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Request for Quotation DJJI-15-RFP-0881, Language Interpretation Services
No.
RFQ
Section
Vendor Question
DOJ Response
| 1 |
| General |
| Can we bid on just a portion of the requirement, or must we bid on the entire requirement? |
| You must bid on the entire requirement. |
| 2 |
| General |
| When are proposals due? |
| Proposals must be submitted by 2:00 pm local time on January 13, 2015. |
| 3 |
| General |
| Will this contract be subject to the Service Contract Act (SCA)? If so, please clarify that on-site interpreters will be subject to the Wage Determination #1987-0989, foreign language translator, which provides for a minimum hourly wage of $27.63, including health and welfare, for 2014? If this is not the correct Wage Determination, please indicate which one does apply. |
No, this contract will not be subject to the Service Contract Act.
| 4 |
| General |
| If the anticipated award date is delayed, will the existing contract be extended to provide the same sixty-day transition period? |
| Yes. |
| 5 |
| B.3(b) |
| This section describes a fully-loaded hourly rate. Please confirm that this rate should include all contractor costs, including allowance for liquidated damages, which, even at an extremely low no-show rate, can total in excess of $500,000 or more per year, and common-language travel, which can total in excess of $1,500,000 or more under the current definition of Common Languages as 500 cases or more per year. |
| Confirmed. |
| 6 |
| B.3(c) |
| Under this RFP, the Government is changing the definition of Common Languages from 500 to 250 cases per year. This change would include languages such as Eritrean, Quiche and Konjobal as common languages, and will result in the awarded contractor incurring a minimum of $250,000 in additional travel costs and likely much more. Should the awarded contractor expect to bear the cost of travel in these languages, even to remote locations or locations which have not previously had orders for this language? Would the Government consider paying for travel the first time a language is ordered in a specific location? |
| Yes, the awarded contractor should expect to bear the cost of travel for these languages. The number of remote locations is minimal. |
No, the government will not consider paying for travel the first time a language is ordered in a specific location.
| 7 |
| B.3(d) |
| Why is there only a one hour minimum order for uncommon languages while there is a two hour minimum for Spanish and common languages? Uncommon languages are actually more difficult to locate and usually have higher minimum charges than common languages. Is it possible that these two categories have been reversed? |
| The categories have not been reversed. The difficulty in locating uncommon language interpreters is partially compensated by a higher hourly rate than for common and Spanish interpreters. |
| 8 |
| B.4(a) |
| What is considered local travel? Are there any guidelines for minimum distance, etc.? |
| At a minimum, any travel within fifty miles of the work site (i.e., the site of the hearing) will be considered local travel. Be aware that the only travel cost that may be borne by the Government under the contract is airfare, or train fare if it is less expensive than train fare, for uncommon languages that has been approved in advance by the Contracting Officer’s Representative (COR). |
| 9 |
| B.4(a) |
| Are travel expenses to be authorized (if needed) for uncommon languages through the life of the contract? |
| Yes |
| 10 |
| B.4(c) |
| Will the Government’s contracted travel service agency be available for support on a 24/7/365 basis? |
| No. Travel authorization and ticketing can only take place during normal business hours because they require approval by a Government employee. |
| 11 |
| B.4(e) |
| It appears that the Government will only reimburse the expense of train and /or airfare for uncommon language assignments, and not the other incidental costs associated with travel, including per diems. Is that correct? Other travel costs such as lodging and per diem often outweigh the cost of the actual transportation. Why is the Government reimbursing the travel costs while having the contractor pay the remainder? |
| Yes, that’s correct. |
The Government has never covered any travel cost other than train and airfare, in part to encourage the contractor to identify local resources.
| 12 |
| C.1 |
| Will interpreters also be ordered for Saipan? |
| Yes |
| 13 |
| C.2(c) |
| What is the percentage of hearings that are recorded by cassette vs. digital? How are the cassette and digital recordings delivered to the contractor (via mail, courier, delivered electronically, etc.)? If via mail, is the contractor responsible for cost? |
| The percentage of hearings that are recorded by cassette is very small. Hearings are recorded digitally unless IT issues are encountered. |
Recordings are delivered by courier or mail at the contractor’s expense.
| 14 |
| C.3 |
| Since the contract essentially requires that local staffing be available for Spanish and common languages, will the Government provide lead times for the contractor to locally staff an uncommon language that becomes a common language during the course of the contract? If so, what will be this lead time or grace period? If there is no lead time available, will the Government pay TDY for these newly converted languages? |
| The contract does not require local staffing for Spanish and common languages. |
The normal lead time will be provided. (Changes in the common/uncommon language listing are not finalized until the last day of each contract year.)
