Industry Q As.pdf

Request for Quotation DJJI-09-RFP-0544, Language Interpretation Services

Vendor Questions and DOJ Responses, January 09, 2009 Page 1

No.

RFQ

Section Vendor Question DOJ Response

1 General Is it possible to learn the current rates of the current contract? What were the starting rates and option renewal year rates of this current contract?

This information must be requested via the Freedom of Information Act.

2 General We see that the original proposal was due in August. When did the due date change, and did anyone submit proposals?

The packages submitted in August, 2008, were done as part of the Government’s market survey to determine interest in this procurement from industry. The initial request specifically stated that it was a market survey for informational purposes only and was not to be construed as a Request for Proposals.

The Government received numerous responses to this initial request.

3 General We are interested in offering additional service options that may be a cost savings. Should we submit separate information about these options, or can we include this information within the proposal?

Any additional services should be included in the vendor’s proposal. However, vendors must ensure that the requirements included within the solicitation are met.

4 General Is the response to be delivered in both electronic (files on disc) and hard copy format?

Yes, one hard copy and one CD-ROM of the Business Proposal and three hard copies and three CD-ROMs of the Technical Proposal.

5 General Can you provide a copy of the incumbent contract, particularly their pricing structure?

See the response to Question #1.

6 General Is the Government satisfied with the performance of the incumbent? If not, what have been the major complaints?

Federal Acquisition Regulations (FAR) Part 42.1503(b) prohibits the Government from disclosing such information.

7 General Can you provide the dollar amount spent under the incumbent contract over the last year or two?

The government has spent $15-20 million dollars in each of the last two years.

8 General There is not a Page 26 in the solicitation. Is this a page numbering error, or is there a page missing?

This is a page numbering error.

9 B.3 What is the breakdown on the frequency of using telephonic interpreters and a breakdown by language combination per day, week, and month?

During CY 2007, of a total of 71,429 orders, 727 (1.02 %) were for scheduled telephonic (these figures include cancellations). See Attachment A to these responses for a breakdown.

10 B.3 Can DOJ provide us with a breakdown on the number of interpreters and language combination that have been contracted for during the contract period that are not U.S. citizens or permanent residents but located in the United States?

This information is not available.

11 B.3 Can DOJ tell us if the current vendor is also contracting with interpreters based outside the U.S. to provide telephonic interpreting?

If so, could they provide us with a breakdown of interpreted events per year and/or contract period?

See the response to Question #10.

No.

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12 B.3 Can DOJ tell us if interpreter evaluators are being contracted outside the U.S., assuming the contractor is subcontracting with others outside the U.S.? If so, in what languages?

See the response to Question #10.

13 B.3 The pricing table requires multiple increments of labor prices with the smallest in unit of an hour. Can the Government confirm that one hour will be the minimum billing increment for work performed?

Yes.

14 B.3 The pricing table indicates a unit for telephonic as “Hours”, whereas industry standard is “Minute”. Is hourly your preference?

Yes.

15 B.3(c) How are fractional hours calculated? If an interpreter works any number of minutes between 60 and 120, how much would the contractor be able to charge for, one hour or two?

Any fractions of an hour are paid as if they were a full hour. For example, if an interpreter works for one hour and one minute, the contractor will be paid for 2 hours.

16 B.3(d) Using the per hour CLIN, if an interpreter is used for 1.5 hours, will a minimum one hour payment be made to the Contractor? Please clarify.

If an interpreter is used for 1.5 hours, a 2 hour payment will be made to the contractor.

17 B.4(a) In Section B.4(a), second sentence, it states local travel expenses will not be reimbursed. What distance is considered local, i.e., 25 miles?

50 miles?

All travel expenses other than Government-approved airfare and train fare for uncommon languages are the responsibility of the contractor.

