IFB_CN160025_ELAELD_Braille_Transcription_Service.pdf

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Invitation for Bid (IFB)

California Department of Education Curriculum Frameworks & Instructional Resources

ELA/ELD Braille Transcription Service IFB Number CN160025

Bid Due Date: May 4, 2016 at 2:00 p.m.

Public Bid Opening: May 9, 2016 at 9:30 a.m.

Contract Period: July 1, 2016 through June 30, 2017

One-Year Option to Renew: July 1, 2017 through June 30, 2018 ii

TABLE OF CONTENTS

GENERAL INFORMATION

I. Purpose II. Eligible Bidders III. IFB Documents IV. Bid Documents as Public Record V. Questions and Clarification VI. Bid Submission VII. IFB Schedule VIII. Disabled Veteran Business Enterprise (DVBE) Participation Goals IX. DVBE Incentive Option 6 X. Target Area Contract Preference (TACPA) XI. Basis of Award XII. Options to Renew XIII. Contract Award Protest Procedures

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. Invoicing and Payment II. Budget Contingency Clause III. Payment

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

I. Resolution of Disputes II. Loss Leader

EXHIBIT E – ADDITIONAL PROVISIONS

I. Right to Terminate II. Contracts Funded by the Federal Government III. Computer Software Copyright Compliance IV. Certificate of Insurance Requirements V. Workers’ Compensation VI. Amendments VII. Option to Renew

EXHIBIT F –TRANSCRIBER’S NOTES TEMPLATE

EXHIBIT G –TITLE PAGE TEMPLATE

EXHIBIT H –GRAPHICS TALLY SHEET TEMPLATE

EXHIBIT I – PROOFER’S NOTES TEMPLATE

EXHIBIT J – BRAILLE FILE TEMPLATE

ATTACHED FORMS

Attachment 1 – Small Business Preference Sheet Attachment 2 – Contractor Certification Clauses (CCC-307) Attachment 3 – Protest Procedures for IFBs Attachment 4 – Payee Data Record (Std. 204) Attachment 5 – Certification of Workers’ Compensation Insurance Attachment 6 – Darfur Contracting Act Certification Attachment 7 – Darfur Contracting Act Certification Supplemental Attachment 8 – List of Software Attachment 9 – Required Attachment Checklist

CN160025

GENERAL INFORMATION

I. PURPOSE:

The California Department of Education (hereinafter referred to as CDE) is soliciting bids from potential bidders to provide English Language Arts/English Language Development (ELA/ELD) Braille Transcription Services, in accordance with the specifications contained herein this Invitation for Bid (IFB). The contract period is from July 1, 2016 through June 30, 2017. This contract includes a one-year option to renew.

II. ELIGIBLE BIDDERS:

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State). With the exception of bidders whose legal status precludes incorporation (i.e. public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

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

III. IFB DOCUMENTS:

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Laurie Garcia, Lgarcia@cde.ca.gov, (916) 319-0964. The CDE reserves the right to rephrase or not answer any question submitted.

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

The CDE reserves the right to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specifications if awarded the contract.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Laurie Oineza, Contract Analyst by phone at (916) 445-6804 or by e-mail at LOineza@cde.ca.gov.

IV. BID DOCUMENTS AS PUBLIC RECORD:

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

mailto:Lgarcia@cde.ca.gov mailto:LOineza@cde.ca.gov

V. QUESTIONS AND CLARIFICATIONS

Bidders may submit questions, requests for clarification, concerns, and/or comments (hereinafter referred to collectively as “questions”) regarding this IFB. All questions must be submitted in writing. The bidder must include their name, e-mail address, and telephone number with its submission of questions. The bidder should specify the relevant section and page number of the IFB for each question submitted. Questions must be received by 2:00 pm PDT/PST on Wednesday, April 20, 2016. CDE will post the questions and answers on the Cal eProcure advertisement and e-mail the questions and answers to everyone who has submitted a question by Wednesday, April 27, 2016 (tentative). At its discretion, the CDE may respond to questions that are submitted late or not in proper form.

The CDE reserves the right to rephrase or not answer any question submitted.

