IFB_Translation_Services_CN160008.pdf

i

Invitation for Bid (IFB)

California Department of Education Curriculum Frameworks and Instructional Resources

Division

Translation Services IFB Number CN160008

Bid Due Date: April 22, 2016 at 2:00 p.m.

Public Bid Opening: April 26, 2016 at 2:00 p.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. Bidders’ Requirement ..................................................................................... 1-3 IV. Subcontracting V. IFB Documents VI. Bid Documents as Public Record VII. Questions and Clarification VIII. Bid Submission .............................................................................................. 4-7 IX. IFB Schedule X. Disabled Veteran Business Enterprise (DVBE) Participation Goals XI. DVBE Incentive Option .................................................................................. 7-8 XII. TACPA Area Contract Preference (TACPA) XIII. Basis of Award ............................................................................................... 8-9 XIV. Option to Renew XV. Contract Award Protest Procedures

EXHIBIT A – SCOPE OF WORK .......................................................................... 10-18

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS ......................... 19-20

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

EXHIBIT B.1 – CONTRACTOR’S BID FORM ....................................................... 21-22 EXHIBIT B.2 – CONTRACTOR’S BID FORM ...................................................... 23-24

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

I. Resolution of Disputes II. Loss Leader

EXHIBIT E – ADDITIONAL PROVISIONS ............................................................ 27-29 I. Right to Terminate II. Contracts Funded by the Federal Government III. Computer Software Copyright Compliance IV. Workers’ Compensation V. Material Developed Under the Terms of This Agreement VI. Ownership of Translation Materials VII. Amendments VIII. Option to Renew

EXHIBIT F – ASSIGNMENT FORMS .................................................................... 30-31

ATTACHED FORMS

Attachment 1 – Small Business Preference Sheet Attachment 2 – Contractor Certification Clauses (CCC-307) ................................. 33-36 Attachment 3 – Protest Procedures for IFBs Attachment 4 – Payee Data Record (Std. 204) ..................................................... 38-39 Attachment 5 – Certification of Workers’ Compensation Insurance Attachment 6 – Darfur Contracting Act Certification Attachment 7 – Darfur Contracting Act Certification Supplemental iii

Attachment 8 – Bidder References Attachment 9 – Bidder Certification ........................................................................ 44-48 Attachment 10 – Required Attachment Checklist

GENERAL INFORMATION

I. PURPOSE:

The California Department of Education (hereinafter referred to as CDE) is soliciting bids from potential bidders to provide qualified translation services on an as needed basis for the CDE’s Clearinghouse for Multilingual Documents (CMD), Curriculum Frameworks and Instructional Resources Division, 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.

The CMD is a Web-based service created to provide to school districts translations of parental information templates. Finalized translations will be made available through the CMD so that school district users can access them, download them and modify them to include local information (e.g., local contact information, local school board policy information). The CMD assists schools in implementing the requirement for parental communication as stipulated in state and federal laws.

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.

Bidders who are currently in contract with the CDE for the Translation Review Services IFB may not submit a bid for the Translation Services IFB.

III. BIDDERS’ REQUIREMENT:

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

If awarded the contract, bidders must ensure that only qualified translators are used for translation services for the CDE. The Contractors will be held responsible for the quality and accuracy of all translations and for their commitment to qualification requirements for translators and proofreaders/editors who work on CDE assignments. Translators who work on CDE assignments must have five years of professional experience as a translator, including a minimum of two years of experience in translating educational documents.

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

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.

In submitting a bid for this IFB, bidders provide the following information on Attachment 8

– Bidder References, and Attachment 9 – Bidder Certification:

1) Attachment 8 – Bidder References:

a) Names and addresses of at least two (no more than five) specific agencies for which the bidder has provided translation services.

i) At least one must be a state department of education within the United

States of America (USA).

ii) The second reference must be either

(1) a large school, school district, or county office of education in the USA; or

(2) a non-educational state agency in the USA.

b) For each agency cited as a reference, the bidder must provide:

i) Contact name and phone number.

ii) Bidder must identify the titles or the topics of the documents translated by the bidder for each agency listed as well as the language(s) into which the documents were translated.

c) Only bidders who have the required experience in the translation of educational materials for the agencies identified above should respond to this IFB. References that prove to be negative, or which prove to be inaccurate as cited in a bid, will result in disqualification of the bid by the

CDE.