18 B.4(a) Since under the terms of the RFP the Contractor is required to bear the cost of travel, other than transportation to a location, and include it as part of their fixed unit prices, will the Government provide an estimate or historical activity levels of annual travel (number of trips, length of trips, locations, etc.) so offerors may make reasonable cost assumptions for their proposals?

DOJ can only provide estimates and historical activity level for approved travel costs borne by the Government for uncommon languages.

19 B.4(f) The Government states, “If the Government cancels an uncommon language order for which the Contractor has already made travel arrangements and reservations, the Contractor shall immediately cancel the interpreter’s travel reservation and/or ticket(s) and notify the Government via electronic transmissions that the travel has been cancelled.” If the Government cancels an order after the Contractor has already incurred some travel cost for a job (i.e., on the scheduled assignment date), will the Government reimburse those costs if they are reasonable, or is it correct that the Contractor must pay all expenses for cancelled flight or train?

The Government does not reimburse the contractor for travel costs. Uncommon language airfare and train fare is arranged by the contractor but purchased by the Government. Whenever an uncommon language order for which travel has been arranged is cancelled, the contractor must immediately cancel the travel.

20 B.4(f) What percentage of the assignments requires air or train travel? Do you have a breakdown of this by area and language?

The percentage of UNCOMMON language orders that required air travel in CY 2007 was 20.79 % (or 3,073 of 14,782 orders).

Please see Attachment B to these responses for a breakdown.

Travel figures for Spanish and Common languages and for uncommon train fare are not available.

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21 B.4(f) What percentage of the assignments that require air or train travel are cancelled?

In CY 2007 7.48 % (230) of the 3,073 UNCOMMON language orders requiring air travel were canceled.

22 C.2(c) What is the average duration of the master calendar hearing? The average billed hours for master calendar hearings is 3.3 hours

23 C.3.2 How much lead time is provided to the contractor for interpretation requests? How often might we get same day requests?

The contractor is given as much lead time as possible. This ranges from 5 days to 6 months advance notice (although there are some orders that might be placed with a shorter lead time).

The average lead time for CY07 was 24 business days.

Same day orders for CY07 totaled 220, 15 for scheduled telephonic and 205 for in-person.

The percentage of same day orders based on the total number of orders for CY07 (71,429) was 0.31%; this includes cancellations.

24 C.3.2(b) The solicitation states, “Interpreters may be required for multiple hearings or required to work with more than one immigration judge.” In such instances, will the Government place interpretation service requirements for one hearing and require interpreters to interpret for multiple subsequent hearings? Will the Government separate interpretation requirements for each subsequent hearing? Please clarify.

Interpreters are not ordered for specific hearings, but rather for specific dates/times, locations and languages. Information for the lead hearing is provided simply as a convenient reference.

Interpreters may be required to remain at court for the duration of the day and interpret for multiple hearings, even when an order is placed for 8:00 am.

25 We see that sign language is included in the contract. Are there specific separate requirements for sign language training and certification?

There is no specific requirement for sign language in the solicitation.

26 C.3.3(c) Is it necessary for telephonic interpreters to meet the same security requirements as on-site interpreters?

Yes.

27 C.3.5(c)(2) Among the items to be provided in the Contractor’s Quality Assurance Plan is an Interpreter Qualifications Matrix listing all interpreters used by the Contractor for this contract. This section refers the contractor to Attachment (8) of the solicitation for instructions on how to complete the matrix. Attachment (8) states that the matrix must be completed within sixty days after award of the contract.

Will the Government confirm that the matrix is due sixty days after award of the contract and is not due with the contractor’s proposal? If the matrix is due with the contractor’s proposal as indicated in Section C.3.5(c), would the Government allow the contractor to submit the matrix (which could be several hundred pages long) as an Appendix to its proposal?

Yes, the matrix is due sixty days after award, and is not due with the contractor’s proposal.

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28 C.3.6.2 Will you make information on interpreters working under the current contract available to the awardee? If not, will all new interpreters need to have one of their first assignments recorded and evaluated?