All questions must be submitted either by e-mail to LGarcia@cde.ca.gov or by facsimile to

(916) 319-0172.

VI. BID SUBMISSION:

Each bidder shall submit to the CDE a sealed bid meeting the specifications described in this IFB.

Bidders are required to return two copies of their bid;

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

2. One (1) copy of the bid documents.

The bid shall be returned in a sealed envelope marked “SEALED BID – ELA/ELD SERVICES – DO NOT OPEN.” To prevent premature opening, place sealed bid envelope within an envelope addressed as follows:

Personnel Services Division

Attention: Laurie Oineza 1430 N Street, Suite 1802 Sacramento, CA 95814

SEALED BID – ELA/ELD SERVICES – DO NOT OPEN

The deadline for submission of sealed bids is Wednesday, May 4, 2016 at 2:00 p.m.

The bids will be publicly opened and read on Monday, May 9, 2016 at 9:30 a.m.

at Personnel Services Division, 1430 N Street, Room 1801, Sacramento, CA 95814.

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

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

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

mailto:LGarcia@cde.ca.gov

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

Bids shall not be qualified. Any bid response modifying the conditions of the IFB will be rejected. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

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

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

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

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

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

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

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

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

The bid package must include the following required forms:

Exhibit B.1 - Contractor's Bid Form must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Bid must contain the proposed bid cost per Publisher. Proposed bid cost must include all direct or indirect expenses incidental to providing the services described, including all applicable taxes.

The form must contain the proposed bid cost for each specified Publisher.

Exhibit B.2 - Contractor's Bid Form must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Bid must contain the proposed bid cost per Publisher. Proposed bid cost must include all direct or indirect expenses incidental to providing the services described, including all applicable taxes.

The form must contain the proposed bid cost for each specified Publisher.

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

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source)

Certifications: The bidder’s Transcriber(s) and Proofreader(s) to be used in fulfillment of this contract must have all of the following certifications and a copy of each certification must be attached for each Transcriber(s) and Proofreader(s):

Transcriber(s) Certifications:

1. Nemeth Braille Transcribing Certification issued by the Library of Congress/National

Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

2. Literary Braille Transcribing Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

3. Letter of Proficiency from the National Library Service in Unified English Braille (UEB).

If the Transcriber and/or Proofreader has not yet received the UEB Letter of Proficiency, the bidder must include proof of registration/wait list and provide the certification upon completion.

Proofreader(s) Certifications:

1. Nemeth Braille Proofreading Certification issued by the Library of Congress/National

Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

2. Literary Braille Proofreading Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

3. Letter of Proficiency from the National Library Service in Unified English Braille (UEB).

If the Transcriber and/or Proofreader has not yet received the UEB Letter of Proficiency, the bidder must include proof of registration/wait list and provide the certification upon completion.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf

Insurance: The bidder must possess and provide a copy of the insurance certificates outlined in Exhibit E, Article IV. and V. Proof of coverage and limits are required in the bid package. Additional insured language will be required as a condition of contract award.

Attachment 1 – Small Business Preference Sheet must be completed. For the small business preference to be applied, the Contractor must submit a certification print out from the OSDS website.

The California State Department of Office of Small Business and DVBE Services (OSDS) certified small business bidders shall be granted a preference consisting of five percent (5%) of the lowest responsive/responsible bid submitted by a bidder who is not certified by the OSDS as a small business. If you are an OSDS certified small business and are claiming the preference, you must submit a print out from the OSDS website with your bid response. Failure to submit a copy of your OSDS print out for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid.

Attachment 2 – Contractor Certification Clauses (CCC-307) must be signed and dated with an original signature.

Attachment 4 – Payee Data Record (Std. 204) must be fully completed and dated with an original signature.

Attachment 5 – Certification of Workers’ Compensation Insurance must be signed and dated with an original signature.

Attachment 6 – Darfur Contracting Act Certification OR Attachment 7 – Darfur Contracting Act Certification Supplemental must be signed and dated with an original signature.

Attachment 8 – List of Software: must be completed, signed and dated with an original signature.

Attachment 9– Required Attachment Checklist must be fully completed and submitted as the cover of your bid package.

