CN250044_Written_Translation_Services_IFB.pdf

California Department of Education Invitation for Bid (IFB)

Written Translation Services – CN250044

Curriculum Frameworks and Instructional Resources Division Analyst: Contract Analyst – Lauren Kreipe

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: LKreipe@cde.ca.gov Phone: 916-322-3035

Bid Due Date: March 17, 2025 at 12:00 pm

Public Bid Opening: March 19, 2025 at 10:30 am Contract Period: July 1, 2025 – June 30, 2026

One-Year Option to Renew: July 1, 2026 – June 30, 2027 One-Year Option to Renew: July 1, 2027 – June 30, 2028 mailto:LKreipe@cde.ca.gov

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Written Translation Services

– CN250044

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE PROGRAM REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

NOTIFICATION

VIII. BIDDER REQUIREMENTS

IX. IFB DOCUMENTS

X. BID DOCUMENTS AS PUBLIC RECORD

XI. BID SUBMISSION

XII. BID SUBMISSION REQUIREMENTS

XIII. BASIS OF AWARD

XIV. OPTION TO RENEW

XV. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. GENERAL INFORMATION:

IV. QUALITY ASSURANCE PROCEDURES:

V. TERMINOLOGY MANAGEMENT PROCESS:

VI. CONTRACTOR REQUIREMENTS:

VII. TRANSLATION SERVICES:

VIII. TIMELINE:

IX. OWNERSHIP OF TRANSLATION MATERIALS:

X. WORD COUNT:

XI. FONTS:

XII. LANGUAGE GROUPS:

XIII. VERIFICATION/DOCUMENTATION:

XIV. SUBMITTALS/FORMATTING:

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORMS

EXHIBIT B.3 – CONTRACTOR’S BID FORMS

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. CONTRACTS FUNDED BY THE FEDERAL GOVERNMENT

II. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

III. CERTIFICATE OF INSURANCE REQUIREMENTS:

IV. WORKERS’ COMPENSATION

V. OWNERSHIP OF MATERIALS AND DATA (Rev. 1/20)

VI. AMENDMENTS

VII. OPTION TO RENEW

VIII. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

IX. CONTRACT REQUIREMENTS RELATED TO TACPA PREFERENCE

REQUIREMENTS

Exhibit F – GROUP A Assignment Form Exhibit F – GROUP B Assignment Form

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 49

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 - BIDDER CERTIFICATION

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

ATTACHMENT 8 - BIDDER REFERENCES

ATTACHMENT 9 – IRAN CONTRACTING ACT CERTIFICATION

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide qualified written translation services on an as-needed basis to the CDE’s Clearinghouse for Multilingual Documents, located within the Curriculum Frameworks and Instructional Resources Division, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on July 1, 2025. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement February 28, 2025

Bids Due March 17, 2025 at 12:00 pm PST

Public Bid Opening March 19, 2025 at 10:30 am PST

Contract Start Date July 1, 2025 or upon contract/DGS approval, whichever is later

III. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

Bidder who is awarded the contract for Written Translation Services may not also be awarded the contract for Written Translation-Review Services.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; Executive Order N-6-22 – Russia Sanctions:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

V. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

• Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

• Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

• Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

C. Target Area Contract Preference Act (TACPA) Preference

Preference will be granted to California-based companies in accordance with GC § 4530–4535.3 whenever contracts for goods and services are in excess of $100,000 and the bidder meets certain requirements as defined in the California Code of Regulations (2 CCR § 1896.30) regarding labor needed to produce the goods or provide the services being procured.

This IFB includes the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid.

The TACPA workplace and workforce preferences will be evaluated for this IFB.

California-based companies seeking TACPA preferences will need to complete and submit the following preference forms with the bid:

• TACPA Preference Request form STD 830:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Bidder’s Summary of Contract Activities and Labor Hours form DGS/PD 526:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

Information regarding this preference program may be obtained at the DGS-PD website, https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Request-Target-Area-Contract-Preference?search=TACPA. By submitting TACPA preference forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code section 4535 and provided in 2 CCR 1896.40 in addition to requirements specified on the TACPA form STD 830.