The Government anticipates making current contract information that is deemed releasable available to the successful vendor. Individuals who have worked successfully on the current contract may be exempt from having their first assignment evaluated on the new contract.

29 3.6.3(a) The solicitation states that upon request by the Government, the contractor shall have a qualified interpreter evaluator evaluate the recording of any hearing interpreted by the Contractor’s interpreter.

Will the Government accept an outside professional to evaluate the tape?

Outside professionals may evaluate recordings only if they have been specifically qualified as interpreter evaluators according to the provisions of this solicitation. Their names should be included in the interpreter evaluation plan list of evaluators.

30 C.3.8(b) Among the items required to be provided to each interpreter is a “copy of the Immigration Court Terminology list in English and the interpreter’s respective language(s) (see Attachment (9)).” Does the Government mean to require translated terminology lists other than for those languages which are not written languages, or for which no legal terminology exists?

The contractor must have the court terminology list translated into all languages for which orders are placed, provided that the language is written and legal terminology exists.

31 C.3.8(a) & (c) Can we get a copy of the interpreter immigration court handbook and a copy of the immigration court orientation training video?

The Government will provide one copy of the handbook and one copy of the video at the time of award.

32 C.3.11(a) The solicitation mentions badges for interpreters in Sections C.3.11(a) (contractor-issued) and H.4.1.6(b and c) (Government-issued). Can the Government confirm that contract interpreters will only be required to have the contractor-issued badges as described in Section C.3.11(a)?

Yes, the Government can confirm that contract interpreters will only be required to have contractor-issued badges.

33 C.3.11(e) The solicitation states that there will be weekly meetings in which the program manager will be responsible for attending. Does this require that the program manager attend these meetings in person every time, or is there a potential to do this via teleconference? In addition, how important is it for the program manager to be local to the Washington, DC area?

To ensure open and reliable communications between the Government and the Contractor, the Contractor should be available for weekly meetings with the Government, as needed, be it via the telephone or in person. Currently, monthly meetings with the contractor are in-person and attended by the Program Manager and key personnel.

34 F.6 How far in advance are services typically placed? See the response to Question #23.

35 F.6.2(a) What percentage of the assignments are cancelled? Do you have a breakdown of this by language and by location?

18.28 % of the orders were cancelled in CY07. Please see Attachment C to these responses for a breakdown of cancelled orders by site and language.

36 F.6.2(a) Please provide the total number of cancelled requirements for 2007.

How many interpretation requirements were cancelled by 5:00 pm local time? How many interpretation requirements were cancelled after 5:00 pm, local time?

13,059 of 71,424 orders placed for CY07 were cancelled 12,956 were cancelled by 5:00 pm 103 orders were cancelled after 5:00 pm.

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37 F.6.2(a) In the table included in Section F.6.2, the Government indicates the payment amount for a cancellation after 5:00 pm will be reimbursed at “Two (2) times the hourly rate...” Please clarify if that means two hours at the appropriate rate.

Yes, it does mean two hours at the appropriate rate.

38 F.6.2.(a) Is it correct that if there is a cancellation, we are reimbursed two hours worth of service, but if an interpreter shows up to a hearing and is not used or only interprets for thirty minutes, he/she will only be paid one hour?

Yes

39 F.7.1 For the year 2007, what was the total amount of payment deductions assessed for “nonconforming services” by language and location?

The Government has already provided a detailed breakdown of hearings ordered in CY07 by language and location, via Attachments (3) through (5) of the solicitation. This information should be sufficient to allow the contractor to project potential payment deductions for nonconforming services and potential liquidated damages for nonperformance of services. Any specific discussion of payment deductions or liquidated damages under the current contract could be construed as a discussion of the current contractor’s performance under the contract, which is prohibited by Federal Acquisition Regulations (FAR) Part 42.1503(b).