Attachment 10 – Additional Set must be submitted, which includes all required IFB attachments listed above. See section VI. BID SUBMISSION.

VII. IFB SCHEDULE:

Activity Action Date

Invitation for Bid Advertisement APRIL 13, 2016

Questions Due to CDE APRIL 20, 2016 at 2:00 pm

CDE Response (Tentative) APRIL 27, 2016 at 2:00 pm

Bids Due MAY 4, 2016 at 2:00 pm

Public Bid Opening MAY 9, 2016 at 9:30 am

Contract Start date JULY 1, 2016

VIII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION GOALS:

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

CDE WILL NOT require DVBE participation for this contract.

IX. DVBE INCENTIVE OPTION:

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

Confirmed DVBE Participation of: DVBE Incentive:

100% (prime contractor) 5% Over 3% 4% 3% 3%

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

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source). When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

X. TARGET AREA CONTRACT PREFRENCE (TACPA)

Preference will be granted to California-based Contractors in accordance with Government Code Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract Preferences Act shall complete Std. Form 830 and submit it with the bid package. Refer to the following website link to obtain the appropriate form:

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

Bidders desiring to claim this preference must review the instructions and complete the appropriate form.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

XI. BASIS OF AWARD:

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

The contract shall be awarded on the basis of the responsive / responsible bidder submitting the lowest bid cost for each of the given Publishers. The CDE reserves the right to award multiple contracts as a result of this IFB.

Charges for the contractor’s operating expenses such as: transportation, fuel, parking, equipment rental, taxes, shipping, delivery, materials, and/or any other overhead expenses must be included as part of the bidder’s rates.

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

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

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

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

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

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

XII. OPTION TO RENEW:

This contract will expire on JUNE 30, 2017; however, the CDE may exercise the option to renew the contract for one additional one-year agreement.

Costs for the one-year option to renew (JULY 1, 2017 – JUNE 30, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period JULY 1, 2017 – JUNE 30, 2018. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in JANUARY 2017.

XIII. CONTRACT AWARD PROTEST PROCEDURES:

If prior to the award, any bidder files a protest with the agency against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the Invitation for Bid, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS) has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 3 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services California Department of Education Office of Legal Services Contracts Office ATTN: Protest Coordinator ATTN: Sueshil Chandra, Contract Officer 707 3rd Street 1430 N Street, Suite 1802 West Sacramento, CA 95605 Sacramento, CA 95814

FAX: (916) 376-5088 FAX: (916) 319-0124

EXHIBIT A

SCOPE OF WORK

I. GENERAL SCOPE:

The Contractor shall provide all labor materials and equipment necessary to provide formatting, transcription, proofing, creating tactiles services to produce braille versions for state adopted instructional materials for English Language Arts/English Language Development (ELA/ELD), for the California Department of Education (CDE), Curriculum Frameworks & Instructional Resources Division (CFRID), as described herein.

II. PROJECT MONITORS:

The CDE assigns Laurie Garcia, (916) 319-0964, lgarcia@cde.ca.gov, as state project monitor to oversee this project. Said monitor is not authorized by the state to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

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

III. REQUIREMENTS AND CERTIFICATIONS:

The Contractor will provide transcription services that include all four services:

formatting, graphic artist (tactiles), transcription, and proofing services for ELA/ELD adopted instructional materials and other approved materials as requested by the CDE Contract Monitor. The Contractor must be able to provide all four services;

however, all services may not be required at one time. New transcriptions must be transcribed by certified transcribers who are knowledgeable in the new Unified English Braille (UEB) format.

Any edits and corrections that are found by other Contractors, embossers, or customers will need to be fixed to satisfactory and emboss-ready format, at no additional cost to CDE. If substantial errors are found, CDE will assign to an independent second proofreader, at the contractor’s cost. All materials that are appropriate for production in braille shall be transcribed in accordance with the following braille transcription guidelines:

Braille Association of North America (BANA) Braille Codes Updates, especially

UEB guidelines

Braille Formats: Principles of Print to Braille Transcription, 2011

Guidelines and Standards for Tactile Graphics, 2010 (web edition 2012) Promising Practices for Transcribing Early Literacy Textbooks Kindergarten, First, Second and Third Grades, (currently under revision) mailto:lgarcia@cde.ca.gov

The Contractor has the responsibility to know and use any published revisions regarding the above publications and must be trained and certified in UEB transcription.

