BPM005633_Solicitation_Requirements_REV_02.pdf

Request for Proposal under A.R.S. § 41-2534 Notice Page

Solicitation No. BPM005633 Foreign Language Interpretation and

Translation Services

Arizona Department of Administration

State Procurement Office 100 N 15th Avenue, Suite 305

Phoenix, AZ 85007

Solicitation Number: BPM005633

Description:

Foreign Language Interpretation and Translation Services

Solicitation Due Date and Time:

October 5, 2023 at 3:00 PM

Pre-Offer Conference:

September 21, 2023 from 10:00-12:00 pm

Meeting ID meet.google.com/bsw-wpra-sip

Phone Numbers

(US)+1 413-350-0324

PIN: 942 239 632#

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 1 of 78 https://meet.google.com/bsw-wpra-sip?hs=122&authuser=0 tel:%E2%80%AA+1%20413-350-0324%E2%80%AC https://app.az.gov/ mailto:app@azdoa.gov

Solicitation No. BPM005633 Foreign Language Interpretation and Translation

State Procurement Office 100 N 15th Avenue

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

Solicitation Summary Page 2 of 78

Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 3 of 81 Click here to return to the Table of Contents

Table of Contents Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM005633

Notice Page

Table of Contents

Solicitation Summary 4 Scope of Work 6 Special Terms and Conditions 19 Addendum B to the Special Terms and Conditions 34 Uniform Terms and Conditions________________________________________________58 Exhibit A 74

Exhibit B___________________________________________________________________80

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Solicitation Summary

Solicitation No. BPM005633

100 N 15th Avenue

1. What is the State Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more mandatory statewide Contracts to provide Foreign Language Interpretation and Translation Services.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM005633 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.1.9. Exhibit A

2.1.1.10. Exhibit B

2.1.2. Attachment: BPM005633 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Uniform Instructions to Offerors

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance;

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Solicitation No. BPM005633

2.1.3.2. Boycott of Israel Disclosure;

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban;

2.1.3.4. Confidential Information Designation;

2.1.3.5. Conformance Statements with Supplement Documents;

Exceptions to Instructions, Scope, and Contract Terms and Conditions

2.1.3.6. Key Personnel;

2.1.3.7. Letter of Insurability;

2.1.3.8. Organization Profile;

2.1.3.9. Proposed Subcontractors;

2.1.3.10. Experience and Capacity Response;

2.1.3.11. References

2.1.3.12. Method of Approach

2.1.3.13. Pricing Document

2.1.3.14. Offered Languages

2.1.3.15. Business Associate Agreement (HIPPA)

2.1.3.16. AZ Baseline Infrastructure Security Controls

2.1.3.17. Arizona Baseline Security Controls Pre-Requisite

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

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Scope of Work

Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

1.0 PURPOSE AND BACKGROUND

1.1 Purpose: The State of Arizona Department of Administration, State Procurement Office (defined as “The State”) is seeking to enter into contracts with qualified foreign language interpreters and translators to provide services for the State of Arizona, it’s Agencies, Boards and Commissions as well as Participating Members of the State Purchasing Cooperative (collectively herein referred to as Eligible Agencies).

1.2 Background/Mission: The objective is to decrease language and other communication barriers by ensuring accessibility for any State of Arizona department, agency, university, commission, or board (hereafter referred to as Eligible Agencies), and Co-Op Buyers, employees and/or consumers who converse in languages other than English.

The State requires various types of On-Site, Video Remote Interpreting (VRI), Over the Phone Interpreting (OPI) as well as Document Translation services.

These services take place in a variety of business, court/legal, community, public service, and medical settings throughout the State of Arizona.

1.3 Projected Awards: It is the intent of the State to award multiple contracts for the required services and it is the intention of the State to award contracts that will provide coverage for all of these services throughout the State of Arizona.

1.4 Projected Utilization: The estimated dollar volume of services purchased under the proposed contract is approximately $2 to $3 million annually based on historical usage data and anticipated volumes. This contract will be used on an as-needed basis; the State makes no guarantee as to actual spend under any resultant contract.

2.0 DEFINITIONS

2.1 Certified Interpreter and/or Translator: an individual who has passed an examination administered by a recognized examination agency, such as the American Translators Association, the Federal Court Interpreter’s examination, or an examination administered by a State Court, or University accredited by the United States.