40 F.7.2 In the past two years, immigration raids have increased substantially, which means removal hearings would have also increased substantially. This increase in immigration deportation hearings would not have been factored into the last bid since this was unforseen. In such cases, (unforseen increase in number of court proceedings), would the Contractor be penalized or considered in default due to shortage of interpreters?

Liquidated damages would be assessed for non-performance of services.

41 F.7.2 For the year 2007, what was the total amount of payment deductions assessed for “nonperformance services” by language and location?

See the response to Question #39.

42 F.7.2 What percentage of the assignments result in liquidated damages for the current contractor?

See the response to Question #39.

43 F.7.2 What is the cannot fill percentage by location and by language? What is the no show rate under the current contract?

See the response to Question #39.

44 F.7.2(b) Will the Government consider a lower liquidated damages rate per occurrence?

No.

45 H.2.3(c) What percentage of the requirements were placed via ECIOS? Via email? Via facsimile? Orally (by phone)? Please provide a sample of the ECIOS.

100% of the orders are placed via ECIOS. It is only when the system is down that an order would be placed via e-mail. A sample of the ECIOS is not available.

46 H.4 Does DOJ require a secured facility for the telephonic interpretation services?

47 H.4 What level of internet security is DOJ requiring? None. Contract interpreters will not have IT access

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48 H.4 Due to the high level of security requirements as stated in Section H.4 of the solicitation, should the contractor address these items in its proposal under the RFP section L.3.3.2, “Management”, or as a separate section?

In the “Management” Section of its technical proposal.

49 H.4.1.1 Can you elaborate on what constitutes a high and moderate risk employee?

Risk level is based on an overall assessment of the damage that an untrustworthy contractor could cause to the efficiency or the integrity of Departmental operations.

50 H.4.1.2(a)(3) Will the Government please confirm that all contract interpreters will fall into the “Low Risk, Non-Sensitive” category as described in Section H.4.1.2(a)(3) of the solicitation?

With the exception of the e-QIP administrator, all contract positions for this contract are “Low Risk, Non-Sensitive”.

51 H.4.1.2 Typically, how long do background investigations take? The length of time varies and is on a case by case basis.

52 H.4.1.3(a) Will the Government or vendor bear the cost of finger-printing? The vendor will bear the cost of finger-printing.

53 H.4.1.6(b)&(c) Paragraph H.4.1.2(a)(4) indicates that all contractor personnel (except for the e-QIP Administrator) are only cleared for escorted access to EOIR space. Paragraph H.4.1.6(b) and (c) apply to contract personnel requiring unescorted access to controlled Federal or DOJ facilities.

These two sections seem inconsistent. Is this a mistake? If not, when would Section H.4.1.6 apply?

Section H.4.1.6 will not apply as all contractor personnel (with the exception of the e-QIP Administrator) will be cleared only for escorted access to EOIR space. All contractor personnel will be required to show proper identification.

54 H.6(b) According to Section H.6, the Government has the publication rights in the materials produced by the Contractor under this contract. This should include any terminology lists and other Government-paid resources produced by prior contractors. Will the Government ensure that any existing terminology lists are provided to the new contractor?

The Government will provide those glossaries and terminology lists developed by EOIR and those produced by prior contractors.

55 H.8 Are we able to make changes to our subcontractors over the years, adding or deleting based on various business factors?

Yes, but the addition of any new subcontractors is subject to the prior written consent of the Contracting Officer or COTR.

56 H.11 How do we need to report subcontractor usage? Do we need this reported for every subcontractor we use or just in the event one subcontract is more than $10 million?

The Contractor and its subcontractors must submit Individual Subcontracting Reports and Summary Subcontracting Reports at all tiers.

57 Section J Attachment (12) as listed in Section J of the solicitation should be the Confidentiality Agreement, and Attachment (13) should be the Subcontracting Plan. However, in the solicitation itself, Attachment

(12) is the Subcontracting Plan, and the Confidentiality Agreement is missing.

Attachment (12) of the solicitation should be the Confidentiality Agreement, and Attachment (13) should be the Subcontracting Plan. This will be corrected.