All materials used, or created, in the production of any ELA/ELD braille transcription services outlined in this Scope of Work are protected by copyright laws. The Contractor is prohibited from using, distributing or selling any part of the instructional materials (electronic and/or hard copies) at any stage during the transcription process for any use other than to carry out the services outlined in this Scope of Work. Any improper use will be considered a breach of contract and will be grounds for termination of said contract. Should the Contractor engage in any of the activities outlined in this article, Contractor will forfeit any future contracting opportunities for same or similar services.

The Contractor and its proofreaders and/or Transcribers must be certified by the Library of Congress. The Contractor will provide the CDE with copies of each Proofreader(s) and/or Transcriber(s) certification, prior to service. The bidder’s Transcriber(s) and Proofreader(s) to be used in fulfillment of this contract must have all of the following certifications.

Transcriber(s) Certifications:

Nemeth Braille Transcribing Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

Literary Braille Transcribing Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

Letter of Proficiency from the National Library Service in Unified English Braille (UEB). If the Transcriber and/or Proofreader has not yet received the UEB Letter of Proficiency, the bidder must include proof of registration/wait list and provide the certification upon completion.

Proofreader(s) Certifications:

Nemeth Braille Proofreading Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

Literary Braille Proofreading Certification issued by the Library of Congress/National Federation for the Blind, or National Braille Institution (which is equivalent to the Library of Congress).

AND

Letter of Proficiency from the National Library Service in Unified English Braille (UEB). If the Transcriber and/or Proofreader has not yet received the UEB Letter of Proficiency, the bidder must include proof of registration/wait list and provide the certification upon completion.

Should a new Proofreader(s) and/or Transcriber(s) be hired, a copy of his/her certification must be provided to the CDE before the said Proofreader(s) and/or Transcriber(s) performs any service outlined in this Scope of Work. The CDE will verify that only Proofreaders and/or Transcribers with a Library of Congress certification on file will be allowed to perform services for the CDE in relation to this contract. The Graphic Artist(s) should be familiar with the BANA guidelines for transcription, formatting, and tactile guidelines. The Graphic Artist(s) must be certified in by the Library of Congress if they perform any braille transcription on the graphic(s).

IV. TRANSCRIPTION SERVICES:

1. The CDE is required to transcribe ELA/ELD titles requested by school districts. There are currently seven different publishers, each with a different amount of titles. The seven publishers and number of ELA/ELD titles includes:

a. Amplify Education, Inc. (64 Titles)

b. Benchmark Education Company (860 Titles)

c. Houghton Mifflin Harcourt (290 Titles)

d. McGraw-Hill (2,450 Titles)

e. National Geographic-Cengage (1,685 Titles)

f. Pearson Education Inc. (27 Titles)

g. Scholastic, Inc. (109 Titles)

2. Transcription services to include:

Contractor will provide Braille Transcription Services for ELA/ELD Instructional Materials. The Contractor shall provide all necessary work to transcribe ELA/ELD instructional materials into braille on an as-needed basis. The CDE receives requests from school districts and are obligated to get the title transcribed and sent to the school districts. CDE will set the due date per assignment. It would be the Contractor’s duties to make sure that all services are done in a timely manner in order to meet the CDE due date. The general timeframe is 30 to 90 calendar days per assignment, depending on length of instructional material.

V. GLOSSARY OF TERMS:

1. BANA Formats: Braille Association of North American (BANA) is an association which publishes rules and guidelines pertaining to the standardization of braille in all existing and future codes for braille transcription and tactile graphic

2. Braille file: A completed text in an electronic file that can be printed out in braille (e.g. in .abt or .brf extensions)

3. NIMAS file: (National Instructional Materials Accessibility Standard) Publisher file sent to the National Instructional Materials Accessibility Center repository and converted into a file in which alternate formats can be created.

4. Formatted RTF file: A textbook from the publisher in rich text file format.

5. Braille Transcription: A Braille version of text

6. Tactile: A tactile graphic is a representation of a print graphic designed in a manner that is the most meaningful to the reader.