2.2 Document Translation: the act of rendering a written communication from one language to another.

2.3 Interpretation: the process of converting the words, emotions, and tone of a spoken language into another language orally.

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

2.4 On-Site Interpretation: a spoken language interpreter is scheduled to meet a client at any given location for an interpretation assignment. In person interpreter services facilitate communication between two parties who speak different languages.

2.5 Over the Phone Interpreting or OPI: off-site interpreting services provided via telephone.

2.6 Qualified (Non-Certified) Interpreters and/or Translators: an individual who is able to interpret/translate effectively, accurately and impartially, both receptively and expressively, using any necessary vocabulary. A Qualified (Non-Certified) individual shall possess competence in both the source language and the target language and shall be able to demonstrate knowledge and skill gained from experience working in the language

2.7 Video Remote Interpreting (VRI): off-site interpreting services provided through videoconferencing technology equipment and a high-speed internet connection with sufficient bandwidth.

2.8 Voiceover Translation Services: an audiovisual translation technique by which narrative scripts are first translated and then recorded by native-language speaking talent over the original audio track which can be heard in the background.

3.0 SCOPE OF WORK

3.1 General Requirements

3.1.1 The Contractor shall provide specialized interpretation and/or translation including, but not limited to medical, scientific, legal, or educational terminology, utilizing:

3.1.1.1 Certified Interpreter and/or Translators; and/or

3.1.1.2 Qualified (Non-Certified) Interpreters and/or Translators.

3.1.2 The Contractor shall have policies in place concerning code of ethics/code of conduct for interpreters to follow. Contractor must be able to provide any applicable policies, as requested by an Eligible Agency, within ten (10) business days.

3.1.2.1 Contractors providing translation services shall comply with the

American Translators Association Code of Ethics and

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

Professional Practice (https://www.atanet.org/about-us/code-of-ethics)

3.1.2.2 For services provided in a health care setting, the Contractor and assigned personnel shall follow the National Standards of Practice for Interpreters in Health Care issued by the National Council on Interpreting in Health Care (http://www.ncihc.org/ethics-and-standards-of-practice).

3.1.3 The Contractor shall be capable of receiving documents by facsimile, e-mail or other electronic means (i.e. PDF, standard word processing languages, etc.), U.S. Postal Service (USPS) or courier delivery.

3.1.4 Assignments providing services related to the Arizona Department of

Revenue shall require the Contractor to sign the “Certification of Confidentiality Awareness Form” (Section 3-B: Offer Forms, Attachment 5-A1 Confidential Agreement of Non-DOR-Employees).

3.1.5 For assignments providing services to the Department of Corrections

(DOC) or the Department of Juvenile Corrections (ADJC) or agencies with similar requirements;

3.1.5.1 Interpreters shall have

1. A clear criminal background check prior to entering the facility.

2. Valid Level One Fingerprint clearance card

3.1.5.2 DOC and ADJC may supply an identification card for the interpreter(s), and this identification (I.D.) card shall be worn while on prison grounds.

3.1.5.3 The Eligible Agency reserves the right to deny entry to any interpreter whose conduct on previous occasions had not been appropriate in interacting with an inmate population.

3.1.6 Contractor services shall include Spanish Language Services, Core

Languages Services, and Rare Languages Services as explained in Exhibit B.

3.1.7 The Contractor shall have translators available that can appropriately handle a wide variety of translation requests, especially ones involving the need to clearly communicate with immigrants who may have a limited understanding of American culture.

https://www.atanet.org/about-us/code-of-ethics https://www.atanet.org/about-us/code-of-ethics http://www.ncihc.org/ethics-and-standards-of-practice

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

3.2 Specific Requirements

3.2.1 Request for Services

3.2.1.1 The Eligible Agency will:

1. Request services by email, at least two (2) business days in advance when circumstances permit.

a. On an emergency basis, the Eligible Agency may call the same day the services are required. The Contractor shall state, at the time of order, when an interpreter will be made available to the Eligible Agency.

2. Identify the specific situation involved (e.g. legal, health, financial matters, artistic setting, etc.) and appropriate attire.