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4535.&lawCode=GOV https://govt.westlaw.com/calregs/Document/IB6959FB0FA6A11DE8C6E96BC63A3F6F5?viewType=FullText&listSource=Search&originationContext=Search+Result&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad720f200000180dc9fa61d346ef6d5%3fppcid%3dda49fab88d1d4a6d9177c26f3ebfaf26%26Nav%3dREGULATION_PUBLICVIEW%26fragmentIdentifier%3dIB6959FB0FA6A11DE8C6E96BC63A3F6F5%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=REGULATION_PUBLICVIEW&rank=1&t_T2=1896.40&t_S1=CA+ADC+s https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf images, video, and audio that emulates the structure and characteristics of the system’s training data.

The use of GenAI or other computer/machine language software will not be allowed for translating or proofreading assignments.

VIII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

The bidder’s prior experience in providing quality translations of education-related parental notification materials is an important aspect of a bidder’s bid, as are the bidder’s use of highly qualified translators.

Proposed translators must have five years of professional experience as a translator, including a minimum of two years of experience in translating educational documents.

Bidders must also ensure that only qualified desktop publishing staff and word processing staff are used for services provided to the CDE.

Bidder who is awarded the contract for Written Translation Services may not also be awarded the contract for Written Translation-Review Services.

Only human translations will be allowed in the fulfillment of this contract. GenAI and non-AI Machine translations will not be allowed.

IX. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst Lauren Kreipe, LKreipe@cde.ca.gov, (916) 322-3035. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Lauren Kreipe, Contract Analyst, by phone at (916) 322-3035, or by email at LKreipe@cde.ca.gov.

X. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

XI. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – WRITTEN TRANSLATION SERVICES – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Lauren Kreipe – CN250044 - IFB 1430 N Street, Suite 2213 Sacramento, CA 95814

SEALED BID – WRITTEN TRANSLATION SERVICES – DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Monday, March 17, 2025 at 12:00 pm

PST.

The bids will be publicly opened and read on Wednesday, March 19, 2025 at 10:30 am PST at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2219, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Lauren Kreipe – CN250044, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the CDE Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XII. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article XI. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Per Word Rate and Emergency Rate for Language Groups A, B, and C.

C. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article III. Certificate of Insurance Requirements and IV.

Workers’ Compensation:

1. Commercial General Liability, AND

2. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article III.

Certificate of Insurance Requirements) will be required as a condition of contract award.

D. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

E. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

F. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

G. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

H. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

I. Attachment 6 – Bidder Certification

The Bidder Certification must be fully completed and dated with an original signature.

Bidders must demonstrate responsibility and the capability to professionally carry out the terms of this contract through the bidder certification.

J. Attachment 8 – Bidder References

The Bidder must provide at least two specific agencies for which the bidder has provided translation services.

K. Attachment 9 – Iran Contracting Act Certification

The Iran Contracting Act Certification form must be fully completed, signed and dated with an original signature.

L. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx bid rejection; however, DVBE incentive will not be considered or granted for your bid.

• Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

• DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

4. TACPA Preference

If bidder intends to apply for the TACPA Preference the TACPA Preference form (STD 830) and Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526) form must be completed and submitted with original signature.

• TACPA Preference Request form (STD 830). Bids must include a STD 830 form completed in accordance with the instructions on the form. The STD 830 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

• Bidder’s Summary of Contract Activities and Labor Hours form DGS/PD 526.

Bids must include a DGS/PD 523 form completed in accordance with the instructions on the form. The DGS/PD 526 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

XIII. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

The contract shall be awarded on the basis of the responsive and responsible bidder submitting the lowest average Language Group A Per-Word Rate.

The lowest average Language Group A Per-Word Rate will be computed by adding the Language Group A Per-Word Rate from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XIV. OPTION TO RENEW

The contract awarded through this IFB would expire on June 30, 2026; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (July 1, 2026 – June 30, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period July 1, 2026 – June 30, 2027. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2026.