2) Attachment 9 — Bidder Certification:

a) Written certification that for Group A and B languages (see Exhibit A. Article

VIII. Item 3.), the bidder will use only USA-resident translators and proofreaders for this contract and that they will be familiar with idioms, educational terms, and titles in USA and California education.

b) The bidders must certify that each translator who works on CDE assignments for a Group A and B language will possess at least five years of professional experience as a translator, including at least two years of experience in translating educational documents.

c) The bidders must certify that each translator and proofreader used by the

Contractor to fulfill any and all assignments from the CDE for language Group A and B will be native speakers in the target language (i.e., translators will always translate into their alpha language, and proofreaders will proof translations in their alpha language).

d) The bidders must certify that the translator who works on an assignment from the CDE for language Group A and B possesses a college degree, at least at the undergraduate level. The CDE reserves the right to require that a bidder provide verification of translators’ degrees; the bidder must provide the verification within the time frame stipulated by the CDE at the time of the request.

e) The bidders must certify that the proofreader who works on an assignment from the CDE for language Group A and B possesses a high level of knowledge, training, and experience to competently perform the services required in Exhibit A, Section VIII, Items 1, 2, and 3.

f) The bidders must list the translators and proofreaders who will be used for

CDE assignments for language Group A and B; the list must include the city and state of their residences, and must certify that all translators and proofreaders listed are employees of the bidder, or under contract with the bidder at the time that the bidder signs their bid.

IV. SUBCONTRACTING:

Translators and proofreaders must be employees of the bidder, or under contract with the bidder (at the time that the bidder signs their bid).

This does not preclude the Contractor from adding translators and proofreaders to work on CDE work assignments during the term of the contract, provided that the CDE is notified in advance and that any added translators/proofreaders meet all the requirements stated herein this IFB.

V. 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 Miriam Lopez, Contract Analyst by phone at (916) 322-2482 or by e-mail at mlopez@cde.ca.gov.

mailto:LGarcia@cde.ca.gov mailto:mlopez@cde.ca.gov

VI. 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.

VII. 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 5:00 pm PDT/PST on April 8, 2016. CDE will post the questions and answers on the bidsync advertisement and e-mail the questions and answers to everyone who has submitted a question by April 18, 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) 319-0161.

VIII. 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; (1) set of bid documents which must bear the original signature of the individual authorized to do so, and one (1) copy of the bid documents. The bid shall be returned in a sealed envelope marked “SEALED BID – TRANSLATION SERVICES– DO NOT OPEN.” To prevent premature opening, place sealed bid envelope within an envelope addressed as follows:

Personnel Services Division

Contracts Office: Miriam Lopez 1430 N Street, Suite 1802 Sacramento, CA 95814

SEALED BID – TRANSLATION SERVICES – DO NOT OPEN

The deadline for submission of sealed bids is April 22, 2016 at 2:00 p.m.

The bids will be publicly opened and read on April 26, 2016 at 2:00 a.m. at Personnel Services Division, 1430 N Street, Room 1505, Sacramento, CA 95814.

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

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

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

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

Bids shall not be qualified. 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. Proposal form must contain the proposed bid cost for Per Word Rate and Emergency Rate for both Language Group A and B.

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. Proposal form must contain the proposed bid cost for Per Word Rate and Emergency Rate for both Language Group A and B.

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)

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

Business License must be attached to verify that the bidder possesses at least three years of experience as an established business, under their current business name, not as a subcontractor for, or as an employee of another established business or public agency. A photocopy of the bidder’s current business license must be included with the bid package.

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.

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

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 – Bidder References must be fully completed, signed, and dated with an original signature by the individual legally authorized to bind the bidder.

Attachment 9 – Bidder Certification must be fully completed and signed with an original signature by the individual legally authorized to bind the bidder.

Attachment 10 – Required Attachment Checklist must be fully completed and submitted as the cover of your bid package.

Attachment 11 – Additional Set must be submitted, which includes all required IFB attachments listed above. See section VIII. BID SUBMISSION.

IX. IFB SCHEDULE:

Activity Action Date

Invitation for Bid Advertisement March 22, 2016

Questions Due to CDE April 8, 2016 at 5:00 p.m.

CDE Response to Questions April 15, 2016 (tentative)

Bids Due April 22, 2016 at 2:00 p.m.

Public Bid Opening April 26, 2016 at 2:00 p.m.