The Government will not pay TDY.
| 15 |
| C.3 |
| Can the Government please provide a comprehensive list of all reports that will be required? |
| No, the Government cannot provide a comprehensive list of all reports that will be required. However, the Government will require, at a minimum, information in the following areas: |
First Time Interpreter Assignments/Evaluations Interpreter Disqualifications New Orientations Ongoing Interpreter Evaluations Report Interpreter Qualifications Matrix Interpreter Recruitment Ad Hoc reports
| 16 |
| C.3 |
| Can the Government provide a list of all electronic notifications that it requires from the contractor, and what parameters and customization will be required? Can you provide the verbiage for each notification? |
| Section C.3.2(c) of the RFP requires electronic notification by the Contractor to the COR providing a detailed explanation for the failure of an interpreter to show up for a hearing. Section C.3.7.2(b) of the RFP requires electronic notification to the Government of a new interpreter’s first assignment – this must be provided at least five (5) business days prior to the order delivery date. |
The Government will not provide verbiage for each notification.
| 17 |
| C.3 |
| Does the Government expect that the contractor will maintain an in-person presence at any of the immigration courts? |
| The Government does not require or expect this, but would encourage it. |
| 18 |
| C.3 |
| Does the Government require monthly meetings with the PMO (management meetings, recruitment meetings, etc.), and is there a requirement for those meetings to be in person? |
| Yes, and in-person is preferable. |
| 19 |
| C.3 |
| Is it correct that there will be no audio transcription required under this contract? |
| Yes. |
| 20 |
| C.3.2(a) |
| Sow C.3.2(a) seems to be confused as to the correct attachment references. It references Attachment (4) for locations and Attachment (5) for nationalities, but the RFP has Attachment (3) as the "List of Languages," Attachment (4) as "Language by Location" and Attachment (5) as "Base Cities and Hearing Locations." Please clarify which are the correct attachments. |
| Section C.3.2(a) should reference Attachment (3) for list of languages by category, Attachment (4) for languages by hearing location, and Attachment (5) for hearing locations by base city and region. |
| 21 |
| C.3.3(c) |
| Please clarify what is meant by “wireless telephones”. Does this refer to cell phones? |
| Yes. |
| 22 |
| C.3.4 |
| What is meant by “certified” translations? Are these translations certified by court or federally certified interpreters, or certified by some other person or organization? |
| They are self-certified |
| 23 |
| C.3.4 |
| C.3.4 mentioned that written certified translation of documents will be requested on an as needed basis. Do the same requirements (i.e. citizenship, residency, security paperwork, testing) for interpreters apply to translators? If not what qualifications are required for translators? |
| Yes, the same requirements apply to translators. |
| 24 |
| C.3.4 |
| What are the expected and minimum turnaround times for completion of document translations? |
| Normally 10 business days (unless an urgent request is received). |
| 25 |
| C.3.4 |
| Will translation of documents be required to be in any specific format? If so, please specify or provide a sample of the format. |
| The contractor will be required to maintain the original document’s layout/format and provide the translation as a Word document. |
| 26 |
| C.3.4 |
| Will document translation be text only, or will there be graphic or other types of information format included? |
| Text only. |
| 27 |
| C.3.5(b) |
| C.3.5 (b) mentions that Federal, State or NAJIT certification will be accepted. What constitutes state certification – do state agencies like human services, which may have their own certifications, count as acceptable forms of certification? Or is only state court certification acceptable? How will the Government address variances in certifications for court reporters by state, territory, or region? |
| Only State court certification is acceptable. |
The Government does not use court reporters in the immigration courts.