3. Indicate if any special skills are required at time of request.

4. Include the following information for documents that they want translated:

a. An accurate count of words on the document(s) requesting to be translated.

b. The expected educational level of the audience for which the requested document(s) are being translated.

c. An approved final draft for the Contractor to translate into the requested target language

5. Cancellations:

a. Eligible agencies may reserve the right to cancel an order, without penalty or charge, providing the Eligible Agency notifies the Contractor twenty-four (24) business hours prior to assignment for Spanish Languages Services and forty-eight (48) business hours prior to assignment for Core Languages Services and Rare Languages Services.

b. If the Eligible Agency fails to give the Contractor sufficient notice of cancellation, the Eligible Agency shall pay the Contractor for two (2) hours of service in accordance with the rates contained on the Arizona Procurement Portal

(APP).

3.2.1.2 The Contractor shall:

1. Acknowledge receipt of the service request within twenty-four (24) hours of receiving it.

2. Assign personnel with the knowledge and expertise able to provide specialized interpreting service (if deemed necessary or requested).

3. In the event of a conflict in determining the appropriate level, the Eligible Agency shall have final authority.

4. Cancellations:

a. The Contractor shall notify the Requester immediately and attempt to replace the interpreter if the interpreter

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue assigned by the Contractor cancel prior to the assignment.

b. The Contractor shall reimburse the Requester for any additional costs incurred, in accordance with the terms and conditions of this contract if the Requester elect to procure the services of a substitute interpreter from another Contractor due to:

1) Assigned interpreter fail to appear at the time and place specified after the Contractor has confirmed the assignment, or

2) Assigned interpreter does not meet the qualification requirements for the assignment.

3.2.1.3 Interpreters may be required to meet with the Eligible Agency prior to a service request for special direction. This meeting may also allow the Eligible Agency and interpreter to decide if the assignment is a correct fit.

3.2.1.4 If a specific interpreter has been requested by an Eligible Agency and confirmed by the Contractor, or if an interpreter is on-site providing services, no substitution can be made without notification to and approval from the requesting Eligible Agency.

3.2.2 On-Site Interpretation

3.2.2.1 Modes of Interpretation. The Contractor shall provide interpreters who are capable of providing the modes of interpretation listed below.

1. Classic Interpreting/Long Consecutive: For conference interpreting or in a variety of tribunal, arbitration, liaison, educational, group or business settings. The interpreter can listen to the totality of a long passage or the speaker’s comments and then reconstitute the speech with the help of notes.

2. Consecutive Interpreting: Involves a pause between language conversions; first the interpreter listens to the entire original phrase or passage, then they interpret it into the other language.

3. Sequential Interpreting/Short Consecutive: For most medical, social services and legal interpreting, the interpreter operates at the sentence level as opposed to working with paragraphs or entire speeches. An interpreter may ask the speaker to clarify or to repeat to ensure accuracy and completeness.

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

4. Sight Translation: For source material that is written, the interpreter reads the entire document before beginning the oral translation to the client.

5. Simultaneous Interpreting: Real-time interpreting;

speakers talk as they normally would, without pause, as the interpreter listens to one language and speaks in the other.

This service is common when the interpreter is listening with headphones in a booth and speaking to a person or into a microphone for people with headsets.

3.2.2.2 Translation can be done by Certified or Qualified Interpreters.

3.2.2.3 Services shall be performed during Monday through Friday between the hours of 7:00 AM – 5:00 PM. Agencies may request other service hours or weekend coverage under “After-hour, Weekend and Holiday Services”.

3.2.2.4 The Contractor shall provide headset equipment as requested.

3.2.2.5 As part of the hourly rate, the interpreter is expected to arrive fifteen (15) minutes prior to the scheduled appointment or at the time designated by the Eligible Agency.

1. An interpreter that is late on an assignment shall be paid a pro-rated fee by deducting the amount of time late from the time originally requested by the Eligible Agency.

3.2.3 Over-the-Phone Interpretation Services. The Contractor shall provide:

3.2.3.1 Professionally trained and certified interpreters who shall be capable of accurately relaying information given by the Eligible Agency personnel.

3.2.3.2 An established toll free calling system to receive and route calls to the appropriate interpreter available twenty-four (24) hours per day, seven (7) days a week, including State observed holidays.

3.2.3.3 An efficient call routing and dispatch system in place to connect customers with the appropriate interpreter with minimal delay.

3.2.3.4 A toll-free over-the-phone customer support available twenty-four (24) hours per day, seven (7) days a week, including State observed holidays.