58 K.1(a)(2) What does “The small business size standard is $6.5 million” mean? A company’s average annual gross revenue for the past three years must be less than $6.5 million per year for it to be considered a small business for this procurement.

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59 L.3.1.2(a) The RFP states, “The goals listed below represent the dollar percentage of subcontract dollars.” Later in the same paragraph, the RFP states, “The dollar amount provided will be compared to total contract dollars to determine a percentage of total contract dollars for each of the categories.” Please clarify on which basis the Small Business Subcontracting goals will be based, total subcontract dollars or total contract dollars.

Total contract dollars.

60 L.3.1.2(a) The Government provides a table of Small Business Participation goals. Would the Government clarify whether the overall goal for subcontracting is the 42.9% listed for Small Business with the other goals inclusive within this amount, or is the goal the aggregate of all the percentages shown in the table (58.9%)?

The small business participation goal of 42.9% is inclusive of the participation goals provided in the RFP for the other business categories.

61 L.3.2.2 Regarding EOIR’s three main components (Office of the Chief Immigration Judge, Board of immigration Appeals, and Office of the Chief Administrative hearing Officer), in what specific ways does EOIR require the winning vendor to service the Board of Immigration Appeals and the Office of the Chief Administrative Officer, using what CLINs of the contract?

EOIR will require an interpreter for the Board of Immigration Appeals for instances where an oral argument are made before the board and the presence of the respondent is required.

OCAHO will require the use of an interpreter to answer inquiries made by phone or in writing.

The hourly rate will be used.

62 L.3.2.2 The sixty day transition period is thirty days less than the ninety days that was permitted during the previous procurement. Would DOJ consider extending the transition period back to ninety days or more?

DOJ will extend the transition period to ninety (90) days.

63 L.3.2.3 As you are probably aware, the overwhelming majority of interpreters work on a freelance basis. Given the scope of this solicitation (the number of languages and large geographic area), it would be very difficult to provide a list of every interpreter for every language in every possible jurisdiction. As an alternative, can we list instead the qualifications of our interpreters?

Both the names of the interpreters and their qualifications should be provided.

64 L.3.2.4 The solicitation states that experience with contracts of similar size and scope with Federal government customers will be considered more relevant than those done for commercial or state government customers. How much weight will be given to such experience?

A specific weight cannot be provided.

65 M.1.2(b) Please define the term “substantially equal”. How many point variance in the technical evaluation scores will be considered substantially equal?

This question cannot be answered until the proposals have actually been evaluated.

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66 M2.1(4) What are the criteria for awarding the five points allocated to Small Disadvantaged Business participation? If there is a revenue percentage goal, what is the percentage that equates to the maximum points available, and will points be allocated incrementally according to the extent the offeror meets the percentage goal?

Will SDB subcontractors used by an offeror’s primary subcontractors apply to this percentage or be otherwise taken into consideration when points are awarded? If so, must these primary subcontractors meet the dollar amount criteria for first-tier subcontractors, as outlined in Section L.3.1.2(a), in order for their SDB subcontractors to be counted?

Points will be allocated for Small Disadvantaged Business participation based on the percentage of total contract dollars the contractor is allocating to small disadvantaged businesses.

To receive the maximum points available, the contractor must allocate 10% or more of its total proposed cost to SDB concerns. Points will be allocated incrementally according to the extent the contractor meets the percentage goal.

Only first-tier subcontractors will count toward meeting the small disadvantaged business participation goals.

67 Attachment (3) Do the number of orders and total hours provided in Attachment (3) include telephonic interpreting? If so, what is the distribution between on-site and telephonic interpreting? If not, can you make similar stats available for the telephonic interpretation requests?

Yes, Attachment (3) of the RFP includes telephonic interpreting.

See the response to Question #9.

68 Attachment (9) Is the Immigration Courts terminology available in languages other than Spanish?

Yes, it is available in Mandarin and Creole