7. Contracted Braille: also known as Grade Two Braille, using standard shortened characters for common words and/or phrases.

8. Uncontracted Braille: also known as Grade One Braille, using letter for letter braille.

9. Interpoint: Dual-sided Braille, using both sides of the Braille paper to condense the number of volumes needed to complete the book.

10. Title Page: A word document that must be created by transcriber in text which contain information in each volume, for sighted instructors. Each title page should contain: title of book, ISBN, volume number and the print pages that the volume contains in braille, etc.

(see Exhibit F) This document must be done in Arial 12 point font.

11. Volumes: Braille and tactile files will be sectioned by volumes. Volumes of braille will be divided into no more than 75 braille pages. A new volume must start at the beginning of a chapter.

12. Preliminary volume(s): Also known as front matter, which is all print information at the front of the book to include copyright information, author, and table of contents.

If front matter is more than 75 Braille pages, a separate preliminary volume should be created and saved as such.

13. Supplemental volume(s): Also known as back matter: the information at the back of the book to include index, glossary, and other appendices, all labeled as supplemental volumes. If back matter is more than 75 Braille pages, a separate supplemental volume should be created and saved as such.

14. Transcribers notes (TN): A word document template that the transcriber fills out to provide notes when the Braille does not match the text. Such as explaining the picture in text for the teacher that would be better understood rather than a tactile graphic.

15. Graphic Tally sheet: A word document template that the graphic artist (tactilist) fills out to account for all graphics, pictures, charts, diagrams, maps and all other visual arts that need to be recorded for the embosser.

16. Proofer Notes: A word document template that the proofer completes to document any notes, edits and/or recommended corrections to either formatting, tactiles or transcription.

17. Special Symbol page: A word document that describes the special symbols that the transcriber used this includes all contracted Braille short codes as well as punctuation specific to the subject matter.

VI. FORMATTER RESPONSIBILITIES:

The Contractor’s Formatter will be responsible for formatting assigned books and provide written instructions for transcription services. The Formatter verifies the transcription and tactiles are prepared and formatted as instructed by the Formatter.

The Formatter cannot be the same person as the Proofer.

Formatter will:

1. Receive a print copy of the book or PDF file from CDE for formatting instructions.

2. Provide instructions to the Transcriber, Graphic Artist and Proofer.

3. Review the completed braille volumes from the Transcriber and Graphic Artist to ensure that the Formatter’s instructions were followed. If changes need to be made, the Formatter should advise the Transcriber and Graphic Artist and review final completed braille file to ensure changes were made accurately.

VII. TRANSCRIBER RESPONSIBILITIES:

The Transcriber will produce braille for each project assigned by the CDE Contract Monitor.

CDE shall provide the Contractor a rich text file (rtf) or national instructional materials accessibility standard (nimas) file and a print copy or PDF file for each assignment. The Transcriber works collaboratively with the Formatter, Graphic Artist, and Proofer to ensure that the project is done accurately and satisfactorily and in accordance to the BANA guidelines.

The Transcriber cannot be the same person as the Proofer.

Transcriber will:

1. Transcribe the text according to Formatter’s instructions.

a. Use commercial computer software to transcribe materials (e.g., Braille 2000 or Duxbury)

b. Transcribe in contracted braille, or Grade Two Braille, using standard shortened characters for common words and/or phrases. Unless BANA guidelines supersedes this rule and uncontracted braille is required. These files should be transcribed using the new UEB format.

c. Number all volumes (including preliminary or supplemental) consecutively in sequence.

(13-digit ISBN brl VOL 01.abt). If there is a preliminary or supplemental volume it should be named as such (13-digit ISBN brl PRE 01.abt or SUP 01.abt).

d. Volumes should contain no more than 75 print pages. New volumes must begin at the start of a chapter.

e. Braille should be created in interpoint (on both sides of braille paper), unless requested in single-sided and BANA guidelines require single-sided braille .

2. Create, using a word document program, the Transcriber notes (see Exhibit F) and Title Pages (See Exhibit G) for each volume and Special Symbol page (if needed).