3.2.4 Video Remote Interpreting (VRI). The Contractor shall:

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007

Services

3.2.4.1 Provide professionally trained and certified interpreters who shall be capable of accurately relaying information given by the Eligible Agency personnel.

3.2.4.2 Be equipped with videoconferencing technology equipment and a high-speed internet connection with sufficient bandwidth.

3.2.4.3 Provide services Monday through Friday between the hours of

7:00 AM – 5:00 PM.

3.3.1 Court/Legal Interpretation Services. Court/legal interpretation is a service provided by a court-certified interpreter trained to interpret between English and one or more foreign languages.

3.3.1.1 Translation shall be performed by certified interpreters who have knowledge and experience in the United States and Arizona legal and court systems.

(www.azcourts.gov/Portals/22/admorder/Orders16/2016-02.pdf)

3.3.1.2 The translator shall:

1. Be adept at simultaneous interpretation, which is the most frequent form of interpretation used in the courtroom, in consecutive interpretation and sight translation

2. Have the ability to accurately turn the message from the source language into the receptor language without any additions, omissions or other misleading factors that alter the intended meaning of the message from the speaker.

3. Have a broad legal and court-related vocabulary base in which to work.

4. Be aware of the standards and practices of the courts in which the interpreter is to appear.

3.3.2 Document Translation Services. Document translation services shall be provided for various tasks, such as general correspondence, technical or scientific materials, high level study materials, legal documents, forms, booklets, pamphlets, A/V materials, etc.

3.3.2.1 The documents that are sent to the Contractor may fall under the category of National Institute of Standards and Technology (NIST) NIST Low Impact, thus the Offeror shall (as applicable):

a. Submit a completed Arizona Baseline Infrastructure Security Controls Pre-Requisite (35 questions) assessment spreadsheet (Attachment 17) as part of their proposal.

http://www.azcourts.gov/Portals/22/admorder/Orders16/2016-02.pdf

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

b. Accept Agency documents to be transcribed via a Secure FTP connection.

3.3.2.2 Contractor shall review each translation prior to delivery to the

Eligible Agency to ensure that the translated document is linguistically accurate and consistent with the formatting and technical specifications of the original document. The project will not be considered complete if any inaccuracy or inconsistency is found.

3.3.2.3 Contractor shall correct, at no cost to the Eligible Agency, any errors in formatting or translation identified by the Eligible Agency. Costs associated with mass duplication of translated documents, which are found to be materially inaccurate after mass duplication, will be the responsibility of the Contractor.

1. In the instance that a Contractor does not understand a phrase/word/technical term or if the Contractor has any questions regarding the document to be translated, the Contractor shall immediately contact the Eligible Agency for any clarifications.

3.3.2.4 For all assignments, the Contractor shall return all original documentation to the requesting Eligible Agency.

3.3.2.5 Turnaround time for standard written translations shall not exceed fourteen (14) days. Contractor shall indicate an estimated finish date of the final draft at time of request from the Eligible Agency.

If a document requires special skills, considered urgent or otherwise critical to the Eligible Agency, the agency and Contractor may agree upon an acceptable delivery time.

3.3.3 Voiceover Translation Services. Voice over translation is an audio-visual conversion of dialogue from one language to another. The Contractor shall:

3.3.3.1 The Contractor shall first translate the original script narrative, and then have a voice talent record the translated language on to the video

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

3.3.3.2 Contractor shall review each translation prior to delivery to the Eligible Agency to ensure that the translated audio/video is linguistically accurate and consistent with the formatting and technical specifications of the original audio/video. The project will not be considered complete if any inaccuracy or inconsistency is found.

1. In the instance that a Contractor does not understand a phrase/word/technical term or if the Contractor has any questions regarding the audio/video to be translated, the Contractor shall immediately contact the Eligible Agency for any clarifications.

3.3.3.3 For all assignments, the Contractor shall return all original audio/video to the requesting Eligible Agency.

3.3.3.4 The agency and Contractor shall agree upon an acceptable turnaround and delivery timeframe.

4.0 PRICING

4.1 Rates shall be on an all-inclusive basis, and shall contain the labor rate, labor benefits, travel for specified AZ counties that are less than 50 miles away, payroll burden, insurance, workman's compensation, all taxes, profit, overhead, general and administrative expenses, fees and all other related charges.