Costs for the second one-year option to renew (July 1, 2027 – June 30, 2028) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period July 1, 2027 – June 30, 2028. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2027.

XV. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:CONTRACTSOFFICE@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

Contractor shall furnish all travel, labor, personnel, transportation, fuel, parking, equipment, equipment rental, certification, software, desktop publishing, project management, taxes, permits, licenses, insurance and/or any other overhead expenses necessary to provide qualified written translation services on an as-needed basis to the California Department of Education’s (CDE’s) Clearinghouse for Multilingual Documents, located within the Curriculum Frameworks and Instructional Resources Division, as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Carissa Richards, (916) 319- 0172, cmdtrans@cde.ca.gov, as the CDE Contract Monitor to oversee this project.

Said CDE Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

III. GENERAL INFORMATION:

A. Contractor will provide all labor, personnel, equipment, tools, supplies, postage, and/or delivery charges, materials, insurance, licenses, permits, and transportation to provide written translation services for the CDE. Contractor must have the appropriate software for use in the target languages. For the purposes of this contract, appropriate software is defined as any software necessary for the Contractor to successfully and satisfactorily provide translations to the CDE in any/all languages covered herein.

B. Contractor will provide for each translation assignment from the CDE at least one qualified human translator and one qualified human proofreader/editor for each language.

C. Translators assigned to CDE translation projects will read and understand the English source document, will refer to any CDE translation glossaries (if available), and will refer to dictionaries, the CDE website, and other materials, as necessary, to render translations that are accurate, complete, consistent, and that employ conventions appropriate for the target language. Translators must research any unfamiliar terms or subject areas in order to render an accurate translation.

D. Translations provided to the CDE must be original and produced by a human. The Contractor shall not use a computer program to translate or proofread documents, including Generative Artificial Intelligence programs. The CDE reserves the right to return the document if any digital translation program was used.

mailto:cmdtrans@cde.ca.gov

E. Contractor will designate a contract monitor who will act as the primary contact for all CDE assignments and services. The contract monitor or a designee will be available to respond to communications from the CDE, Monday through Friday, during regular business hours, 8 a.m. to 5 p.m. Pacific Time.

F. The CDE will not pay project management/desktop publishing charges.

G. The CDE will not pay more than a $25 minimum-charge per each language in an assignment.

H. The CDE reserves the right not to pay for translation services that are deemed to be of unacceptable quality or which are not completed according to specifications, outlined in Exhibit A, Scope of Work.

I. Contractor must have staff available throughout the contract term to provide services as stated in Exhibit A, Scope of Work.

J. Translators must be employees of the Contractor, or under contract with the Contractor (at the time that the Contractor submitted their bid), and must reside in the United States of America (USA). Use of non-employee or non-contracted translators may be grounds for contract termination.

IV. QUALITY ASSURANCE PROCEDURES:

Within thirty (30) days of the contract start date and at any time during the contract period upon request from the CDE Contract Monitor, the Contractor will provide to the CDE Contract Monitor a written explanation of each step of the Contractor’s quality assurance procedures. The procedures used by the Contractor must be separate from the CDE’s own quality assurance process of securing reviews by a second, independent Contractor and returning the reviews for consideration, decision, and finalization by the Contractor. The Contractor’s explanation must include a description of the steps used to ensure that any translation or revision provided to the CDE is in accordance with the requirement specified in Exhibit A, Scope of Work.

The Contractor must provide revisions and/or clarification of their quality assurance procedures if requested by the CDE Contract Monitor.

V. TERMINOLOGY MANAGEMENT PROCESS:

Within thirty (30) days of the contract start date and at any time during the contract period, upon CDE request, the Contractor must provide to the CDE Contract Monitor a written explanation of the Contractor’s terminology management process in the development of translation glossaries.

The Contractor must provide revisions and/or clarification of their terminology management process if requested by the CDE Contract Monitor.

VI. CONTRACTOR REQUIREMENTS:

All translator and proofreaders utilized to provide services for this contract will meet all requirements as follows:

A. Only USA-resident translators and proofreaders may be used for this contract. They must also be familiar with idioms, educational terms, and titles in USA and California education.