3. Receive electronic tactile(s) from Graphic Artist and insert tactile in transcription file as instructed in Formatter’s notes.

4. Transcriber shall review completed braille volumes before submitting to Formatter and Proofer.

5. Send the transcribed volume(s) to the Formatter to review.

6. Make corrections from Formatter (if any) and send to Proofer.

7. Send the transcribed volume(s) to the Proofer to proof (Proofer will make recommended edits and corrections on proofer notes and return for Transcriber for review).

8. Transcriber must respond to proofer notes’ edits and corrections, (i.e. fixed or do not agree with recommendations with a reasoning) and submit back to Proofer. Make all necessary corrections from Proofer’s Notes. Sign and verify that corrections were made.

9. Complete Braille File Information form (See Exhibit J).

10. Once verified by Formatter and Proofer, the Transcriber will save the completed files

(braille, tactiles, TN, TP, and other documents) onto a CD, DVD, e-mail attachment or through CDE’s electronic FTP site to the CDE Contract Monitor, along with the necessary forms and invoice, as a completed assignment.

VIII. PROOFER RESPONSIBILITIES:

The Proofer shall review the braille files for formatting accuracy, tactile accuracy, correct placing, and transcription accuracy and correctness.

The Proofer cannot be the same person as the Formatter, Transcriber, or Graphic Artist.

Proofer will:

1. Receive one print copy of the original book from Transcriber for proofing assignment

2. Receive one copy of the written Formatter’s instructions and marked up copy of the instructional material from the Formatter.

3. Receive completed braille and tactile volumes from Transcriber and Graphic Artist for proofing and using proofer notes template form (See Exhibit I), note any errors for edits and corrections and submit to Transcriber.

4. Work with the Transcriber and Graphic Artist to resolve any discrepancies, if the

Transcriber does not agree with edits and corrections.

5. Verify that the agreed upon edits and corrections in the Proofer’s Notes are completed by the Transcriber by reviewing the corrected braille volumes.

6. Send the signed and verified completed Proofer’s Notes to Transcriber. Transcriber will submit signed and completed Proofer’s Notes form along with the completed assignment and invoice to CDE’s Contract Monitor for payment.

IX. GRAPHIC ARTIST (TACTILIST) RESPONSIBILITIES:

The individual creating tactiles will be known as a Graphic Artist. Tactiles should be created electronically (software examples are: CorelDraw, Adobe Illustrator, or Microsoft Word) so that it can be incorporated into the braille file. Puff paper or collage tactiles are no longer acceptable due to its lack of durability and short shelf life.

Not all graphics or pictures in an assigned instructional material will be transcribed by the Graphic Artist. The Graphic Artist shall confer with the Formatter, and will be responsible for deciding which graphics are transcribed and which are not. A tactile should be created if the picture or graphics are required for educational purposes. However, if a picture is omitted, a description or captions should be provided for each omitted picture on the transcriber notes.

The Graphic Artist may not be the same person as the Proofer.

Graphic Artist will:

1. Review the Formatter’s mark-up instructions to determine if a tactile will need to be created.

a. I f there are any discrepancies or disagreement on the Formatter’s instructions, the

Graphic Artist will need to work with the Formatter to resolve.

2. Create the tactile(s) in the size required by the Formatter.

3. Work with Transcriber to provide braille for internal words, caption(s) for the tactile(s), and estimate of space required for completed tactiles of one-half page or more. A simple phrase, such as, picture was omitted or ask teacher for help will not be accepted.

4. Send an electronic copy and a copy of the Graphics Tally Sheet (See Exhibit H) to the proofer for proofing for accuracy and completeness.

a. I f Proofer has any edits and corrections, Graphics Artist will need to work with the

Transcriber and proofer to resolve.

5. Save and send the completed electronic tactiles and the Graphics Tally Sheet to the Transcriber for insertion by volume. Transcriber will insert electronic file in the space reserved for the electronic tactile.

6. Electronic tactile files must be saved by volumes consecutively and in sequence. (For

Example: 13-digit ISBN tac VOL 01.abt)

7. When project is done, send Graphics Tally Sheet to the Transcriber so that it can be included with the final complete braille file and be submitted for payment.