Contract Start date July 1, 2016

X. 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.

XI. 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/dgs/fmc/gs/pd/gspd05-105.pdf (Outside Source).

When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

XII. 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.

XIII. BASIS OF AWARD:

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

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Language Group A Per Word Rate for translation services stated on the Contractor’s Bid Forms, Exhibit B.1 and B.2. The lowest average Language Group A Per Word Rate will be computed by adding the Language Group A Per Word Rate from each of the two bid forms Exhibit B.1 and Exhibit B.2 and then dividing the amount by two.

Charges for the contractor’s operating expenses such as: transportation, fuel, parking, equipment rental, certification, license, software, 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.

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

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

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

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

XIV. OPTION TO RENEW:

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.

XV. 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:

Contractor shall provide all necessary work for Translation Services on an as-needed basis to the California Department of Education’s (CDE) Clearinghouse for Multilingual Documents (CMD), Specialized Media and Translation Unit, located within the Curriculum Frameworks and Instructional Resources Division, as described herein.

II. PROJECT MONITORS:

The CDE assigns Rod Atkinson, (916) 445-6109, RAtkinson@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. GENERAL INFORMATION:

A. Contractor will provide all labor, personnel, equipment, tools, supplies, postage, and/or delivery charges, materials, insurance, licenses, permits, and transportation to provide document translation project management services for the CDE. Contractor must have the appropriate software for use in the target languages.

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

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

D. Translations provided to the CDE must be original.

E. Contractor will designate a contract monitor who will act as the primary contact for all

CDE assignments and services. The contract monitor or a designee will be available to respond to communications from the CDE, Monday through Friday, during regular business hours, 8:00 am to 5:00 pm Pacific Time.

F. The CDE will not pay a per-service minimum charge or project management/desktop publishing charges.

mailto:RAtkinson@cde.ca.gov

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

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

I. Translators must be employees of the contractor, or under contract with the contractor

(at the time that the contractor signed their bid), and must reside in the United States of America.

IV. QUALITY ASSURANCE PROCEDURES:

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

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

V. TERMINOLOGY MANAGEMENT PROCESS:

At any time during the contract period, upon CDE request, the contractor must provide to the CDE Contract Monitor a written explanation of the contractor’s terminology management process in the development of translation glossaries.

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

VI. BIDDER CERTIFICATION:

Attachment 9 – Bidder Certification which lists the contractor’s translators and proofreaders who, at the time that the contractor submitted their bid, will provide translation/proofreading services for the contractor under this contract. Attachment 9 – Bidder Certification will be incorporated into the contract as Exhibit G.

If the need to add and/or replace translators and/or proofreaders arises, the contractor must notify the CDE contract monitor in advance of the translators/proofreaders working on any CDE assignments. Additional or replacement translators must meet the requirements contained herein.

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

B. Each translator who works on CDE assignments for a Group A and B language must possess at least five years of professional experience as a translator, including at least two years of experience in translating educational documents.

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

D. Each translator who works on an assignment from the CDE for language Group A and

B must possess a college degree, at least at the undergraduate level. The CDE reserves the right to require that the Contractor provide verification of translators’ degrees; the Contractor must provide the verification within the time frame stipulated by the CDE at the time of the request.

E. Each proofreader who works on an assignment from the CDE for language Group A and B must possess a high level of knowledge, training, and experience to competently perform the services required.

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

VII. TRANSLATION SERVICES:

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

A. Translation Process:

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

2) Before sending the translation(s) to the CDE, the Contractor‘s must do the following,

a. Translate for accuracy,

b. Translate for completeness,

c. Translate for consistency,

d. Translate for correctness,

e. Verify that the translation is of high quality,

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

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

h. Ensure that translator has followed all CDE guidelines and instructions (including the use of any CDE translation glossaries, if available).

3) The Contractor will e-mail the completed translations to the CDE as specified in

Exhibit A, Article XV. Submittals/Formatting.

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

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

4) CDE sends the translations to a second, separate contractor (Translation

Review Contractor), who provides a critique and suggestions in track-changes format. Upon receipt of the review/critique from CDE, the contractor will ensure that translators review the critique and resolve differences in a way that renders the best translation. Contractor must e-mail the clean, final version of the translation to the CDE.

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

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

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

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

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

B. Revisions/Updates to Pre-Existing Translations

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

(2) of Exhibit A.