B. Each translator who works on CDE assignments for a Group A, B, or C language must possess at least five years of professional experience as a translator of the target language for which they have been assigned, including at least two years of experience in translating educational documents.

C. Each translator and proofreader used by the Contractor to fulfill any and all assignments from the CDE for language Group A, B, or C must be native speakers in the target language (i.e., translators will always translate into their native language, and proofreaders must proof translations in their native language).

D. Each translator and proofreader used by the Contractor to fulfill any and all assignments from the CDE for language Group A, B, or C must be experienced with and capable of using the Microsoft Word program and its Track Changes functions.

E. Each translator who works on an assignment from the CDE for language Group A, B, or C must possess a college degree, at least at the undergraduate level. The CDE reserves the right to require that the Contractor provide verification of translators’ degrees; the Contractor must provide the verification within the time frame stipulated by the CDE at the time of the request.

F. Each translator or proofreader who works on an assignment from the CDE for language Group A, B, or C must possess a high level of knowledge, training, and paid professional translation or proofreading experience to competently perform the services required. The CDE reserves the right to require that the Contractor provide verification of translators’ and proofreaders’ experience; the Contractor must provide the verification within the time frame stipulated by the CDE at the time of the request.

If the need to add and/or replace translators and/or proofreaders arises, the Contractor must notify the CDE Contract Monitor in advance of the translators/proofreaders working on any CDE assignments. Additional or replacement translators must meet the requirements contained herein. The CDE reserves the right to reject a replacement, if it is deemed that they do not meet the requirements contained herein.

If a translator/proofreader must be replaced, the Contractor must provide a list of any new/replacement translators and/or proofreaders who will be used for CDE assignments for language Group A, B, or C; the list must include the city and state of their residences, and must certify that all translators and proofreaders listed are employees of the Contractor, or under contract with the Contractor at the time that the Contractor submits the list of any new/replacement translators and/or proofreaders to the CDE.

Only human translations will be allowed in fulfillment of this contract. AI translations and non-AI machine translations will not be accepted.

VII. TRANSLATION SERVICES:

Contractor will provide written translation of various parental notifications and parental information materials into the assigned target languages.

A. Translation Process

1) As a usual procedure, CDE will email English-language source documents as Word documents to the Contractor. In some instances, CDE may provide hard copies, PDF files, or web links to the Contractor in lieu of a Word document.

2) Before sending the translation(s) to the CDE, the Contractor must complete the following tasks:

a. Translate for accuracy

b. Translate for completeness

c. Translate for consistency

d. Translate for correctness

e. Have a secondary proofreader review the translator’s work

f. Verify that the translation is of high quality

g. Verify that conventions are appropriate for the target language and the intended California readership

h. Verify that the formatting of the translation is 508-compliant, accurate, neat, and consistent with the source document and/or any CDE instructions

i. Ensure that the translator has followed all CDE guidelines and instructions, including the use of any CDE translation glossaries, if available, such as the latest version of the “English-Spanish Glossary for Educational Settings” created by the CDE and available on the CDE website

3) The Contractor will email the completed translations to the CDE as specified in Exhibit A, Article XV. Submittals/Formatting:

a. Contractor must take necessary steps to ensure that the translations are of high quality and that the translators and proofreaders have followed all of CDE’s guidelines and instructions.

b. Contractor will use the Assignment Form, see Exhibit F, when sending completed translations to the CDE. The assignment is not deemed as complete without the completed Assignment Form, and it may be sent to CDE as a PDF file.

4) CDE may send the translation(s) to a second, separate Contractor (Translation-Review Contractor), who provides a critique and suggestions in Word Track Changes format. Upon receipt of the review/critique from CDE, the Contractor will ensure that translators review the critique and resolve differences in a way that renders the best translation. Contractor must email the clean, final version of the translation to the CDE as specified in the assignment instructions.

5) The Contractor is required to participate in meetings and/or conference calls with the CDE and the Translation-Review Contractor, upon request by the CDE, to resolve differences regarding reviewers’ comments, at no additional cost to the CDE.