| 28 |
| C.3.5(b) |
| There is no mention of firm requirement that all interpreters be Court or Federally Certified linguists. Section C.3.5(b) of the SOW only requires one year of court interpreter experience, OR certification by "Federal, State or the National Association of Judiciary Interpreters and Translators (NAJIT) Judiciary Interpreters and Translators Certification Examination (JITCE) certification." If this is correct, please identify which services would require Certified interpreters and which would only require experienced interpreters, and whether or not a separate pricing CLIN will be established for certified interpreters. |
| Federal certification is not a requirement (it simply exempts an interpreter from being tested and qualified). |
There is no separate pricing CLIN for certified interpreters.
| 29 |
| C.3.5(g) |
| Under what circumstances will interpreters be required to perform simultaneous interpretation? How frequently does this occur? Must all interpreters, even rare language interpreters, be adept in simultaneous interpretation? |
| The simultaneous mode of interpretation will be performed at all immigration court hearings in conjunction with the consecutive mode of interpretation. Every (in-person) hearing/assignment will require simultaneous interpretation. |
Yes, all interpreters must be adept in simultaneous interpretation.
| 30 |
| C.3.5(g) |
| Please define what is meant by "sight translations" in SOW C3.5.(g). Is this a reference to being able to translate documents in a court setting? Or is it in reference to American Sign Language or a related language? If ASL related, please specify what forms of sight interpretation should be made available and whether this is considered a Common or Uncommon language. |
| Sight translation means orally translating a written document (at court). |
| 31 |
| C.3.5(h) |
| Is there a current list of languages for which the simultaneous interpretation has been waived? |
| Simultaneous interpretation has not been waived for any language so far. |
| 32 |
| C.3.6(c)(1) |
| C.3.6 (1) discusses the maintenance and sending of the Master File. The Master File checklist does not include the EOIR Confidentiality agreement which is mentioned in Section H. Should this be included in the sending of master files? |
| Yes. |
| 33 |
| C.3.7 |
| What is the current methodology being used to qualify interpreters for EOIR contracts? |
| Language proficiency and interpreting skills testing is performed by the current contractor. |
| 34 |
| C.3.7.1(b) |
| This section states that each interpreter must be evaluated twice per year. Does this include all interpreters, even those for rare languages who may perform only a handful of assignments for EOIR every year? |
Does the Government intend for the contractor to cover the cost of two evaluations per year for each instructor.
Yes
Yes
| 35 |
| C.3.7.1, C.3.7.2, & C.3.7.3 |
| What system of standard does the Government use to verify that interpreter evaluators are qualified? |
| The offeror should provide information regarding evaluator qualifications and how they are verified by the offeror. |
| 36 |
| C.3.7.2 |
| C.3.7.2 discusses the evaluation of the Interpreter’s first assignment. After the interpreter’s first substantive assignment, how quickly will the recording provided to the vendor? If the hearing has insufficient interpretation (less than 45 minutes of interpretation) how quickly will the vendor be notified that the interpreter can be assigned to a subsequent assignment? If circumstances prevent the Government from providing a timely copy of the hearing recording, this could hamper the contractor’s ability to fill future assignment and result in liquidated damages being applied due to no fault of the contractor. If the Government does not or cannot provide a copy of the hearing within a specified timeframe, will the requirement that the interpreter not be assigned be waived? Will Section F.7.2 (f) apply in this situation? For uncommon languages, if the interpreter’s first assignment hearing recording is pending and has not yet been sent to the contractor, will liquidated damages be waived? |
| The recording will be provided as soon as it’s available |
As soon as it has been determined that a hearing has insufficient interpretation, the vendor will be notified that the interpreter can be assigned to another assignment.
No the requirement will not be waived. Section F.7.2(f) will apply.
Damages will be waived if that interpreter is the only one who is qualified to fulfill that order.
| 37 |
| C.7.3 |
| How will court interpreters be evaluated and/or certified in rare/exotic languages for which there is no certified testing available? |
| The offeror will need to create testing. |
| 38 |
| C.3.9(c) |
| For detained and remote locations, will master calendar viewing waivers be considered on a case by case basis? |
What format will the orientation video be provided in? Can the orientation video be made available in a format that can be legally converted and/or copied and distributed via an on-line training system?