C. Glossary/Educational References

When a specific educational term, title, or reference (e.g., “California Department of Education,” “California High School Exit Exam,” “school district,” “supplementary educational services”) appears in a source document assigned to the Contractor for translation, the Contractor will ensure that the translation of the term, title, or reference will be consistent among all previous and future translations. The Contractor will maintain an ongoing list of such terms and their translations. The Contractor will provide, upon request by the CDE, an electronic copy of the list at no additional cost to the State.

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

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

La Ley Que Ningún Niño Se Quede Atrás (No Child Left Behind Act [NCLB] of 2001, por sus siglas en ingles)

D. Emergency Translation

The Contractor may be required to provide emergency translation services, on an as needed basis with the following timeline requirements:

1) Translations of source documents of up to 250 words must be provided to the

CDE within 24 consecutive hours of assignment.

2) Translations of source documents between 251-500 words must be provided to the CDE within 36 consecutive hours of assignment.

3) Translations of source documents between 501-1,000 words must be provided to the CDE within 48 consecutive hours of assignment.

4) Translations of source documents over 1,000 words must be provided to the CDE within the agreed upon timeline determined by the CDE.

VIII. ADDITIONAL INSTRUCTIONS:

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

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

1) Grammar

2) Syntax

3) Spelling

4) Vocabulary

5) Punctuation

6) Accuracy

7) Correctness

8) Typographical errors

9) Capitalization

10) Consistency/Parallelism

11) Appropriate or unnecessary uses of transliteration

12) Completeness (no omitted or overlooked passages or paragraphs)

13) Text enhancements

14) Formatting consistent with the source document and/or with CDE instructions

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

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

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

D. Contractor will consult with and advise CDE on instances in which transliteration is required. The word(s) to be transliterated will be included in the CDE’s word count at the same per-word rate for translation.

IX. TIMELINE:

For each assignment to the Contractor, the CDE will stipulate a due date, typically between 5-10 business days for completion, depending on the number of words in the source document. In the case of a lengthy source document (e.g., 1,000 words or more), or a document containing frequent use of technical language throughout (e.g., the School Accountability Report Card), the CDE will allow for additional business days for completion, at the CDE’s discretion.

The CDE reserves the right to extend an assignment’s due date for the Contractor, and will be extended solely at the CDE’s discretion.

Should the Contractor fail to provide a translation within the assigned deadline, the CDE reserves the right to accomplish the service by any means available, and deduct from any current or future invoice, additional charges incurred by CDE.

Repeated missed due dates may be grounds for contract termination.

X. OWNERSHIP OF TRANSLATIONS MATERIALS:

A. All source documents assigned to the Contractor for translation by the CDE are the property of the CDE (or in some cases, the CDE’s constituent/collaborating agencies), and they remain so after assignments are completed.

B. Any CDE assignment completed, partially completed, or completed and finalized by the Contractor becomes the sole property of the CDE.

XI. WORD COUNT:

The word count for an assignment will be determined by the CDE at the time of the assignment. Word counts will be based on the number of words in the English text (source language). Spaces between words will not be counted, nor will the words in CDE headers and other official language intended to remain in English. In the case of revisions/updates to pre-existing translations, the CDE will determine the word count based upon the extent of revisions required.

XII. FONTS:

All translations must be done in fonts specified by the CDE. The Contractor may not provide the CDE with translations in fonts not approved by the CDE. The Contractor shall assume all costs necessary in making the corrections and providing the translation in the CDE-specified font.

The Contractor will, upon request, provide information or suggestions to the CDE regarding fonts for languages not yet tested by the CDE for compatibility and display requirements. The fonts currently used by the CDE for commonly translated languages are as follows:

LANGUAGE FONT

Arabic Arial

Armenian (Eastern) Sylfaen

Armenian (Western) Sylfaen

Chinese (Traditional) PMingLiu or SimSun

Chinese (Simplified) SimSun or Arial

Farsi (Persian) Times New Roman

German Arial

Hebrew Arial

Hindi Mangal

Hmong Arial

Ilocano Arial

Japanese MS Mincho or Meiryo

Khmer (Cambodian) Khmer Content Unicode

Korean Batang

Lao Saysettha OT (not Saysettha Lao)

Mixteco Arial

Portuguese (Brazilian) Arial

Portuguese (Continental) Arial

Punjabi (Indian) Arial Unicode MS

Russian Arial

Samoan Arial

Somali Arial

Spanish Arial

Tagalog (Pilipino) Arial

Urdu Tahoma

Ukrainian Arial

Vietnamese Arial

XIII. LANGUAGE GROUPS:

The Contractor must be able to provide to the CDE quality translations of CDE source documents in the languages listed in Group A and Group B in this section. In making assignments, the CDE will determine which languages are needed for each document.