6) The CDE reserves the right to determine when a translation is in an acceptable final form.

7) In the event that the CDE receives complaints or discrepancies regarding a translation provided by the Contractor, the CDE will return the translation to the Contractor for review and (if needed) correction or revision. Contractor will provide to CDE the corrections/revisions at no charge to the CDE.

8) Contractor will be required to advise and consult with the CDE when questions arise regarding assignments, at no additional cost to the CDE. When a particular language-speaking population in California prefers to read documents in a different language (e.g., Arabic translations for California’s Chaldean-speaking parents, translations in Traditional Chinese for California’s Toishan-speaking parents), the Contractor will provide expert input on the best language choice, and CDE will determine the appropriate written language.

9) Refusal to accept or complete any assignment requested by the CDE under the terms of this contract may result in the termination of the contract. Failure to provide high-quality translations, completed and delivered within the assigned deadline, may also result in the termination of the contract.

B. Revisions/Updates to Pre-Existing Translations

At the direction of CDE, the Contractor will update and revise pre-existing translations to reflect a revised source document. (Pre-existing translations may or may not have been provided by the Contractor.) In revising or updating translations, the Contractor will maintain consistency in the translation of educational terms and titles. Prior to delivery to the CDE, the Contractor will ensure that all updated versions accurately reflect the new source document and that the updated translations delivered to CDE have been proofed for the same elements and qualities enumerated in Article VII. A. (2) of Exhibit A.

C. Glossary/Educational References

When a specific educational term, title, or reference (e.g., “California Department of Education,” “California Common Core State Standards,” “school district,” “supplementary educational services”) appears in a source document assigned to the Contractor for translation, the Contractor will ensure that the translation of the term, title, or reference will be consistent among all previous and future translations.

The Contractor will maintain their own ongoing list of such terms and their translations. The Contractor will provide an electronic copy of the list at no additional cost to the CDE 90 days after the start of the contract and thereafter every six months, or upon request by the CDE.

Contractor will maintain translation glossaries of terms and titles commonly used in education-related notifications.

For educational program names or titles, the translated reference must also include the English name along with the appropriate acronym in parenthesis. For example:

Ley federal para la educación primaria y secundaria (Elementary and Secondary Education Act [ESEA], por sus siglas en inglés)

D. Emergency Translation

The Contractor may be required to provide emergency translation services on an as-needed basis with the following timeline requirements for each language in an assignment:

1) Translation of source documents of up to 100 words that are requested by noon Pacific Time may require return to the CDE by 5 p.m. the same day, if requested by the CDE.

2) Translations of source documents of up to 500 words must be provided to the CDE within 24 consecutive hours of assignment.

3) Translations of source documents between 501 and 1,000 words must be provided to the CDE within 36 consecutive hours of assignment.

4) Translations of source documents between 1,001 and 1,500 words must be provided to the CDE within 48 consecutive hours of assignment.

5) Translations of source documents over 1,501 words must be provided to the CDE within the agreed upon timeline determined by the CDE.

E. Additional Instructions:

1) Contractor will proofread/edit internally prior to submission to the CDE.

Contractor ensures that proofreader/editors who work on CDE assignments proofread translations for the following:

a. Grammar

b. Syntax

c. Spelling

d. Vocabulary

e. Punctuation

f. Accuracy

g. Correctness

h. Typographical errors

i. Capitalization

j. Consistency/Parallelism

k. Appropriate or unnecessary uses of transliteration

l. Completeness (no omitted or overlooked words, passages, or paragraphs as compared to the English source document)

m. Text enhancements

n. Formatting consistent with the source document and/or with CDE instructions

F. Contractor will proofread/edit internally prior to submission to the CDE.

Proofreader/editor will ensure that the translation is of high quality and that the language and conventions are appropriate for the target language and the intended readership.

G. Proofreaders/editors must reside in the USA and possess profound familiarity with the terms, titles, references, and idiomatic expressions common to California public education and must ensure that each translation provided to the CDE is appropriate for the intended California immigrant parental readership.

H. Contractor will consult with and advise CDE on instances in which transliteration is required.