4.2 On-Site Interpretation Services

4.2.1 The hourly rate charged per assigned interpreter for services performed during Monday through Friday between the hours of

7:00 AM – 5:00 PM.

4.2.2 All assignments shall be charged an initial two (2) hour rate minimum with any additional required service time billed in per-hour increments. Cumulative total hours not to exceed a work day of eight (8) to ten (10) hours maximum.

4.2.3 As part of the hourly rate, the interpreter is expected to arrive time designated by the Eligible Agency.

1. An interpreter that is late on an assignment shall be paid a pro-rated fee by deducting the amount of time late from the time originally requested by the Eligible Agency.

4.2.4 On-site Interpretation Lesser Use Languages - The hourly rate charged per assigned interpreter for services performed during Monday through Friday between the hours of 7:00 AM – 5:00 PM. Minimum of 2

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007

Services hrs. Spanish Language Services, Core Languages Services, Rare Languages Services.

4.3 Court/Legal On-Site Interpretation Services

4.3.1 The hourly rate charged per assigned interpreter for services

7:00 AM – 5:00 PM.

4.3.2 All assignments shall be charged an initial two (2) hour rate minimum with any additional required service time billed in per-hour increments. Cumulative total hours not to exceed a work day of eight (8) to ten (10) hours maximum.

4.3.2 As part of the hourly rate, the interpreter is expected to arrive time designated by the Eligible Agency.

1. An interpreter that is late on an assignment shall be paid a pro-rated fee by deducting the amount of time late from the time originally requested by the Eligible Agency.

4.3.3. Court/Legal On-Site Interpretation Lesser Use Languages - The hourly rate charged per assigned interpreter for services performed during Monday through Friday between the hours of 7:00 AM – 5:00 PM. Minimum of 2 hrs. Spanish Language Services, Core Languages Services, Rare Languages

4.4 Over-the-Phone (OPI) Interpretation Services

4.4.1 Services shall be provided twenty-four (24) hours per day, seven

(7) days a week, including State observed holidays.

4.4.2 Services shall be billed in per minute increments.

4.4.3 Over-the-Phone (OPI) Interpretation Lesser Use Languages -

The per-minute rate for OPI Services. Spanish Language Services, Core Languages Services, Rare Languages Services.

4.4.4 The contractor shall provide the following features and services at no additional charge to Client:

1. toll-free over-the-phone customer support available twenty-four

(24) hours per day, seven (7) days a week, including State observed holidays

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007

Services

2. on-line service-usage reporting

3. monthly invoices with standard granular usage details.

4.5 Video Remote Interpreting (VRI) Services

4.5.1 The rate charged per assigned interpreter for services

7:00 AM – 5:00 PM. Services shall be billed in per-minute increments.

4.5.2 Video Remote Interpreting (VRI) Services The per-minute rate charged per assigned interpreter for services performed during Monday through Friday between the hours of 7:00 AM – 5:00 PM. Spanish Language Services, Core Languages Services, Rare Languages Services.

4.6 Document Translation Services

4.6.1 Document to Document Translation.

1. The per-word rate for the translation from one written document to another written document. This includes the translation of documents (brochures, flyers, pamphlets, etc.)

requiring desktop publishing.

2. Shall be billed with a 300 word minimum.

3. Document to Document The per-word rate for the translation from one written document to another written document.

Spanish Language Services, Core Language Services, and Rare Languages Services

4. Document to Document Expedite Charge – Rate for expediting of Document to Document Services.

4.6.2 Audio Tape to Written Document. Shall be billed at the per-minute rate for the translation of audio tapes, files, etc.

1. Audio Tape to Written Document The per-minute rate for the translation of audio tapes, files, etc. Spanish Language Services, Core Language Services, and Rare Languages Services

2. Audio Tape to Written Document Expedite Charge – Rate for expediting of Audio Tape to Written Document Services.

4.7 Voiceover Translation Services

4.7.1 Services shall be billed at a per-minute rate charged for voiceover translation service.

4.7.2 Voiceover Translation The per-minute rate for

translation of Voiceover Services. Spanish Language

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007

Services

Services, Core Language Services, and Rare Languages Services

4.7.3 Voiceover Translation Expedite Charge - Rate for expediting of Voiceover Translation.

4.8 Additional Translation Upcharges

4.8.1 Trilingual/Relay On-Site Interpretation Services

1. Additional charge on the hourly rate for interpreting three languages

2. Applicable for on-site services and court/legal interpretation services only.

4.8.2 After-hour, Weekend and Holiday Services

1. Additional charge on the hourly rate for services performed after normal business hours, on weekends or State holidays.