Yes
The orientation video will be provided electronically.
Yes
| 39 |
| F.5 |
| Will the place of performance always be one of the locations listed in Attachment (5) of the RFP? |
| Yes, unless a new hearing site opens. |
| 40 |
| F.6.1 |
| What is the expected volume of short lead-time (less than one or two day) orders for interpreter services? |
| During the period 4/1/13 to 3/31/14, of the 80, 239 orders submitted, 3,028 (3.77%) were short lead time. |
| 41 |
| F.7.2 |
| How frequently does the Government place same-day Spanish orders? With what amount of lead time? If an order is placed with less than two hours’ notice (including orders placed after the scheduled start time of the hearing), will the liquidated damages still apply? |
| During the period 4/1/13 to 3/31/14, of the 43,864 Spanish orders submitted, 227 (0.52%) were same day. |
| 42 |
| F.7.2 |
| Will liquidated damages be applied for same-day Spanish orders even when those orders are placed after the scheduled start time (i.e. without any advance notice)? |
| No, liquidated damages will not be applied for same day orders placed after the scheduled start time. |
| 43 |
| H.2.2 |
| What is the minimum lead time for the Government ordering each of the services required in the statement of work? |
| There is none. |
| 44 |
| H.2.2 |
| In what manner will orders for services be sent to the Contractor? Will orders originate in one office and/or with the COR, or will there be a list of authorized ordering officials at each location? If multiple locations can order services, will all locations be able to order via electronic means? What means will be used for ordering, electronic-based or otherwise? |
| Electronically, via an ordering system. |
No, orders will be placed by various authorized officials at each individual court.
Yes, all locations will be able to order via electronic means.
Electronic-based.
| 45 |
| H.2.3(c) |
| Will the contractor be required to synch its order system with the Government’s system, ECOIS, in order to electronically receive orders from EOIR? Who will be responsible for the costs of developing this integration? |
| Yes. |
The contractor will be responsible for the costs.
| 46 |
| H.3.1(b) |
| Currently EOIR has not been accepting transfers of PTI certifications or clearances from other agencies for interpreters. H.3.1 (b) states that PTI certifications will be accepted from other Federal agencies. Will PTI certifications from other Federal agencies be accepted for contractor personnel, including interpreters? |
| PTI certifications will be accepted from other federal agencies provided those investigations meet or exceed DOJ requirements. Linguists/interpreters are considered Low Risk/Non-Sensitive positions under this contract. Section H.3.1.2(a)(3) of the solicitation provides the minimum background investigation for Low risk/Non-Sensitive positions. |
| 47 |
| H.3.1(c) |
| What is the turnaround for security packages submitted for contractor personnel? |
| Packages will be completed in one (1) week. |
| 48 |
| H.3.1.1 |
| What risk level applies to contract interpreters? |
| Low risk. |
| 49 |
| H.3.1.2 |
| What is the historical average lead-time for having a linguist/interpreter approved by security for a Public Trust Investigation? What is the longest time that it can take to process an EOIR background investigation? |
| In the past, it has taken EOIR several weeks to process Public Trust investigation. However, EOIR has recently employed additional specialists to process linguist/interpreters. The timeframe it now takes to process an EOIR background investigation is one (1) to two (2) weeks. |
| 50 |
| H.3.1.2 |
| How many Public Trust Investigations do you anticipate completing for linguists during the sixty-day transition period? |
| 100 to 200 investigations. |
| 51 |
| H.3.1.2(b) and H.3.1.3(a) |
| Will the Government accept electronically transmitted fingerprint cards? |
| No. EOIR requires the vendor to mail hard copy fingerprints and signature pages to the EOIR Security Office. EOIR’s system is not set up to accept electronically transmitted fingerprints. |
| 52 |
| H.3.1.3 |
| Since the vendor will be given e-QIP administrator access to initiate, review, and submit security packages to EOIR, and given the huge number of security packages that are submitted annually through e-QIP (which is required to maintain satisfactory fulfillment of this contract), is the vendor required to demonstrate that they have e-QIP experience? |
| Yes. EOIR will provide an e-Qip training tool with instructions to the vendor. |
| 53 |
| H.3.1.3 |
| H.3.1.3 discusses the submittal of security forms. Does the EOIR require the vendor to mail hard copy fingerprints and signature pages to the EOIR Security Office? |
| Yes. |
| 54 |
| Section I |
| Pursuant to Federal regulations, we are required to now provide existing employees of the incumbent contract employment offers on a first refusal basis. Will the incumbent contractor's employee linguist's information (name, resume, contact info, salary info) be made available to meet this requirement? |
| Because this contract is not subject to Federal Acquisition Regulations (FAR) Part 52.222-41, “Service Contract labor Standards”, the right of first refusal to incumbent contract employees provided for in FAR 52.222-17 does not apply to this contract. |
| 55 |
| L.3 |
| Is there a page limit on the response, or per section of the response? |
| Per Section L.3 of the solicitation, the entire technical proposal may be no more than 100 pages, not including resumes. Resumes are limited to two pages each. |
There is no page limitation for the business proposal.
