IFB__24-004_-_ASL_Interpreting_Services.pdf

Invitation For Bid (IFB) Notice to Prospective Bidders

IFB #24-004

American Sign Language (ASL) Interpreting Services

June 13, 2024

Prospective Bidders are invited to review and respond to this Invitation for Bid (IFB), entitled #24-004 – American Sign Language (ASL) Interpreting Services. In submitting your bid, you must comply with these instructions.

This solicitation requires all bidders meet the minimum Disabled Veterans Business Enterprise (DVBE) 3% participation goal for this solicitation. However, this solicitation excludes the DVBE incentive and adjustments will not be applied to bids with more than 3% DVBE participation.

All agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at the following Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017.

In the opinion of the Secretary of State (SOS), this IFB is complete and without need of explanation. However, inquiries regarding this IFB should be referred to:

Saulo Giron, Contract Analyst Contract Services Unit Secretary of State contractservices@sos.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Contract Services | Management Services Division | 1500 11th Street, Suite 460 Sacramento, CA 95814 | Tel 916.653.5974 | www.sos.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC%2004/2017 mailto:contractservices@sos.ca.gov

Secretary of State

Table of Contents Section Page

A) Purpose and Description of Services

B) Bidder Mandatory Qualifications, Certifications/Resumes and References

C) Time Schedule Information and Bid Package Requirements

1) Key Action Dates

2) Submission of Bid

3) Bid Opening, Evaluation, and Selection

4) Award and Protest

5) Disposition of Bids

6) Agreement Execution and Performance

7) Insurance Requirements

D) Preference Programs

1) Small Business Preference

E) Required Attachments

1) Required Attachment Checklist

2) Bid/Bidder Certification Sheet

3) Cost Sheet

4) Code of Ethics, Professional Translators and Proofreaders…………………………..17

5) Bidder References

6) California Disabled Veteran Business Enterprise (DVBE) Program Requirement ... 22

7) Darfur Contracting Act (if applicable)…………………………………………………..23

8) CA DGS Approved Small Business Certification (if applicable)

9) CA DGS Approved Disabled Veteran Business Enterprise Certification

10) Payee Data Record (STD 204) ..................................................................................... **

11) Contractor's Certification Clauses (CCC 04/2017) (page 1) ................................... **

F) Sample Standard Agreement (STD 213)

1) Exhibit A – Scope of Work

2) Exhibit A-1 – Certification of Interpreter or Translator…………………………………33

3) Exhibit B – Budget Detail and Payment Provisions

4) Exhibit B-1 – Cost Sheet

5) Exhibit C – General Terms and Conditions

6) Exhibit D – Special Terms and Conditions

7) Exhibit E – Additional Provisions

** These documents are not required to be returned with the bid package and are required upon award of the contract. See Attachment 1 – Required Attachment Check List.

Please note: This solicitation does not include a formal “Questions & Answers” (Q&A) period. Therefore, any questions submitted regarding this IFB will be answered and/or addressed at the SOS’s discretion, depending upon the impact to the IFB based on the request for information/clarification and/or current workload. Please carefully review the attached IFB in its entirety before submitting questions, as inquiries may not be responded to if the information requested has been provided in the IFB.

A) Purpose and Description of Services

The California Secretary of State (SOS) is soliciting for American Sign Language (ASL) to interpret spoken English to ASL and/or ASL to spoken English for Video Remote Interpreting (VRI), on-site at SOS, and at other locations as needed. Please see Exhibit A – Scope of Work (SOW), Exhibit A-1 – Certification of interpreter and Translator. and the required Attachments for complete details and information.

The anticipated contract term is July, 2024, through June 30, 2027.

B) Bidder Mandatory Qualifications, Certifications/Resumes, and References

1. The Bidder’s ASL Interpreters performing services under this Agreement must meet the mandatory qualifications, in addition to the minimum Certification qualifications identified (as applicable) in Exhibit A-1 - Certification of Interpreter(s)/Translator(s).