Business hours shall be defined as Monday through Friday between the hours of 7:00 AM – 5:00 PM. Holiday charges shall apply to any State observed holidays.

2. This rate does not apply to Over-the-Phone, Document Translation, or Voiceover Translation services.

4.8.3 Short Notice Base Rate Increase

1. Additional charge on the hourly rate for services requested with less than two (2) business days’ notice.

2. This rate does not apply to Over-the-Phone, Document Translation, or Voiceover Translation services.

4.9 Travel, Lodging and Meals.

4.9.1 Applicable for on-site services and court/legal interpretation services only.

4.9.2 Rate applies to any assignment where the assignment location is greater than fifty (50) miles from the personnel’s primary place of business or last work assignment, as agreed to in advance by the Contractor and Eligible Agency.

4.9.3 Cost shall be reimbursed in accordance with the guidelines and rates established by State of Arizona Travel Policy. A copy of this policy may be located http://www.gao.az.gov/travel/.

5.0 REPORTING REQUIREMENTS. The Contractor shall

http://www.gao.az.gov/travel/

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Solicitation No. BPM005633

Foreign Language Interpretation and Translation

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007

Services

5.1 Prepare all reports and summaries in accordance with State guidelines and in the format approved by the Requester.

5.2 Invoicing: Upon the receipt and acceptance of goods or services, submit a complete an Itemized invoice with supporting backup documents.

EXHIBITS TO THE SCOPE DOCUMENT

• Exhibit A Insurance

• Exhibit B List of Core Languages

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Special Terms and Conditions

Solicitation No. BPM005633

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.5. Attachment. Any item that:

1.5.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.5.2. Was attached to an Offer when submitted; and

1.5.3. Was included in the Accepted Offer.

https://azdor.gov/transaction-privilege-tax-tpt

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Solicitation No. BPM005633

1.6. Pricing Document: The Pricing Section of the Special Terms and Conditions; provided that, if there is no such Section in the Contract, then “Pricing Document” is to be construed as referring to whatever item in the Contract contains the contracted pricing and payment provisions.

1.7. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.8. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.9. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.10. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a “Cooperative Purchasing Agreement” with the Arizona Department of Administration State Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section 501(c)(3) through 501(c)(6) of the tax code.

1.11. Eligible Agency:

1.11.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.11.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.11.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co- Op Buyer.

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Solicitation No. BPM005633

1.12. Instructions to Offerors: “Instructions to Offerors” means the Solicitation Instructions document of the Solicitation.

1.13. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.14. The State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.15. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.16. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.17. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

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Solicitation No. BPM005633

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State;

and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality;

and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency.

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Solicitation No. BPM005633

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve (12) months unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. State shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for “General Mailing

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Solicitation No. BPM005633

Address” in Contractor’s corresponding State’s eProcurement System Vendor Profile; and address any required notices to Contractor to the “Contact Name and Title” at the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To State. Contractor shall address all Contract correspondence other than format notices to the email address indicated in “Contact Instructions” in the State’s eProcurement System Summary for State; and address any required notices to State via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System and via mail to the following mailing address:

Arizona Department of Administration State Procurement Office

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures (or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such terms and conditions are

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Solicitation No. BPM005633 deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section 3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency or Co-Op Buyer purchasing. Upon request by the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State’s demand, the choice of which being at State’s discretion. For the purpose of this paragraph, “reasonable times” are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities.

3.7. Subcontract

3.7.1. Initial list. At the time of Contract execution, Contractor’s candidate Subcontractors were identified in Attachment Proposed Subcontractors to the Accepted Offer [Proposed Subcontractors]. Agreeing to them being included in

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Solicitation No. BPM005633 the Accepted Offer signified Procurement Officer’s advance consent for Contractor to enter into a Subcontract with each candidate, which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner.

3.7.2. Additional names. Contractor shall not enter into a Subcontract to perform Work under the Contract, without first obtaining Procurement Officer’s written consent…