shall mean the hourly rate paid for work performed on NYS Holidays by On-demand personnel. Any Holiday Rate allowed shall be at the sole discretion of the Authorized User and requested in the

RFQ.

“NYS Vendor ID” shall mean the ten-character identifier issued by New York State when a vendor is registered on the Vendor File.

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 11

“On-demand” shall mean providing language services personnel per the Scope in the least amount of time possible from the time of the request by an Authorized User.

“On-demand personnel/personnel” shall refer generically to any individual provided by a Contractor in response to an RFQ issued by an Authorized User and who is hired for the service title requested. The personnel can be a direct Candidate, a subcontractor or an agent. Also see “Candidate.”

“Overtime Pay” shall mean the additional payment to the On-demand personnel above the hourly wage paid.

Time and a half shall be paid above the pay rate for time worked above 40 hours in a single week for Authorized User regardless of time of day, day of the week or Holidays. This requirement applies for the in-person translation titles (Consecutive Interpreters, Simultaneous Interpreters and American Sign Language). There shall be no overtime for the non-location-specific titles for Translation – Over the Phone and Written translation as these services are billed by the minute and the word respectively.

“Over the Phone Interpretation” shall mean telecommunication service that uses devices such as telephones to provide consecutive interpretation, but in some cases, if the technology is available, may be simultaneous.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Region” shall mean the grouping of counties by the State.

“Request for Quote” shall refer to the document issued by the Authorized User and used to solicit price quotations for specific services or candidates.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business

“Shall” denotes the imperative in a Contract clause or specification. “Shall” is synonymous with “required.” Also see “Must” and “May.”

“Solicitation” shall refer to this document, and its appendices and attachments.

“Suitability” refers to the Authorized User’s review of identifiable character traits and past conduct which are reasonably sufficient to indicate whether a given individual is or is not likely to be able to perform the requirements of a contract without undue risk to the interests of the Authorized User.

“Suitability determination” is a determination by the Authorized User that there are reasonable grounds to believe that a given individual will likely be able to perform the job title requirements without undue risk to the interests of the Authorized User.

“0 (Zero)” is both a number and the numerical digit used to represent that number in numerals. It is the integer immediately preceding 1 (one).

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 12

1.12 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure (January 2017) Appendix D – Federal Funding Agency Mandatory Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Attachment 10 – Background Check Requirements Attachment 11 – Request for Quote – Language Services Attachment 12 – Proof of Past Sales

1.13 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1) Appendix A, Standard Clauses for New York State Contracts;

2) The Solicitation;

3) Appendix B, General Specifications;

4) All other appendices and attachments to the Solicitation.

SECTION 2 – BIDDER QUALIFICATIONS and SERVICE REQUIREMENTS

2.1 Bidder Qualifications

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work.

By submitting a Bid, the Bidder shall meet the following qualifications and requirements outlined in this section.

A. All Bidders must provide evidence of experience through proof of past sales as described below and in

Attachment 12 – Proof of Past Sales:

All Bidders must provide proof of:

1. Past sales for comparable services and/or titles (excluding Ancillary Services) to the titles for which they are bidding for this Solicitation.

2. Sales must be from the past three (3) years; 2019, 2020 and 2021, and listed individually, per invoice within Attachment 12 – Proof of Past Sales. Lump sum totals, either per year, or over the past three years, will not be accepted.

3. The average of the total sales combined over the past three (3) years must be equal to, or greater than $50,000.

4. Proof of sales may be from government or private sector accounts.

5. The sales data must be entered into Attachment 12 – Proof of Past Sales and be submitted with the Bid.

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 13

B. All Bidders must agree to accept the NYS Procurement Card (PCard), or other electronic form(s) of payment, by Authorized Users for all titles included in any Contract awarded to the Bidder resulting from this Solicitation.

C. All Bidders must provide a generic electronic mailbox for use by Authorized Users when issuing RFQs. The electronic mailbox must be monitored consistently throughout each business day in order to provide timely responses to Authorized Users’ requests. Any changes to the generic electronic mailbox must be provided within one (1) business day to the Contract Manager listed on the Contract Award Notification page. If the Bidder does not currently maintain a generic electronic mailbox, by submitting a Bid in response to this Solicitation, the Bidder agrees to establish one prior to contract award.

OGS must determine that the Bidder meets all of the above requirements in order for the Bidder to be found responsive, as that term is defined in State Finance Law §163(1)(d). OGS reserves the right to verify all information provided by Bidder.

Bidders, if requested, shall provide a minimum of three (3) references within five (5) business days of request.

References shall be governmental or private sector accounts and shall demonstrate the ability of the vendor to fulfill contract requirements similar in scope to the size, nature and complexity of the outlined Bid. References shall include:

• Government or private sector customer name, address, contact person, telephone number, email, and number of years Bidder has provided the services to the referenced account.