| 56 |
| L.3.2.4 |
| Would the Government clarify whether five past performance references are required from the prime contractor and each major subcontractor, or if a total of five past performance references are required from the entire team? |
| Five past performance references are required from the prime contractor and each major subcontractor. |
| 57 |
| M.3(b) |
| As part of the pricing evaluation criteria, the Government states that it will verify the accuracy of the data contained in each offeror’s pricing table. Are offeror’s required to submit back-up documentation or mathematical traceability/formulas which map to the fully burdened Fixed Unit Rates in Attachment 1? |
| No. |
| 58 |
| M.3(b) |
| Will the Government provide an estimate for types of languages, per location and frequency? |
| This is provided in Attachment (4) to the solicitation. |
| 59 |
| M.3(d) |
| Can the Government please clarify the application of this clause – does this mean that only prime HubZone offerors may receive this evaluation preference? |
| Yes. |
| 60 |
| M.3(d) |
| Per the note in this section, at least 50% of the cost of personnel for contract performance must be spent for employees of the offeror or other HubZone small business concerns. Can the Government please clarify that this applies to interpreters? Can the Government please confirm that freelance or independent contractors do not count in the calculation of employees for the purposes of fulfilling this requirement, so only interpreters classified as employees of such a firm would be able to be counted towards the 50% of cost of personnel? |
| Only individuals who are directly employed by either the HubZone prime contractor or other HubZone concerns teaming with the HubZone prime contractor may be counted toward the requirement that 50% of all personnel cost for contract performance will be spent for employees of the contractor. |
| 61 |
| Attachment (1) |
| There is no contract line item provided for Overtime or Holiday pay in the pricing table. At some point during the contract there will be a need for both of these situations. |
| No overtime or Holiday time will be authorized under this contract. |
| 62 |
| Attachment (1) |
| Measuring written translation by the page is imprecise since the assumption of how many word per standard page varies. The industry and GSA standard unit of measure for translation is a "per word" rate. Can CLINs 1007, 2007, and 3005 be changed from a "per page" to a "per word" deliverable unit of measure? If the per page rate remains, can the Government please clarify what it considers a “page” in terms of average size and word count? |
| Yes, the unit of measure will be changed from pages to words. The estimated quantities for CLINs 1007, 2007, and 3005 will be revised in Attachment (1) of the solicitation to 40,000 words per year. |
| 63 |
| Attachment (3) |
| What is the period of performance for the data shown in Attachment (3)? Is it the same period of performance as Attachment (4)? |
| April 1, 2013 to March 31, 2014 for both attachments. |
| 64 |
| Attachments (3) and (4) |
| Regarding attachments (3) and (4), can the Government provide any breakdown of historical usage between on-site and telephonic interpretation hours? |
| Please see the attached spreadsheet. |
| 65 |
| Attachment (4) |
| Is there a spreadsheet version of Attachment (4) that can be made available? Is there a version of this data that is organized geographically? |
| Please see the attached spreadsheet. |
Vendor Questions and DOJ Responses, December 19, 2014 Page 10