For the purpose of this contract, the CDE identifies the target languages in two groups, based on California enrollment statistics:

Group A Languages consist of the following: Arabic, Eastern Armenian, Western Armenian, Farsi (Persian), German, Hindi, Hmong, Japanese, Khmer (Cambodian), Korean, Mixteco, Punjabi (Indian), Russian, Simplified Chinese (for Mandarin-speaking households), Spanish, Tagalog (Pilipino), Traditional Chinese (for Cantonese-speaking households), Vietnamese, and Ukrainian.

Group B Languages consist of the following: Hebrew, Ilocano, Portuguese (Brazilian), Portuguese (Continental), Samoan, Somali, Lao and Urdu.

Languages are grouped based upon recent enrollment figures for California public schools. In general, languages in Group A have had enrollment figures of 1,000 and above, while languages in Group B have had enrollment figures below 1,000.

In making assignments to the Contractor, the CDE will use an assignment sheet for each language group (see Exhibit F). The Contractor must verify, sign, and return each assignment sheet (e.g., PDF file) with the translated document(s). The CDE reserves the right to revise the language groups based upon changes in enrollment statistics in California public schools.

The Contractor ensures that all translations provided to the CDE will be appropriate for the intended California immigrant population and will be completed according to instructions from the CDE.

XIV. VERIFICATION/DOCUMENTATION:

Contractor will provide verification or documentation regarding any part or aspect of the work provided by the Contractor, including provisions and obligations stated in Exhibit A, Scope of Work, upon CDE’s request. Contractor must comply with the request within 5 business days. Failure to provide the requested verification or documentation to the CDE may result in cancellation of the contract.

XV. SUBMITTALS/FORMATTING:

Final versions of all translations must be submitted via e-mail to the CDE Contract Monitor in Word format. In exceptional cases, the Contractor must obtain prior approval from the CDE before using other means of delivery, such as file transfer protocols or Web-based digital delivery companies. A completed and signed Assignment Form, see Exhibit F, must also accompany every translation that is submitted to the CDE, and it may be e-mailed to the CDE as a PDF file.

Upon request by the CDE, the contractor must submit translations in hard copy and/or PDF format.

The Contractor will comply with the CDE’s requests or instructions regarding formatting and any updates or revisions. Margins, fonts (face, weight, size), spacing, headers and footers, heading text size and color, and tables in the source document may not be changed by translators. Exceptions to this rule can include pagination or instances in which text or a table must be moved to the next page to avoid splitting in half as a result of a page break. The Contractor must consult with the CDE in the event of formatting problems and must recommend to the CDE possible solutions regarding formatting. The Contractor will comply with the CDE’s decisions.

Contractors must verify that the translations adhere to the following specific formatting requirements on each form:

1. Contractor must verify that at the top of each page of a translation the following information appears as a header, in English: the title of the document, the language of the translation, the font used, and the page number (e.g., Page 1 of 2).

2. Contractor must ensure that messages in the source document intended for users of the translations (such as “add name of district”) remain in English.

3. Contractor must verify that an explanation is included in parentheses when there are program names that cannot be translated in the target language.

The contractor will use the appropriate CDE signed Assignment Form, attached as Exhibit F, for each translation. A completed Assignment Form must accompany each translated document.

Contractor will e-mail the finalized translation(s) to the CDE as a Word attachment(s), unless otherwise directed by the CDE, along with the Assignment Form (see Exhibit F).

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 CN160008 and shall be submitted in arrears, not more frequently than monthly in duplicate to the appropriate sites representative:

Curriculum Frameworks and Instructional Resources Division

Attention: Rod Atkinson 1430 N Street, Suite 3207 Sacramento, CA 95814

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

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 PAGE 1 OF 2

Translation Services IFB

CN160008

The undersigned contractor hereby proposes to furnish all labor, personnel, material, and equipment necessary to perform all the work required for translation services for the Clearinghouse for Multilingual Documents, California Department of Education, in accordance with the Terms and Conditions contained herein, at the following rates:

L A

N G

U A

G E

G R

O U

P A

Per Word Rate:

Spanish, Vietnamese, Tagalog (Pilipino), Traditional Chinese (for Cantonese-speaking households), Hmong, Korean, Simplified Chinese (for Mandarin-speaking households), Arabic, Mixteco, Punjabi (Indian),…