Failure to meet any of the above qualifications, in whole or in part, may result in a rejection of the Bid of that Bidder as non-responsive.

2.2 Service Requirements

Unless otherwise required by the Authorized User in the RFQ, the following requirements shall apply:

Contractor shall recommend qualified Interpreter(s) for any and all languages requested by the Authorized User within the timeframe on the RFQ. Contractor shall have the ability to provide translation, proofing, and editing of documents by technically qualified and experienced translators, and output in the required media format (i.e., hardcopy or electronic) requested by the Authorized User within the time noted on the RFQ.

A. Translation Services Requirements – Written Translation The Contractor shall provide translation, proofing, and editing of documentation by technically qualified and experienced translators, and output in the media format requested by the Authorized User (i.e., hardcopy or electronic). Translator(s) must:

• Be experienced and possess an advanced command of the source and target language;

• Have excellent knowledge of accents and regional language variations;

• Have ability to translate with a high standard of accuracy, and in a culturally competent manner;

• Respect precedent and established terminology (when it exists); and

• Be able to work under pressure and meet tight deadlines.

If requested by the Authorized User, the Contractor must be able to provide documentation as to how accuracy is ensured, and a quality product delivered.

The Translator shall translate documents in a culturally sensitive manner and at the same reading level as the source material. If requested by Authorized User, translation may be required to be written in a specific regional or class dialect.

The Contractor shall provide comprehensive support services to Authorized Users by providing project management, consultation and deliverables. Required field of expertise includes, but is not limited to, the translation of technical, political, scientific, business, legal and medical documents, manuals and audio in multilingual translations that are accurate, clear and are culturally and politically sensitive to the social environment of the target reader/audience. The translation must be formatted to match the original version. A template may be provided by the Authorized User (in English) for conversion to requested language. Bidder must be able to provide services in languages that include other characters such as Chinese, Japanese, and Cyrillic alphabet characters. Accuracy and consistency are critical in the published work. The document shall be

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 14 translated within the Authorized User’s designated timeframe, in a format specified by the Authorized User, and delivered, via email, over a secure server or provided on CD or other electronic media, as specified by the Authorized User.

A single translator shall be used to complete each document to ensure continuity and consistency in terminology.

In the event that an order is exceptionally large and requires the work of more than one translator, it is acceptable for multiple translators to work on the order, but each individual document of the order shall be assigned to a single translator.

Services may be performed at any location mutually agreed to by the Contractor and the Authorized User. The Authorized User shall determine the format and specific requirements for the written translations. Every major language has regional and class variations, which must be correctly included in the translation for accuracy.

Completion time and estimated total cost based on the number of words and the speed of translation will be agreed upon between the Authorized User and the Contractor prior to each assignment. The Authorized User is not obligated to request a guaranteed minimum total number of words for translation services over the course of the assignment.

The Authorized User reserves the right to perform a quality review on translated documents. The results of those reviews shall be shared with the Contractor and shall form the basis for any further steps, as agreed upon, to remedy any deficiency in quality that may be determined by such reviews.

Contractor will be paid for any performance completed by the translator at the agreed upon rate for the following:

Any assignment canceled by the Authorized User prior to completion by the translator, provided the translator was performing within the stated parameters of the assignment;

Any assignment modified by the Authorized User prior to completion by the translator;

Other unusual circumstances approved by the Authorized User.

B. Interpretation Services Requirements (ASL, Consecutive, Simultaneous) Interpreter(s) must:

• Be experienced and possess an advanced command of the English language and an additional language(s);

• Have an excellent comprehension of accents and regional language variations;

• Convey interpreted communication effectively, accurately, impartially, and in a culturally competent manner;

• Maintain any and all required certifications and qualifications requested by the Authorized User throughout the duration of the Contract;

• Be particularly knowledgeable about how common interpreting errors (e.g., omission, addition, condensation, substitution, role exchange, and question type) can impact the quality of interpretation;

• Have the ability to work effectively with people of different national, linguistic, and cultural backgrounds, with sensitivity and respect for diversity;

• Maintain appropriate boundaries and professional behaviors at all times during an interpretation session; and

• Be able to work under pressure and meet tight deadlines.

• With an Authorized User’s approval, an assignment of 2 hours or more may require more than one interpreter due to a number of factors and the professional judgment and discretion of the interpreter. See Registry of Interpreters for the Deaf’s Standard Practice paper (Standard Practice Papers | Registry of Interpreters for the Deaf (rid.org)) and list of situations as the guidelines that might warrant two (2) interpreters for an assignment.