X. COMPUTER FILES:

1. Contractor will provide all files on a CD, DVD, e-mail attachment, or using the CDE’s FTP site, for all assigned completed materials, with CDE Contract Monitor approval. All electronic data files resulting from the production of braille are the property of the State of California and cannot be duplicated or used for profit and shall be forwarded to the CDE upon completion of assignment.

2. If the CDE Contract Monitor requires files to be sent via mail, Contractor must Identify and label the face of the CD/DVD by ISBN and title of the book. Label with UEB to indicate that these files are transcribed following the new UEB format.

3. Completed Assignments should be saved in a folder labeled as ISBN only. The folder will contain:

a. Folder labeled Braille files and it should include every volume for the assignment (13-digit ISBN brl Vol. 01.abt)

b. Folder labeled Tactile files, (if applicable) and it should include tactiles that were created for this assignment (13 digit ISBN tac Vol. 01.doc)

c. Folder labeled Transcribers Notes and Title Pages which should contain Transcribers Notes (See Exhibit F) and Title Pages (See Exhibit G) (13-digit ISBN TN Vol.01.doc) and (13-digit ISBN TP Vol. 01.doc)

d. Folder labeled Graphics Tally containing any graphic tally Sheets (See Exhibit H)

e. Folder labeled Proofer’s Notes containing the proofers notes (See Exhibit I)

f. Folder labeled Braille File Information containing the excel spreadsheet of the braille files information sheet (See Exhibit J)

4. Submit the completed assignment to the CDE Contract Monitor along with the invoice by the assigned due date.

XI. BRAILLE SOFTWARE:

All materials (Braille and tactiles specified herein) submitted should be created on widely-used software and must be able to be reviewed using Braille 2000. If CDE, or any of CDE’s clients and/or contractor’s, are not able to view any materials and or files provided by the contractor, CDE reserves the right to request the Contractor to replace their Braille software with one that is viewable by the CDE, at no additional cost to the CDE.

XII. TIMELINE:

Each assignment will have a due date, which will be scheduled by the CDE Contract Monitor. The majority of the assignments will have 30 to 90 business days for completion. Timelines may vary due to the number of pages per book. Timelines may be extended or revised by CDE Contract Monitor, or upon written request by the Contractor. It is the sole discretion of the CDE Contract Monitor to approve/disapprove such requests.

XIII. INVOICES:

Contractor should invoice for work completed per the bid rate in EX. B, Budget.

Invoices must include the following information:

1. Task Assignment Number/Purchase Order Number

2. Total Amount of Invoice

3. Service dates (assignment start and end dates)

4. Number per print page

5. Publisher

6. Title

7. Name of Transcriber, Proofer, Graphic Artist

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT:

For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this agreement.

The unit rate bid cost shall include all costs, wages, benefits, allowances, materials, equipment, and Contractor’s expenses incurred in the performance hereof.

Invoices shall include the Agreement Number CN160025 and shall be submitted in arrears, not more frequently than monthly in duplicate to the appropriate sites representative:

Curriculum Frameworks and Instructional Materials

Attn: Laurie Garcia 1430 N Street, Suite 3207

II. BUDGET CONTINGENCY CLAUSE:

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the

State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT:

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT B.1

CONTRACTOR’S BID FORM

ELA/ELD Transcription Services

CN160025

Contract Period: July 1, 2016 – June 30, 2017

The undersigned contractor hereby proposes to furnish all labor, personnel, material, and equipment necessary to perform all the work required and necessary to perform for transcription services for ELA/ELD for the California Department of Education, Curriculum Frameworks and Instructional Resources Division, in accordance with the Terms and Conditions contained herein at the following rate below. The contractor has the responsibility to know and reference the California Education Code when bidding, see EC §60061:

(a) A publisher or manufacturer shall do all of the following:

(1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those instructional materials for adoption or sale to any state or school district in the United States.

(2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made elsewhere in the United States.

The bid cost noted below is based on per print page per publisher.