2. Bidder(s) must complete Attachment 5 - Bidder References, providing a list of three (3) customers for whom ASL Interpreting services have been performed within the last five (5) years, similar in scope and complexity to the services to be performed in this contract. Reference information shall include company/organization name, contact representative name and telephone number, and a description of the job(s) performed (including quantities and delivery schedules). The description of the services performed must be detailed and comprehensive enough to permit the State to assess the similarity of the project(s) to the minimum experience requirements stated above and outlined in the SOW. SOS reserves the right to contact references prior to contract award.

NOTE: If the Bidder has performed these services for the SOS within the last five (5) years, the SOS must be listed as one (1) of the references provided in Attachment 5.

C) Time Schedule Information and Bid Package Requirements

1) Key Action Dates

Event Date/Time

IFB available to prospective bidders June 13, 2024

Final Date for Bid Submission June 28, 2024, 4:00 p.m.

Bid Opening July 3, 2024, 10:00 a.m.

1500 11th St, Sacramento CA, 95814 (SOS Rotunda)

Anticipated Notice of Intent to Award July 5, 2024

Anticipated Notice of Award July 11, 2024

2) Submission of Bid

a) Each bidder may submit only one (1) bid. All bids must be submitted under sealed cover and sent/delivered to Secretary of State by the Final Date for Bid Submission shown above in the IFB, Section D.1 – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show the bidder’s name and address, and must be marked with "Do Not Open", as shown in the following example:

American Sign Language (ASL) Interpreting Services Do Not Open

Note: Bids not submitted under sealed cover may be rejected.

b) All bids must include the documents identified in Attachment 1 - Required

Attachment Checklist. Bids not including the proper “required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear the original signature of a person authorized to bind the bidding firm. Note: For the attachments required to be submitted with the Bidder’s response that require signature(s), the use of Electronic Signatures (eSignature) is permitted. eSignatures will be accepted and are legally binding and equivalent to handwritten signatures. The SOS may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

d) Mail or deliver bids to the following address:

Attn: Contract Services 1500 11th Street, 4th Floor, Room 460 Sacramento, CA 95814

Note: Instructions for drop off of courier mail and hand-delivered bid packages will be provided upon arrival at the SOS address location (at the 1st Floor Security Desk).

e) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

f) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

h) Loss Leader:

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code (PCC 10344(d)(e)(1)).

i) An individual who is authorized to bind the bidder contractually shall sign the

Attachment 2 - Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

j) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

k) A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

l) The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

m) The awarding agency reserves the right to reject all bids and/or to cancel this

IFB if it is in the best interest of the State to do so. The agency is not required to award an agreement.

n) Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

o) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

p) 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. The State’s General Terms and Conditions (GTC) are not negotiable.

q) No oral understanding or agreement shall be binding on either party.

r) Qualifications to Do Business in California

All corporations, limited liability companies (LLC) and limited partnerships (LP) are required to be registered with the California Secretary of State (SOS) in order to do business* in the state of California. Before contract award can be made, the Contractor must be currently registered and in “Active” status with the California SOS, as required by law, to do business in California; this applies to domestic entities (organized or commercially domiciled in the state of California) and foreign entities (organized or commercially domiciled outside of California).

During the response evaluation process, the State will verify if the Bidder is currently registered and in good standing (i.e., “Active” status) with the California SOS, as applicable, in order to ensure that all obligations due to the State are fulfilled. Therefore, a certificate of status is not required to be submitted with the bidder’s response.

* “Doing business” is defined in the California Revenue and Taxation Code § 23101 as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit”. Although there are some statutory exceptions to taxation, rarely will a contractor performing within the state not be subject to the applicable franchise tax.

s) 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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

By signing Attachment 2 - Bid/Bidder Certification Sheet the Bidder certifies that they agree to the above.

t) Generative Artificial Intelligence (GenAI)

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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (Std. 1000) to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, 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.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

3) Bid Opening, Evaluation, and Selection

a) All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read.

b) Bidders that would like to attend the in-person Bid Opening may do so per the date, time and location identified in Section D.1, Key Action Dates, Bid Opening.

c) At the time of bid opening, each bid may be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d) At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

e) The State will evaluate each bid to determine its responsiveness to the published requirements. This is a pass/fail evaluation.

f) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

g) Award if made, will be to the lowest responsive responsible bidder whose references substantiate similar work performed in a satisfactory manner. For the purposes of this solicitation, the lowest cost shall be evaluated based upon the overall average rate. (See Attachment 3 – Cost Sheet)

4) Award and Protest

a) The award, if made, will be to the responsive and responsible Bidder that offers the lowest cost.

b) Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified five (5) working days prior to the award of the agreement.

c) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

d) Any Bidder who submits a bid may file a protest if the Bidder believes it’s bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

Protests are limited to the grounds described in Public Contract Code (PCC) Section 10345.

e) If any bidder, prior to the award of agreement, files a written protest with the

Department of General Services, Office of Legal Services, and the Secretary of State on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

f) Within five (5) days after filing the initial protest, the protesting bidder shall file with both the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest if the original protest did not contain the complete grounds for the protest.

g) The written protest must be submitted to both of the following:

a. Department of General Services, Office of Legal Services

Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

b. Secretary of State

Attn: Contract Services 1500 11th Street, 4th Floor, Room 460 Sacramento, CA 95814 Email: contractservices@sos.ca.gov

The statement must contain the law, rule, regulation, practice, IFB number, name of the State agency involved, the agency contract person and detail reason(s) the protestant believes the awarding agency has improperly applied in awarding the Agreement.

h) Protests may be submitted by regular mail, email, courier, or personal delivery.

Protestants should include their email address if they have one and advise if they will accept service of documents pertaining to the protest via email.

i) Upon on resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 mailto:OLSProtests@dgs.ca.gov mailto:contractservices@sos.ca.gov and 26131. This form can be found on the Internet at https://www.dgs.ca.gov/PD/Forms. under the heading Office of State Publishing (OSP) Standard (STD) forms. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

j) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC 04/2017), which can be found on the Internet at:

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

5) Disposition of Bids

a) By submitting a bid, Offeror agrees to the terms and conditions stated in this

IFB, Exhibit A - SOW and the resulting Contract. Responses received after the Response Due Date may not be assessed. Offers received in response to the SOW will be valid for one hundred eighty (180) days after the Response Due Date. Offeror agrees to have an available Resource(s) with the appropriate skills to complete the resulting Contract for all goods and services and provide all deliverables as described in the solicitation and SOW.

b) Submitting responses that include assumptions, added conditional statements or statements regarding changes to the SOW in this IFB may result in the offer being found non-responsive.

c) Submitting documents in the bid that are marked as “Confidential”, “Proprietary” or similarly labeled and/or appear to contain sensitive information, that at the State’s discretion, may be considered an information security issue; therefore, may be grounds for the bid being deemed non-responsive and the bid rejected. Bids rejected for this purpose will have all pages which contain such labels or information destroyed prior to Award of the contract pursuant to this IFB.

d) Upon review of the offers received and subsequent Contract Award, all documents submitted in response to this IFB shall become the property of the State of California and shall be regarded as public records under the California Public Records Act (Government Code Section 7920.000 et seq.), thereby subject to review by the public.

e) The State, at its discretion, reserves the right not to make an award or reject all offers, in the best interest of the State.

https://www.dgs.ca.gov/PD/Forms 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

6) Agreement Execution and Performance

a) Performance shall start not later than thirty (30) days, or on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between the Contractor’s bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

7) Insurance Requirements

Please refer to Exhibit E – Additional Provisions. 11. Insurance Requirements.

D) Preference Programs

1) Small Business Preference:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

E) Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this IFB and agreement.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

Attachment 1

Required Attachment Check List

A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned.

Attachment Attachment’s Name/Description

_____ Attachment 1 Required Attachment Check List

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Cost Sheet

_____ Attachment 4 Code of Ethics, Professional Conduct and Confidentiality Statement

_____ Attachment 5 Bidder References

_____ Attachment 6 California Disabled Veteran Business Enterprise (DVBE)

Program Requirement - Forms and Instructions

1. DGS PD 843 – DVBE Declaration

2. DGS PD 05-105 – Bidder Declaration

_____ Attachment 7 California Civil Rights Laws Certification (DGS OLS 04)

_____ Attachment 8 Darfur Contracting Act (if applicable)

_____ Attachment 9 CA DGS Approved Small Business Certification (if applicable)

_____ Attachment 10 CA DGS Approved Disabled Veteran Business Enterprise

Certificate

_____ Attachment 11 Payee Data Record (STD 204). **

_____ Attachment 12 Contractor Certification Clauses (CCC 04/2017). **

_____ GenAI GenAI Disclosure & Factsheet (Std 1000).***

** These documents are not required to be returned with the bid package, but are required upon award of the contract:

• The Payee Data Record (STD 204) can be found at:

https://www.dgs.ca.gov/PD/Forms.

• The Contractor’s Certification Clauses (CCC 04/2017) can be found at:

Services-Resources-List-Folder/Standard-Contract-Language

*** This document is required to be returned with the bid package and can be found at: https://cdt.ca.gov/technology-innovation/artificial-intelligence-community/genai-executive-order/ https://www.dgs.ca.gov/PD/Forms 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://cdt.ca.gov/technology-innovation/artificial-intelligence-community/genai-executive-order/ https://cdt.ca.gov/technology-innovation/artificial-intelligence-community/genai-executive-order/

Attachment 2

Bid/Bidder Certification Sheet

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Email:

15. Are you certified with the Department of General Services, Office of Small Business and

Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13, 14 Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

Attachment 3

Cost Sheet

The undersigned Contractor, as bidder, declares that he/she has carefully examined all documents contained or referenced within this Invitation for Bid and is familiar with all proposal requirements, and agrees, if the proposal is accepted, to complete the services as described in Exhibit A – SOW, in accordance with the Contract Documents, for the complete term of the Agreement.

Year 1 (SFY)** (12/2023 – 06/30/24)

Year 2 (SFY) (07/01/24 – 06/30/25)

Year 3 (SFY) (07/01/25 – 06/30/26)

Hourly Rate

Emergency Rate (hourly)

Average Rate/year = (Hourly Rate + Emergency Rate) / 2

*Overall Average Rate = (Year 1 Sum of Average Rate/year + Year 2 Sum of Average Rate/year + Year 3 Sum of Average Rate/year ) / 3

*The Overall Average Rate indicated above will be used solely for evaluating the cost as a fair and equitable formula to determine the lowest cost and is not binding on the SOS. However, the Hourly and Emergency Rates per year above shall be binding for the term of the Contract.

**SFY = State Fiscal Year. This represents the annual time frame beginning July 1 and ending June 30 of each year.

Please note: Should the SOS amend the awarded agreement, it will be at or below the rates identified above.

Attachment 4

Code of Ethics, Professional Conduct, and Confidentiality Statement

This Code of Ethics, Professional Conduct and Confidentiality Statement must be signed/dated and returned along with all the "required attachments" as an entire package.

All interpreters and translators utilized to perform services under this Agreement must sign and agree to uphold the following standards, prior to commencement of any service(s) to be performed:

Ethics:

1. Cultural sensitivity & courtesy: Interpreters and translators shall be culturally competent, sensitive and respectful of the individuals they serve.

2. Impartiality: Interpreter and translators shall maintain impartiality and shall not counsel, advise or project their own personal biases or beliefs. The Interpreter shall avoid distorting the message in favor of one party or the other.

3. Non-discrimination: Interpreters and translators shall always be neutral, impartial and unbiased. Interpreters/translators shall not discriminate on the basis of gender, disability, race, color, national origin, age, socio-economic or educational status or religious, political or sexual orientation.

4. Conflict of interest: Interpreters and translators shall disclose any real or perceived conflict of interest which would affect their objectivity in the delivery of services.

Providing interpretation or translation services for family members or friends may violate the individual's right to confidentiality, or constitute a conflict of interest.

5. Withdrawal: Interpreters and translators, who are unable to ethically perform in a given situation, shall refuse or withdraw from the assignment without threat or retaliation.

Professional Conduct:

1. Professional integrity: Interpreters and translators shall demonstrate professionalism and personal integrity, including:

• If the Interpreter or Translator believes he or she may have interpreted/translated inaccurately or incompletely, he or she will make this known and, if possible, provide a corrected interpretation/translation.

• If the Interpreter or Translator believes he or she is so impacted by the content to be interpreted/translated, that he or she becomes unable to interpret/translate accurately and completely, he or she shall inform the parties of their intent to withdraw without threat or retaliation.

2. Accuracy: Interpreters and translators shall render the message faithfully, conveying the content, spirit and cultural context of the original message. This means the Interpreter or Translator shall interpret everything the speaker or document says without changing the meaning, conveying what is said and how it is said, without additions, omissions or alterations, but with due consideration of the cultural context of both the sender and the receiver of the message.

3. Role boundaries: Interpreters and translators shall maintain the boundaries of their professional role, refraining from personal involvement. This does not mean that an interpreter cannot be friendly or develop a rapport with the person speaking, but does not represent personal involvement in their interpretation.

4. Self-evaluation: Interpreters and translators shall accurately and completely represent their certifications, education, training and experience.

5. Personal demeanor: Interpreters and translators shall be punctual, prepared and dressed in an appropriate manner and not distracting from the situation.

6. Inability to perform: Interpreters and translators shall assess, at all times, their ability to interpret/translate. Should interpreters or translators have any reservations about their competency to perform in any given situation, they must immediately notify the parties and offer to withdraw without threat or retaliation.

7. Professional development and training: Interpreters and translators shall make a reasonable effort to acquire ongoing development of their skills and knowledge through professional training, continuing education, and interaction with colleagues, and specialists in related fields.

8. Cultural competency: Interpreters and translators shall develop awareness of their own and other cultures in order to promote cross-cultural understanding. Interpreters and translators will strive to bridge the cultural differences between all participating parties, by seeking to minimize, and avoid potential misunderstandings based upon stereotyping and/or differing cultural practices, beliefs, or expectations. When clashing cultural beliefs or practices, a lack of linguistic equivalency, or the inability of parties to explain in their own words are encountered, the Interpreter or Translator may assist by sharing cultural information or helping develop an explanation that can understood by all.

9. Cancellation or withdrawal by client. If client cancels or withdraws any portion of the assignment, the client shall pay the Translator the portion of the fee established by the contract.

10. Client's review of translation. Upon receipt of the translation from the Translator, client shall promptly review it, and with 30 days after receipt, shall notify the Translator of any requested corrections or changes. The Translator shall correct, at no cost to the Client, any errors made by the Translator.

Confidentiality:

1. Interpreters and translators shall not divulge any information learned in the performance of professional duties. This includes any documents or other written materials.

2. Confidentiality is to be maintained in all situations, except when legally mandated to disclose information in specific situations such as child abuse, elder abuse, a persons threatening harm to him-self or her-self or others, or where the Interpreter/Translator determines to the best of their ability, that non-disclosure may result in harm.

3. Disclosure: Interpreters and translators shall not publicly discuss report, or offer an opinion concerning matters in which they are or have been engaged, even when the information is not privileged by law to be confidential.

Compliance:

Violations of the above standards may result in disqualification of an interpreter or translator and termination of the contract. The Contractor must maintain a copy of a signed Code of Ethics, Professional Conduct and Confidentiality Statement for every interpreter and/or translator performing services under this contract. The Contractor must provide a copy of the signed statement upon request by the State Agency.

I, the undersigned, do hereby certify that all interpreters and/or translators, as applicable, to be utilized to perform services under this agreement, have signed a Code of Ethics, Professional Conduct and Confidentiality statement that, at a minimum, contains the above information.

Signed By:

(Signature) (Print Name and Title)

(Date)

Attachment 5

Bidder References

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

Bidder(s) must complete Attachment 5 – Bidder References, providing a list of three (3) customers (see note below) for whom similar services have been performed within the last five (5) years, similar in scope and complexity to the services to be performed in this contract. Reference information shall include company/organization name, contact representative name and telephone number, and a description of the job(s) performed.

The description of the services performed must be detailed and comprehensive enough to permit the State to assess the similarity of the project(s) outlined in the SOW. SOS reserves the right to contact references prior to contract award. Note: If the Bidder has performed these services for the SOS within the last five (5) years, the SOS must be listed as one (1) of the references provided in Attachment 5.

REFERENCE 1 (Required) Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number:

Email:

Start and End Dates of Service Value or Cost of Service

Brief Description of Service Provided:

REFERENCE 2

Name of Firm

Street Address City State Zip Code

Email:

Start and End Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Street Address City State Zip Code

Email

Dates of Service Value or Cost of Service

Brief Description of Service Provided

Attachment 6

California Disabled Veteran Business Enterprise (DVBE) Program Requirement

The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in State contracts. The minimum DVBE participation percentage (goal) is 3% for this solicitation. Please review the DVBE program requirements and information at:

https://www.dgs.ca.gov/PD-OSDS

The offeror must complete and return all the appropriate pages in order for the bid to be considered responsive. The following two (2) forms are required to be submitted as part of the response to this IFB. The forms can be found at the listed Internet website:

1. DGS PD 843 – DVBE Declaration:

2. DGS PD-05-105 – Bidder Declaration:

The Secretary of State’s Office has waived the application of the DVBE Incentive for this solicitation. Therefore, no additional incentive points will be applied during the evaluation process of this IFB; however, bidders must still meet the minimum DVBE participation percentage (goal) of 3% for this solicitation and are required to submit the following as part of their response to this IFB: DGS PD 843 (DVBE Declarations) and GSPD- 05-105 (Bidder Declaration) for the named DVBE(s).

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

All bidders must meet the 3% goal for this solicitation; failure to submit all required forms and fully document and meet the DVBE program requirement shall be considered non-responsive.

https://www.dgs.ca.gov/PD-OSDS

Attachment 7

Darfur Contracting Act Certification

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

Attachment 8

California DGS Approved Small Business Certification

If applicable, attach a copy of valid (expiration date has not elapsed) DGS approved Small Business Certification.

Attachment 9

California DGS Approved Disabled Veteran Business Enterprise Certification

A copy of valid (expiration date has not elapsed) DGS approved Disabled Veteran Business Enterprise Certification.

F) Sample Standard Agreement (STD 213) Information

The Agreement resulting from this procurement will be prepared using the State’s Standard Agreement (STD 213 (Rev. 04/2020)) form, including all required exhibits;

Exhibits will include a copy of the awarded Contractor’s response to this IFB, other provisions as applicable and references to the General Terms and Conditions (GTC 04/2017) and this IFB document, as if attached. (See Exhibits A-E)

a. Standard Agreement (STD 213) - https://www.dgs.ca.gov/PD/Forms

b. General Terms and Conditions for non-IT service (GTC 04/2017)

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.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Exhibit A Scope of Work

A. Contract Purpose and Description

1. Contractor shall provide the Secretary of State (SOS) with Video Remote Interpretation (VRI), American Sign Language (ASL) interpreters to interpret spoken English to ASL and/or ASL to spoken English for the following:

a. Trainings - Virtual, on-site at SOS, and at other locations as needed.

b. Internal SOS meetings.

c. Public Meetings - Virtual, on-site at SOS and at other locations as needed.

d. Interpreting scripts and appearing on-screen for ASL videos at SOS as needed.

e. Other events include job candidate interviews, SOS open or promotional examinations, and other situations which require reasonable accommodation.

These services shall be provided in non-legal in-person and Video Remote Interpreting (VRI).

2. Detailed description of work to be performed and duties of all parties:

Interpreter(s) for American Sign Language (ASL) is needed for SOS employees requiring ASL services. The contractor shall provide certified ASL interpreter(s) to include interpreting spoken English into signed English and vice versa.

Interpretation services will be needed for weekly staff meetings, divisional meetings, agency-wide meetings, training, and on an as-needed basis.

Divisional and agency-wide meetings are not pre-scheduled. The SOS office shall provide a five (5) day’s notice when ASL interpretation is needed for these types of meetings. Weekly unit meetings may last up to one (1) hour. Divisional and agency-wide meetings may last up to three (3) hours. Based on industry standards, the contractor shall provide us with the appropriate number of interpreters for meetings including one (1) or more people. Interpretation services will also be needed for training of new programs, equipment, and procedures as these items get updated or if procedures change. Training will be done on a one-on-one basis or in a group setting with the SOS staff members and the trainer. Training classes may also be held with a group of people with an instructor training the group. The SOS office shall provide a five (5) day’s notice when ASL interpretation is needed. Training may last from two (2) to eight

(8) hours a day between the hours of 8:00 a.m. to 5:00 p.m. PST. If working eight

(8) hours a day, the interpreter will be permitted a one (1)-hour unpaid lunch break and provided with two (2) paid 20-minute breaks.

On an as-needed basis, SOS may utilize these services for reasonable accommodation purposes in agency-wide examinations, hiring interviews, and an interagency employee event(s)/workshop(s) conducted by SOS and/or disability advisory committees that may also require an ASL interpreter. The as-needed services may involve complex topics such as voting systems. Services may also involve confidential topics related to personal identifying information or employee-related issues. Additionally, topics may involve sensitive topics or health and safety topics, such as building evacuations, personal safety, etc.

Interpretation services may also be needed as an on-screen interpreter for ASL Voter Information video(s). This would include providing a team of two (2) interpreters working together interpreting the provided script, as well as assisting with live proofing the interpretation and echoing back the ASL in English as needed.

B. SOS Responsibilities

1. The SOS shall provide the contractor with an email notification of at least five

(5) working days, but preferably 10 working days before the assignment date with the following Work Assignment information:

a. Service Type

b. Detail Statement of the service to be provided by the Contractor

c. Dates

d. Times

e. Location

f. Number of Interpreters Needed

g. Dress Code (If applicable)

h. SOS contact staff

C. Contractor Responsibilities

1. The Contractor shall provide certified ASL interpreters for the Non-legal services listed below:

a. Video Remote Interpretation (VRI)

b. On-site

c. Offsite

2. The Contractor will provide one (1) or more ASL interpreter(s) for the SOS (see below Section E - Services Requirements for Number of Interpreter(s) Required).

3. The Contractor to provide a signed copy of Attachment 4 – Code of Ethics, Professional Conduct and Confidentiality Statement. This is written documentation to certify that contractor ensure its interpreters agree to uphold specified ethical standards and conduct and exercise an acceptable measure of discretion in maintaining confidentiality.

4. In the event the Contractor cannot provide a response and/or services to meet the State’s emergency need, the State will seek services outside of this agreement utilizing another contractor, in accordance with State contracting statutes and policies.

D. Mandatory Qualifications and Experiences

The qualifications required for each type of service are as follow; a photocopy of the qualifying certification card(s) for at least one ASL Interpreter per service type must be included in the bidder’s response. At its discretion, SOS may require resumes, additional certifications and/or reference check. A minimum of one (or more) current certifications is required for each type of service.

ASL interpreter(s) must be proficient in interpreting spoken English to ASL and ASL to spoken English. The qualifications required for non-legal in-person ASL interpreting and Video Remote Interpreting are as followed:

1. Mandatory Qualifications – Non-legal in-person ASL interpreting. Offerors must provide at least one of the following:

a. National Interpreter Certification (NIC)

b. NIC Advanced

c. NIC Master

d. National Association of the Deaf (NAD) III

e. NAD level IV

f. NAD level V

g. Registry of Interpreters for the Deaf (RID) – Comprehensive Skills

Certificate (CSC)

h. RID – Certificate of Interpretation (CI) and Certificate of Transliteration

(CT). Both Required

i. RID – Certified Deaf Interpreter (CDI)

2. Mandatory Qualifications – Non-legal Video Remote Interpreting (VRI) ASL

Interpreting. Bidder must provide at least one of the following:

a. NIC

b. NIC Advanced

c. NIC Master

d. NAD IV

e. NAD V

f. CSC

g. CI and CT. Both required

E. Services Requirements

1. Availability

The interpreter(s) must be available between the hours of 8:00 a.m. and 5:00 p.m. PST.

2. Notification

The SOS shall provide the contractor with an email notification request of at least five (5) working days, but preferably 10 working days before the assignment date.

The email notification shall consist of a detailed statement of the services requested, date, time, place location, virtual location, and criteria for the completion of the work performed.

3. Number of Interpreter(s) Required

The number of interpreters required will depend on the duration of the assignment:

a. 1-30 minutes: One interpreter.

b. 31-60 minutes: Option of one (1) or two (2) interpreters. The SOS should discuss requirements with the Contractor and determine if one or two interpreters are needed for the assignment.

c. Over 60 minutes: Two (2) interpreters are required.

4. Emergency Rate

If the SOS requires services and provides less than twenty-four (24) hours’ notice, the…