C. Interpretation Services Requirements – Over the Phone The Contractor shall provide interpretation services, over the phone, on a twenty-four (24) hour, seven (7) day a week basis, three hundred sixty-five (365) days a year for all languages requested by the Authorized User. The Authorized User will specify, in writing, if services are needed on-demand or by appointment, including the language requirement, dates and times, and any required certifications or accreditation necessary. Interpretation services may be performed on any phone line mutually agreed to by the Contractor and the Authorized User.

When placing calls, it is recommended that interpreters call from a line with good reception and an area free of background noise.

D. Interpretation Services Requirements – Video Remote Interpreters (VRI) The Contractor shall provide interpretation services, over the phone, on a twenty-four (24) hour, seven (7) day a week basis, three hundred sixty-five (365) days a year for all languages requested by the Authorized User.

https://rid.org/about-rid/about-interpreting/setting-standards/standard-practice-papers/ https://rid.org/about-rid/about-interpreting/setting-standards/standard-practice-papers/

GROUP 73003 – Temporary Personnel Services - Language Services PAGE 15

Authorized User will specify, in writing, if services are needed on demand or by appointment including the language requirement, dates and times and any required certifications or accreditation necessary. During the interpretation assignment or session, one or all parties may be remote.

The Contractor shall provide VRI services and VRI software/website access on an on-demand basis and shall utilize a secured encryption or other functionally equivalent secured technology, (i.e., using Transport Layer Security (TLS) and/or Secure Sockets Layer (SSL)). The Contractor shall provide timely updates and maintenance to the VRI application (i.e., bug fixes, security fixes, and general enhancements), as applicable, at no additional cost. The Contractor must notify the Authorized User, via email, within one (1) business day of any security vulnerability discovered that affects the VRI software application. The VRI service is expected to utilize existing broadband and wireless connections. Contractor’s VRI service must operate, minimally, on a 512 kbps connection internet/Wi-Fi connection. The Contractor shall provide a 24/7 toll-free technical support contact number and must provide ongoing technical support throughout the duration of the Contract. The Contractor shall provide a general support telephone number to be used if assistance is required by the Authorized User with using the system.

Arrival Time Requirements – For on-site performance, VRI Interpreters are required to arrive at least fifteen (15) minutes prior to the scheduled start time in order to receive instruction from the Authorized User. An Authorized User may require earlier arrival, at their discretion. An Interpreter is required to be present on the video call at the start of the scheduled appointment.

The Contractor shall:

• Be responsible for taking all necessary actions to maintain accurate times, locations, directions, telephone numbers, and contact person(s) for all Translation and Interpretation services.

• Be responsible for ensuring that the quality, accuracy, and professionalism for all Interpretation services is maintained;

• Ensure that all interpreters abide by their agreement of confidentiality,

• Ensure all interpreters maintain any and all required certifications and qualifications requested by the Authorized User throughout the duration of the contract; and

• Ensure that all interpreters are available for briefing and debriefing sessions, at the contractor’s sole expense.

Sessions may include briefing on technical terms, testing, consultation, and planning assistance.

• Provide a 24/7 toll-free technical support contact number and must provide ongoing technical support throughout the duration of the Contract for VRI and Over the Phone Interpretation.

E. Interpretation Services – Late Arrival Payment Reductions IMPORTANT NOTE: Some projects require interpretation as a critical step in serving the project’s mission, as such, the late arrival of an interpreter may result in cancellation of the event.

Tardy Arrival – Tardy Arrival is defined as arriving after the start time of the scheduled services but does not result in the cancellation of the event. For Consecutive and Simultaneous Interpretation, unless otherwise required by an Authorized User in the RFQ, interpreters must arrive 15 minutes prior to the scheduled translation event and any time after is considered a Tardy Arrival. For Over the Phone and Video Remote Interpretation, unless otherwise required by an Authorized User in the RFQ, Interpreters must be present on the line or video call at the start of the scheduled appointment and any time after is considered a Tardy Arrival. An Authorized User shall not pay for any time for the period the Interpreter was tardy from the total period scheduled. More than three Tardy Arrivals in a one-month period, by the same Interpreter, may result in that Interpreter being disqualified from serving that Authorized User.

Late Arrival is defined as arriving after the start time of the scheduled services that results in the cancellation of the event. Some projects, such as Interpretation services, for example, may require the services of the interpreter as a critical step in serving the project’s mission, and arriving after the start time of the scheduled service will almost always result in a cancellation of the event. For these projects, the Late Arrival of the interpreter may result in the cancellation of the event, at the sole discretion of the Authorized User, and no payment being made to the Contractor. The Authorized User reserves the right to cancel any event due to Late Arrival.

For Translation services, lateness is defined as projects being delivered to the Authorized User(s) outside the timeframes requested and agreed to through the RFQ…