PUBLISHER #1 Per print page*

Amplify Education, Inc. (64 Titles)

PUBLISHER #2 Per print page*

Benchmark Education Company (860 Titles)

PUBLISHER #3 Per print page*

Houghton Mifflin Harcourt (290 Titles)

PUBLISHER #4 Per print page*

McGraw-Hill (2,450 Titles)

PUBLISHER #5 Per print page*

National Geographic-Cengage (1,685 Titles)

PUBLISHER #6 Per print page*

Pearson Education, Inc. (27 Titles)

PUBLISHER #7 Per print page*

Scholastic, Inc. (109 Titles)

Rates shall include all of the contractor’s operating cost. CDE will not pay for any blank pages or shipping costs.

*”Per print page” refers to the number of pages in the original instructional material.

An unsigned bid form will result in disqualification.

Company Name:

Address:

City: State: Zip:

Signature: Date:

Print Name/Title: ______________________________________ ____________________________

Email:

Phone Number: ( ) Federal ID #:

Questions regarding completion of this form should be brought to the attention of:

Laurie Garcia (916) 319-0964, LGarcia@cde.ca.gov

EXHIBIT B.2

CONTRACTOR’S BID FORM

ELA/ELD Transcription Services

CN160025

OPTION TO RENEW: Contract Period: July 1, 2017 – June 30, 2018

The undersigned contractor hereby proposes to furnish all labor, personnel, material, and equipment necessary to perform all the work required and necessary to perform for transcription services for ELA/ELD for the California Department of Education, Curriculum Frameworks and Instructional Resources Division, in accordance with the Terms and Conditions contained herein at the following rate below. The contractor has the responsibility to know and reference the California Education Code when bidding, see EC §60061:

(a) A publisher or manufacturer shall do all of the following:

(1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those instructional materials for adoption or sale to any state or school district in the United States.

(2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made elsewhere in the United States.

The bid cost noted below is based on per print page per publisher.

PUBLISHER #1 Per print page*

Amplify Education, Inc. (64 Titles)

PUBLISHER #2 Per print page*

Benchmark Education Company (860 Titles)

PUBLISHER #3 Per print page*

Houghton Mifflin Harcourt (290 Titles)

PUBLISHER #4 Per print page*

McGraw-Hill (2450 Titles)

PUBLISHER #5 Per print page*

National Geographic-Cengage (1685 Titles)

PUBLISHER #6 Per print page*

Pearson Education, Inc. (27 Titles)

PUBLISHER #7 Per print page*

Scholastic, Inc. (109 Titles)

Rates shall include all of the contractor’s operating cost. CDE will not pay for any blank pages or shipping costs.

*”Per print page” refers to the number of pages in the original instructional material.

An unsigned bid form will result in disqualification.

Company Name:

Address:

City: State: Zip:

Signature: Date:

Print Name/Title: ______________________________________ ____________________________

Email:

Phone Number: ( ) Federal ID #:

Questions regarding completion of this form should be brought to the attention of:

Laurie Garcia (916) 319-0964, LGarcia@cde.ca.gov

EXHIBIT C

GENERAL TERMS AND CONDITIONS

GTC 610 will be incorporated by reference and made part of this Agreement. The GTC 610 document can be viewed at: http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/ols/GTC-610.doc

EXHIBIT D

SPECIAL TERMS & CONDITIONS

I. RESOLUTION OF DISPUTES:

If the contractor disputes any action by the project monitor arising under or out of the performance of this contract, the contractor shall notify the project monitor of the dispute in writing and request a claims decision. The project monitor shall issue a decision within 30 days of the contractor's notice. If the contractor disagrees with the project monitor's claims decision, the contractor shall submit a formal claim to the Superintendent of Public Instruction or the Superintendent's designee. The decision of the Superintendent shall be final and conclusive on the claim unless the decision is arbitrary, capricious, or grossly erroneous or if any determination of fact is unsupported by substantial evidence. The decision may encompass facts, interpretations of the contract, and determinations or applications of law. The decision shall be in writing following an opportunity for the contractor to present oral or documentary evidence and arguments in support of the claim. Contractor shall continue with the responsibilities under this Agreement during any dispute.

II. 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.

EXHIBIT E

ADDITIONAL PROVISIONS

I. RIGHT TO TERMINATE:

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract.