MCD08 User Guide Final.pdf

Massachusetts Commission for the Deaf and Hard of Hearing

Communication Access Services Division

Contract MCD08 Steno CART (Communication Access Realtime Translation) Captioner Services for

MCDHH and Executive Branch Agencies:

RFR / User Guide / Contract

For Contractors, Requesters, Payers, Consumers, and All Other Entities Using MCD08

Contract Covering the July 1, 2023 to June 30, 2026 Contract Period

Contract Initial Term July 1, 2023 to June 30, 2026 with Two Three-Year Options to Renew

Dr. Opeoluwa Sotonwa, Commissioner

Cat B. Dvar, Director of Communication Access Services

December 2023 Version

“This document is incorporated into ‘Contract MCD08 for ‘Contract MCD08 Steno CART (Communication Access Realtime Translation) Captioner

Services for MCDHH and Executive Branch Agencies’ and should be referred to frequently by anyone using that contract in any capacity.”

Brief portions of this document may be copied for inclusion in instructional or informational material as long as attribution is given to the Massachusetts Commission for the Deaf and Hard of Hearing. Requests for permission to use larger sections of this document should be directed in writing to the Commissioner, MCDHH.

TABLE OF CONTENTS

WELCOME FROM THE COMMISSIONER, 2023

WELCOME FROM THE DIRECTOR, 2023

PART I: REQUEST FOR RESPONSE (RFR)

OPEN MARKET BID BD-23-1067-MCD01-MCD01-88299

PART II: USER GUIDE

INTRODUCTION

DEFINITIONS

LEGISLATIVE AUTHORITY

FOR ALL USERS OF THE MCD08 CONTRACT: THE DEPARTMENT OF

INTERPRETER/CART SERVICES

FOR ALL USERS OF THE MCD08 CONTRACT: THE INTERPRETER/CART

REFERRAL SERVICE

FOR ALL USERS OF THE MCD08 CONTRACT: STAFFING OF THE

INTERPRETER/CART REFERRAL SERVICE

MANDATORY AND EXCLUSIVE USE OF THE MCD08 CONTRACT BY

EXECUTIVE BRANCH AGENCIES

LIST OF EXECUTIVE BRANCH AGENCIES

USE OF MCD08 CONTRACT BY OTHER COMMONWEALTH AGENCIES AND

ENTITIES

MCDHH’S INTERPRETER/CART REFERRAL SERVICE

STRUCTURE AND FUNCTION OF THE MCD08 STENO CART CAPTIONING

CONTRACT

FOR ALL USERS OF THE MCD08 CONTRACT: WHAT IS INCLUDED IN

MCDHH'S INTERPRETER CONTRACT

MCD08 CONTRACT ELIGIBILITY: OVERVIEW

MCD08 CONTRACT ELIGIBILITY FOR ON-SITE STENO CART CAPTIONERS

MCD08 CONTRACT ELIGIBILITY FOR REMOTE STENO CART CAPTIONERS

DISPLAY SOFTWARE USED BY REMOTE STENO CART CAPTIONERS

MCD08 CONTRACT ELIGIBILITY FOR PROVIDERS OF OTHER TYPES OF

REALTIME SPEECH-TO-TEXT COMMUNICATION ACCESS SERVICES:

PILOT TECHNOLOGIES

CART SERVICES AT PUBLIC PROCEEDINGS

JOB ASSIGNMENT BY MCDHH’S INTERPRETER/CART REFERRAL

SERVICE

CART CAPTIONER RESPONSIBILITY AFTER ASSIGNMENT ACCEPTANCE

EFFECTIVE USE OF REMOTE CART IN OTHERWISE ON-SITE SETTINGS . 67

MCD08 COMPENSATION STRUCTURE: AN OVERVIEW

MCD08 COMPENSATION STRUCTURE: BASE RATES

MCD08 COMPENSATION STRUCTURE: SPECIALIZATION SURCHARGES

OR ADD-ON RATES AND FEES

ADDITIONAL MCD08 COMPENSATION POLICIES FOR ON-SITE AND

REMOTE STENO CART

MCD08 COMPENSATION POLICY FOR SOLO CAPTIONERS PERFORMING

LONG JOBS

MCD08 ADDITIONAL COMPENSATION AND BILLING TERMS AND

CONDITIONS

STANDARD BILLING FORMS FOR CONTRACT MCD08 STENO CART

CAPTIONERS

BILLING BY VENDORS: GUIDANCE ON LATE PENALTY INTEREST AND

LATE FEES

PERFORMANCE EXPECTATIONS FOR MCD08 CART CAPTIONERS:

MCDHH’S QUALITY ASSURANCE PROGRAM

MCDHH’S GUIDELINES FOR STANDARDS OF PROFESSIONAL & ETHICAL

CONDUCT FOR CART CAPTIONERS

EVALUATION OF RESPONSE PACKAGE AND NEXT STEPS IN

APPLICATION PROCESS: THE CAPTIONER AUDITION

PART III: SAMPLE CONTRACT FOR MCD08 STENO CART CAPTIONING

SERVICE

AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:

APPENDIX: ROOM SET-UP AND MICROPHONE PLACEMENT FOR

REMOTE CART

WELCOME FROM THE COMMISSIONER, 2023

November 2023

I am humbled to have the honor of introducing this new cycle of MCDHH’s Steno CART Captioner’s contract, Contract MCD08 Steno CART Captioner Services for MCDHH and Executive Branch Agencies. Thirty-five years ago, MCDHH established the Interpreter/CART Referral Service and a host of other progressive, protective, and innovative resources to serve Deaf and Hard of Hearing people within human service, healthcare, safety, legal, education, and economic settings. Today, Deaf, Hard of Hearing, Late-Deafened, and DeafBlind people are increasingly and rightfully engaged as consumers, service providers, employees, employers, participants, and contributors in all aspects of life in the Commonwealth.

MCDHH handles a massive demand of more than 25,000 annual requests for communication access services from our programs, other state entities, and the provider community. We recognize that the Steno CART Captioner workforce is both finite in size and vital to meeting the demand for access. We have come to recognize that we must think creatively and leverage the power of our resources to meet this large and ever-growing need for communication access services and for Steno CART Captioning Services in particular.

With Contract MCD08 MCDHH is no longer relying on years of one or more certifications as proof of a Steno CART Captioner’s eligibility to participate in our contract and be compensated at a particular rate. Instead, we are using the Steno CART Captioner’s years of experience providing Steno CART Captioning services as indicating the Captioner’s eligibility to participate and be compensated at an appropriate rate. Why? We want to attract a more diverse population of Steno CART Captioners, skilled professionals from a range of backgrounds who for multiple reasons of their choosing have opted not to align themselves with the national certification system. We believe that our emphasis on years’ experience, coupled with a strengthened Quality Assurance program, will address some of the systemic barriers that have been in place for quite some time and have functioned to exclude and marginalize. In this way MCDHH is promoting diversity, equity, and inclusion within the community of Steno CART Captioners.

This Manual is designed as a guide for any user of the MCD08 Contract. It contains a wealth of information. Take some time to familiarize yourself with the contents of this document. Some of the information will meet your immediate needs and other parts will serve more as reference.

As we go forward in implementing MCD08, we welcome your comments and recommendations. Please take advantage of the opportunity within the “Feedback, Compliments and Complaints” section to share your thoughts with us.

We hope that this updated Contract MCD08 Steno CART Captioner Services for MCDHH and Executive Branch Agencies RFR / User Guide / Contract provides you with all the information you need. We thank you for matching our commitment to communication access with your participation as a requester, an interpreter, a consumer, or a stakeholder in another capacity. We look forward to being of service to you.

Most sincerely, Dr. Opeoluwa Sotonwa Commissioner

WELCOME FROM THE DIRECTOR, 2023

Hello and welcome to all MCD08 CART Captioners!

I want to begin by expressing my sincere gratitude for the warm welcome I received as I stepped into my new role as Director of Communication Access Services at MCDHH in November of 2021, from so many of you whom I’ve worked with side-by-side with for so many years, and from so many new colleagues I have yet to meet.

Thank you!

With this new MCD08 CART contract, we must look back and see where we’ve been in order to move forward in a meaningful way. The COVID-19 pandemic forced us to pivot in unexpected ways. Some of the shifts have been positive: CART and court steno training programs are beginning to emerge both in-person and online, with the online component allowing access for people who otherwise might not have been able to pursue a career in CART captioning. But some of the shifts have been challenging. Because we all had to pivot to online platforms, even though this opened up access for many Deaf and hard of hearing people across the Commonwealth, many CART captioners are now able to work entirely from home anywhere in the United States and even abroad. This means our pool of CART captioners who are able to and willing to work in doctors’ offices, on-site college classes, on-the-job trainings, in-person meetings and events, emergencies, court and other in-person assignments has diminished significantly.

There has always been a greater need for CART services than CART captioners available, but never more so than right now, particularly with so many remote opportunities for CART captioners across the country. MCDHH’s Interpreter/CART Referral Service needs to use creative thinking to attract interpreter resources. Some of our ideas, which we will put into place during the term of MCD08, are:

• Our Workforce Development Coordinator is hard at work coordinating our myriad Workforce Development projects, programs and initiatives, all focusing on the creation of a stable workforce increased in both numbers and diversity, reflective of the communities we serve.

• As part of our Workforce Development efforts, we established and facilitated two Subject Matter Expert Consulting Groups (SMECs) – one for CART and one for Interpreters. We relied on the SMECs to supply us with a concrete roadmap including a step-by-step action plan, for the creation of a robust communication access provider pipeline, that meets the needs of our diverse communities, and specifically addresses recruitment and retention.

• One piece of the paradigmatic shift being promulgated by the CART SMEC to support increased diversity and numbers is, in this new contract, recognizing CART Captioners for their years of experience in the field as opposed to years certified. This is a big shift for us, supported by the Commissioner, and will require an accompanying shift in how MCDHH approaches CART mentorship and quality assurance. MCDHH will be looking at ways to address this over the next 2-5 years.

• We are in active discussions with community colleges to explore establishing a CART training program in the Commonwealth and plan to maximize both in-house resources and leverage community partnerships to provide the mentorship and career support new CART Captioners need when entering the field to stay in this career path.

• We hope to create CART-related surveys of our stakeholder groups, much like the Interpreter Survey that went out in the late fall from our Referral Department, to give MCDHH information to help us better meet your needs. We would also like to have regular meetings with our stakeholder groups, so that we may stay current with all of your needs and concerns and address those as we are able.

• We are working hard on our Interpreter/CART Referral Modernization efforts, hoping to have a new fully functional, user friendly Referral Software system sometime during FY25.

We are asking for your help and support. Please take this opportunity to share ideas you may have, skills you may bring, and ways you can help us think outside the box to increase both the numbers of CART captioners we have on our contract and the diversity of those individuals. We hope you will partner with us in the creation of a robust communication access provider pipeline that addresses every step along the way of the CART provider career path, from first exposure to captioning and CART provision all the way to 10-12 years job satisfaction in the field. The intent is to create a stable workforce increased in both numbers and diversity, reflective of the communities we serve.

I realize the MCD08 RFR / Contract and Procedures Guide is lengthy. Jane Sokol Shulman and the MCDHH team has worked hard to create a document that it is relevant to and adds value to your current work. Please use it as a tool to help guide you through the communication access process as well as to teach you our policies, procedures, and business standards no matter which stakeholder group you belong

to. Often you can find answers to your questions in the document. The Table of Contents will help focus your browsing. This document functions as the contractual agreement between CART captioners and MCDHH, and also lets all other participants in the communication access process know what they can expect.

CART Captioner Contract MCD08 covers nine years (a three-year initial term and two three-year options to renew), taking us from July 1, 2023, all the way through June 30, 2032. We anticipate the following:

• A shortage of CART Captioners will remain constant throughout the period. We need your support and collaboration as we advance our Workforce Development projects and initiatives to increase the numbers and diversity of our CART Captioner pool.

• Technology and CART captioning online through a variety of video platforms is here to stay. MCDHH will need to be more aggressive in developing, promoting, and even assisting in enforcing standards for remote CART provision and advocating against Automatic Speech Recognition (ASR) as a replacement for the incredible work our CART Captioners do.

I have repeatedly mentioned partnering with all of you throughout this letter. Please reach out with your ideas and suggestions to me at cat.b.dvar@mass.gov. Through our Workforce Development initiatives, we are really trying to do something different, to think outside the box, to push the boundaries, to be a leader in the field of communication access provision such that other states will want to replicate our programs. I hope you will join me and the MCDHH team, under the inspiring leadership of Commissioner Opeoluwa Sotonwa and Chief of Staff Sharon Harrison, to make this happen.

Wishing you all the best, Cat B. Dvar

Cat B. Dvar Director of Communication Access Services, MCDHH mailto:cat.b.dvar@mass.gov

PART I: REQUEST FOR RESPONSE (RFR)

The Request for Response (RFR) is the document by which Commonwealth of Massachusetts agencies define the goods and/or services they want to procure.

They identify the required and desired specifications of the services and service providers, and explain how prospective vendors can make their goods or services available to the purchasing agency.

In this RFR, MCDHH is telling the provider community that it wants to purchase the services of Steno CART Captioners. We want to purchase these services either directly from individual Steno CART Captioners or through Business Providers of Subcontracted Steno CART Captioners. This document explains the very simple requirements we are asking of both businesses and individuals: you only need to affirm that you (or your subcontractors) can provide Steno CART Captioning at a minimum speed and at a minimum accuracy for at least 55 minutes without a break, and you also need to affirm that you will follow the Captioners Code of Professional Ethics as promulgated by the National Court Reporters Association, https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional- Ethics/captioners-code-of-professional-ethics. If you are new to MCDHH’s CART Contract, you need to be available for a brief interview and perform an audition.

The details are in the RFR.

https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics/captioners-code-of-professional-ethics https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics/captioners-code-of-professional-ethics

REQUEST FOR RESPONSE

STENO CART CAPTIONING SERVICES FOR MCDHH AND FOR

EXECUTIVE BRANCH AGENCIES

ISSUE DATE: MAY 7, 2023

Purchasing Department Massachusetts Commission f/t Deaf and Hard of

Hearing Address 600 Washington Street City, State Zip Code Boston, MA 02111 Procurement Contact Person

Jane Sokol Shulman, Agency Chief Procurement Officer

Telephone Number 617-740-1600 Fax Number 617-740-1830 or 617-740-1810 E-Mail Address Jane.sokol.shulman@mass.gov RFR Name/Title CART (Communication Access Realtime Translation)

Services for MCDHH and Executive Branch Agencies RFR Number RFR 23-35-MCD, also known as MCD08 COMMBUYS Bid Number

OPEN MARKET BID BD-23-1067-MCD01-MCD01-

88299

UNSPSC Commodity Code 82-11-00: Writing and Translations Bid Release Date May 7, 2023 Bid Opening (Response Due) Date

Bids (applications) are accepted on a rolling basis from RFR release through one month before contract end date

1. Description or Purpose of Procurement:

The passage of Chapter 716 of the Acts of 1985 in December of 1985 established the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH). As part of its charge detailed in Section 194, MCDHH “shall improve accessibility and quality of existing services and shall promote development of new services when necessary.” Consequently, MCDHH is authorized to conduct procurements for communication access providers, including but not limited to sign language interpreters and CART (Communication Access Realtime Translation) Captioners, for all Executive Branch agencies. The details of this charge are fleshed out in Code of Massachusetts Regulation 112 CMR 3.00: Commission for the Deaf and Hard of Hearing: Procedures and Structures for the Provision of Interpreters for the Deaf and Hard of Hearing by State Agencies.

mailto:Jane.sokol.shulman@mass.gov

MCDHH is the central point of contact for Commonwealth of Massachusetts agencies to obtain the services of qualified CART Captioners through its Interpreter / CART Referral Service. MCDHH’s Interpreter / CART Referral Service also accepts requests for CART Captioner services from private, not-for-profit, and other non-state entities. To meet the needs of these state and non-state requesters, MCDHH’s Interpreter / CART Referral Service establishes and maintains a roster of qualified CART Captioners who can accept and perform these job assignments in accordance with the standards of performance MCDHH requires of CART Captioners.

The purpose of this procurement is to create a pre-qualified list of CART Captioners that MCDHH’s Interpreter / CART Referral Service can use to fill incoming job requests. MCDHH invites steno CART Captioners, both individuals and businesses, to submit applications to this bid solicitation (RFR). Details of services, qualifications, compensation structure, application procedures, application assessment, and related information may be found in this document. Applications are accepted on an ongoing basis throughout the contract term and additional individual and business CART Captioners may be added at any time. As a result of a successful and vigorous bid response, MCDHH will have a large roster of CART Captioners and an enhanced ability to fill requests and thus meet the communication access needs of Deaf, late-deafened, hard of hearing, and others needing realtime speech-to-text communication access in Massachusetts.

The Massachusetts Commission for the Deaf and Hard of Hearing is an Equal Opportunity Employer and does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, genetic information, pregnancy, ancestry, or military status, in any of its activities or operations.

2. Applicable Procurement Law:

Check Appropriat e Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52;

801 CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR

1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c.

7, § 22; and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, §

17; 815 CMR 2.00

3. Acquisition Method:

Check All Applicable

(“X”):

Category

Fee-For-Service Outright Purchase Rental (not to exceed 6 months) Term Lease License Other

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor Multiple Contractors

a. Estimated Number of Awards The target maximum number of Contractors: unlimited.

The Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

5. Entities Eligible to Use the Resulting Contract:

Check One (“X”):

Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

• Executive Office for Administration and Finance, and its Agencies

• Executive Office of Health and Human Services, and its Agencies

• Executive Office of Elder Affairs, and its Agencies

• Executive Office of Technology Services & Security, and its

Agencies

• Executive Office of Education, and its Agencies

• Executive Office of Public Safety & Security, and its

Agencies

• Executive Office of Housing and Economic Development, and its Agencies

• Executive Office of Housing and Economic Development, and its Agencies

• Public institutions of higher education

• The Judicial Branch, including the Courts

• The Legislative Branch

• Public hospitals owned by the Commonwealth, including but not limited to those under the Massachusetts Department of Public Health

• Local public libraries, public school districts, and charter schools

• Independent public authorities, commissions, and quasi-public agencies

• Cities, towns, districts, counties, and other political subdivisions of Massachusetts

• Public purchasing cooperatives

• Non-profit, UFR-certified organizations and agencies that are doing business with the Commonwealth

• Other entities when designated in writing by the Agency

Chief Procurement Officer

Limited User Contract – Restricted to Use by Issuing Entity Only.

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract Duration Number of Options Number of

Years/Months Instructions Initial Duration

July 1, 2023, or upon execution through June 30, Applications are accepted on a rolling basis throughout the bid solicitation’s term

Renewal Options Two Three-year options to renew Options to renew are FY’27- FY’29 and FY’30-FY’32

Total Maximum Contract Duration

Total of nine fiscal years

New applications / contractors are accepted throughout the contract’s term

7. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement:

Estimated $1,000,000 or more annually by all eligible entities across all anticipated contractors

8. Contract Services, Qualifications, and Compensation Structure:

This document, the Bid Solicitation or Request for Response, is a key component of the master document:

MCDHH’s CART (Communication Access Realtime Translation) Services

Contract:

RFR / User Guide / Commonwealth Contract for Contract MCD08

For Use by Contractors, Requesters, Payers, Consumers, and All Other Entities Using MCD08

The Multi-Department Contract Which Begins July 1, 2023

MCDHH anticipates that, while the provisions of the full master document will be fundamentally and substantively similar to those of MCD03 and MCD07INTERIM, the document itself will not be complete until sometime in or around the end of calendar 2023. Sections will be released upon completion and may be found on MCDHH’s web page, www.mass.gov/mcdhh.

PROSPECTIVE BIDDERS ARE ENCOURAGED TO SUBMIT APPLICATIONS

BASED ON THIS RFR AND THE PRELIMINARY RATES AS SOON AS THOSE

TWO DOCUMENTS ARE POSTED ON COMMBUYS. For the fleshed-out provisions typically contained in the User Guide, MCDHH recommends referring to those in the previous document associated with MCD07INTERIM until the full RFR / User Guide / Contract document for MCD08 is completed.

As noted in Section #1, MCDHH invites steno CART Captioners, both individuals and businesses, to submit applications to this bid solicitation (RFR).

Core Services: Individual CART Captioners and CART Captioner subcontractors of Business CART Providers may offer:

• On-site CART

• Remote CART

• On-site Streaming CART

Additional Services: Individual CART Captioners and CART Captioner subcontractors of Business CART Providers may offer one or more of these optional services:

Projection service Jumbotron projection service CART in a language other than English using the Roman alphabet CART output http://www.mass.gov/mcdhh

Solo performance of long jobs (over three hours) Legal non-court CART Legal court CART

Qualifications of CART Captioners: Both individual Steno CART Captioners and Steno CART Captioner subcontractors of Business CART Providers must meet the following qualifications:

• Are able to provide verbatim text display of a multi-speaker communication event at a minimum speed of 180 words per minute sustained for no less than 55 minutes without a break, measured over any five-minute period during a 55-minute assignment.

• Are able to provide verbatim text display of a multi-speaker communication event at a minimum accuracy of 96% according to NCRA standards sustained for no less than 55 minutes without a break, measured over any five-minute period during a 55-minute job.

• Possess basic knowledge of hearing loss and the use of speech-to-text verbatim display as a means of providing communication access for Deaf, deaf, late-deafened, DeafBlind and hard of hearing individuals.

• Hold a current certification from NCRA or another MCDHH-approved CART or Court Reporter’s professional organization or maintains a consistent record of earning CEUs.

• Follow NCRA’s Captioners Code of Professional Ethics https://www.ncra.org/home/professionals_resources/NCRA-Code-of- Professional-Ethics/captioners-code-of-professional-ethics.

Additional qualifications for Business CART Providers:

• Must be in the business of providing Steno CART Captioner subcontractors for a minimum of three years and preferably five years.

Compensation Structure for CART Captioners: The rate structure for Contract MCD08 for both individual Steno CART Captioners and Steno CART Captioner subcontractors of Business CART Providers consists of a base hourly rate, years of experience, and one or more optional add-on rates.

• The base hourly rate for individual Steno CART Captioners and Steno CART Captioner subcontractors of Business CART Providers is the starting point for rate calculation and depends on whether the CART Captioner possesses a CRC (Certified Realtime Captioner) certification, and if the CART Captioner or CART business is new to

MCDHH.

For Individual Steno CART Captioners, the base rate is determined by whether the Captioner has contracted with MCDHH to provide CART Services previously, and if the https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics/captioners-code-of-professional-ethics.

https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics/captioners-code-of-professional-ethics.

Individual Steno CART Captioner possesses a current CRC certification.

For Business providers of Steno CART Captioning Services, the base rate is determined by whether the Business has contracted with MCDHH to provide CART Services previously, and if the subcontractor Steno CART Captioner performing the particular assignment possesses a current CRC certification.

• The Steno CART Captioner’s years of experience, defined as number of years the individual Steno CART Captioner has been providing Steno CART Captioning services and the number of years the Business CART Provider has been offering services of Steno CART Captioner subcontractors.

• One or more optional add-on services, including but not limited to:

Projection service Jumbotron projection service CART in a language other than English using the Roman alphabet CART output Solo performance of long jobs (over three hours) Legal non-court CART Legal court CART

9. Applying to MCDHH’s Bid Solicitation for Steno CART Services:

In accordance with the policies of Operational Services Division, only electronic applications submitted via COMMBUYS will be accepted in response to this RFR / Bid Solicitation. For instructions on how to submit a quote, please see Appendix B. For assistance with COMMBUYS please contact the COMMBUYS Help Desk at OSDHelpDesk@mass.gov or 617-720-3197 8:00 AM to 5:00 PM Monday through Friday.

The Commodity Code for CART Services is 82-11-00, Writing and Translations.

The application process to RFR 23-35-MCD, also known as MCD08, involves a written response, an interview, and, in the case of new individual Steno CART Captioners, an audition.

Part I. The written response is a Letter of Interest/Application and a Resume.

mailto:OSDHelpDesk@mass.gov

Letter of Interest/Application:

For Individual Steno CART Captioners, the Letter of Interest/Application should contain all the following information:

• Whether the individual is new to MCDHH and its CART contracts.

• The type of Steno CART Captioning services the individual is applying to provide: on-site, remote, and/or on-site streaming.

• The number of years the individual has been providing Steno CART

Captioning Services.

• An affirmation that the individual can provide steno CART output of a multi-speaker communication event at a sustained speed of at least 180 words per minute for no less than 55 minutes without a break.

• An affirmation that the individual can provide steno CART output of a multi-speaker communication event at a minimum accuracy of 96% according to NCRA standards for no less than 55 minutes without a break.

• The highest CART certification the individual has attained.

• Whether this certification is current (active).

• An affirmation that, if accepted as a member of the MCD08 contract, the individual will follow NCRA’s Captioners Code of Professional Ethics.

For Business Steno CART Captioners, the Letter of Interest/Application should contain all the following information:

• Whether the business is new to MCDHH and its CART contracts.

• The type of Steno CART Captioning services the business is applying to provide: on-site, remote, and/or on-site streaming.

• The number of years the business has been providing Steno CART

Captioning Services.

• An affirmation that the business will provide only Steno CART

Captioner subcontractors to MCDHH with the skill level to caption a multi-speaker communication event at a sustained speed of at least 180 words per minute for no less than 55 minutes without a break.

• An affirmation that the business will provide only Steno CART Captioner subcontractors to MCDHH with the skill level to caption a multi-speaker communication event at a minimum accuracy of 96% according to NCRA standards for no less than 55 minutes without a break.

• An affirmation that, if accepted as a member of the MCD08 contract, the business will follow NCRA’s Captioners Code of Professional Ethics.

Resume:

Any standard format of the applicant’s choice may be used.

For Individual Steno CART Captioners, be sure to include continuing education and CEUs earned going back five and preferably ten years.

For Business Steno CART Captioners, be sure to include the approximate size of the Steno CART Captioner pool you are able to draw from to fill MCDHH assignments. Note whether you have any certifications from the Massachusetts Supplier Diversity Office such as Minority-Owned Business Enterprise (MBE), Woman-Owned Business Enterprise (WBE) or other certification. The Massachusetts Supplier Diversity Office may be found at https://www.mass.gov/orgs/supplier-diversity-office-sdo.

Part II. MCDHH will contact applicants to schedule a mutually convenient interview.

Part III. Individual Steno CART Captioners who have never contracted with MCDHH before will be asked to perform a two-hour audition. This will be a multi-person meeting typical of many of the jobs the Interpreter / CART Referral Service must fill.

10. Small Business Purchasing Program:

This section contains mandatory wording that must be retained in all bid solicitations even though it does not apply to RFR 23-35-MCD, also known as MCD08. The estimated value of this procurement exceeds the threshold for the Small Business Purchasing Program.

Program Background:

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference:

While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

https://www.mass.gov/orgs/supplier-diversity-office-sdo https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program

SBPP Participation Eligibility:

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in

COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements:

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.

Program Resources and Assistance:

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

11. Supplier Diversity Program (SDP) Plan:

Bid solicitation RFR 23-35-MCD, also known as MCD08, has been declared exempt from Supplier Diversity Program Plan requirements by the Executive Director of the Supplier Diversity Office. Therefore, the section in OSD’s RFR template addressing the SDP Plan has been excised.

https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

12. Environmentally Preferable Products:

This section contains mandatory wording that must be retained in all bid solicitations even though it does not apply to RFR 23-35-MCD, also known as MCD08.

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

13. Instructions for Submission of Responses:

[Mandatory provision.] Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create a Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Follow the instructions in the Job Aid “Creating a Quote in COMMBUYS:

How to Respond to Bid Solicitations.” It may be found at https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download.

When working in the ITEMS tab, be especially careful to clear the check mark in the “no bid” box. Failure to do so will result in an invalid bid response.

14. Evaluation Criteria:

Bidders (prospective Contractors) must submit responses that meet all the submission requirements of the RFR as set forth in Section 9. Only responsive https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Application Evaluation:

Responsive applications will be awarded points using the evaluation schema, below:

• Exceeds average expectations – outstanding; exceeds expectations on all aspects.

• Meets average expectations – average; meets expectations on most aspects.

• Does not meet average expectations – below expectations; deficient on essentially all aspects.

The following evaluation schema will be used to assess all responsive applications.

For purposes of illustration, the evaluation schema is formatted into an applicant scorecard to be used by members of the evaluation team.

NAME OF APPLICANT:

NAME OF EVALUATOR: DATE:

QUALIFICATION, CHARACTERISTIC OR EXPERIENCE RATING:

• INDIVIDUAL – Meets requirements for speed and accuracy

• BUSINESS – Will only provide subcontractors meeting requirements for speed and accuracy

• INDIVIDUAL – Agrees to comply with Standards of Professional & Ethical Conduct

• BUSINESS – Agrees to comply with Standards of Professional & Ethical Conduct

• INDIVIDUAL – Based on interview, would be a positive addition to MCDHH’s roster of CART Captioners

• BUSINESS – Based on interview, would be a positive addition to MCDHH’s roster of CART Captioners

Bid Evaluation Methodology: All applications will undergo an initial review by MCDHH’s Procurement & Contracting Manager. Only complete applications will be considered for further analysis and evaluation by the Director of Communication Access Services with one to three MCDHH colleagues at her discretion.

Bids will be evaluated based on the Letters of Application, Resumes, and results of interviews.

16. Estimated Procurement Calendar:

Procurement Activity Date Time

(Eastern Time Zone)

Bid Release Date Sunday, May 7, 2023 12:00 noon

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

N/A – Rolling enrollment N/A

Notification of Apparent Successful Bidder and Negotiation of Contract Terms

(Estimated)

Notification within two weeks after bid submission

Estimated Contract Start Date July 1, 2023 or as soon as contract processing is complete

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

17. Required Forms:

The successful Bidder will be required to complete the following Commonwealth documents:

Check if applicable

(“X”)

Form/Document Notes/Instructions (If any)

Commonwealth Terms and Conditions

Electronic Submission

Prompt Pay Discount Form Electronic Submission

Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

If not already on

MMARS

Standard Contract Form and Instructions

Electronic Submission

Contractor Authorized Signatory Listing

Electronic Submission

Authorization for Electronic Funds If not already on

Check if applicable

(“X”)

Form/Document Notes/Instructions (If any)

Transfer MMARS

Supplier Diversity Plan Form (SDP Plan Commitment) N/A

CORI

Electronic Submission (if not completed in previous two years

The above attachments are available as part of the Bid record on COMMBUYS

(WWW.COMMBUYS.COM).

A CORI (Criminal Offenders Records Information) check will be required.

18. RFR Attachments:

Appendix A: Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids

19. Additional Information - MCDHH-Specific Terms

a) The Bidder is responsible for any and all costs associated with the preparation of the RFR response.

b) All response submissions, regardless of whether a contract is ultimately awarded to a particular Bidder, become the property of MCDHH.

c) The Agency may, during response review or at any time prior to selection, cancel a

Request for Response or reject any or all responses if the Agency determines that such action is in the best interest of the Commonwealth.

d) MCDHH and the Commonwealth of Massachusetts make no guarantee that any commodities or services will be purchased from any contract resulting from this

RFR.

e) MCDHH reserves the right to renegotiate and adjust rates, performance terms, and/or performance measures at any time during the life of the statewide contract.

f) All materials developed by the winning Contractors under this contract such as hand-outs, outlines, mailing lists, workshop agenda, publicity notices, and other materials will remain the property of MCDHH.

g) MCDHH anticipates monitoring and evaluating the Contractor’s performance on an ongoing basis. Any contract resulting from this solicitation may be terminated at http://www.commbuys.com/ http://www.commbuys.com/ https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services any time if the Contractor is unable to meet performance standards after given a reasonable opportunity to improve performance.

h) This Request for Response is developed in good faith based on needs known at the time of document preparation. Should additional information become available during the term of this contract suggesting the advisability of a different strategy and/or additional contract goals or performance benchmarks, MCDHH reserves the right to modify the contract accordingly, including adjusting the contract term, dates of performance, and/or contract maximum obligation.

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e.

contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

PART II: USER GUIDE

This key section of the document is for all stakeholders using Contract MCD08. Here you will find an introduction to MCDHH’s Interpreter/CART Referral Service, and a deep dive into sequential interactions that create an accessible communication event, from the requester’s initiating a job request to the post-job events. Here is also where to find the guide for the odd things that occasionally happen: bad weather, cancellations, and so forth.

INTRODUCTION

In December 1985, the passage of Chapter 716 of the Acts of 1985 established the Commission for the Deaf and Hard of Hearing. The specific section of the law mandating a statewide Interpreter/CART Referral Services, Massachusetts General Laws Chapter 6 § 196, reads as follows:

“The Commission shall maintain and coordinate a statewide Interpreter Referral Service for use by any public and private agencies and individuals for any situation including emergencies.”

The profession of CART did not exist when MGL Chapter 6 § 194 was passed establishing MCDHH and mandating that MCDHH “…shall provide services to the deaf and hard of hearing population including but not limited to interpreting services….” Over the years, both by broad interpretation and by legal opinion, the term “interpreting services” has been taken to mean any professionally provided communication service that enables a deaf or hard of hearing individual to participate in communication at a level comparable to that of a hearing person. MCDHH is responsible for establishing and reviewing the qualifications and standards for CART Captioners who provide services to Deaf, Oral Deaf, Late-deafened, DeafBlind, and Hard of Hearing individuals in a variety of settings throughout the Commonwealth.

The Massachusetts Commission for the Deaf and Hard of Hearing is issuing this Request for Response in accordance with the guidelines set forth in 801 CMR 21.00:

Procurement of Commodities or Services, including Human and Social Services. 801 CMR 21.00 is the primary regulation governing procurement of commodities and services for Executive Branch agencies, and in accordance with that regulation a procurement is considered successful when it supports and balances the procurement principles of:

“The achievement of required outcomes, generates the best quality economic value, is performed timely, minimizes the burden on administrative resources, expedites simple or routine purchases, allows flexibility in developing alternative Procurement and business relationships, encourages competition, encourages the continuing participation of quality Contractors and supports State and Department Procurement planning and implementation.”

Additionally:

“RFRs may be used to establish criteria which prospective Bidders must satisfy in order to be placed on a list of qualified Contractors.

These criteria may include, but are not limited to, technical expertise, experience, quality of performance, location, availability of Commodities and Services, rates, prices, catalogs of Commodities or Services, or both, or other criteria relevant to a particular Procurement.” Section

21.06 (4)(d).

801 CMR 21.06 gives the Massachusetts Commission for the Deaf and Hard of Hearing the authority to establish a list of qualified individuals to provide CART (Communication Access Realtime Translation) Services to Deaf, deaf, oral deaf, DeafBlind, late-deafened, and hard of hearing individuals in a variety of settings.

These qualified individuals will be included as contractors on Contract MCD08 and will become eligible to accept assignments from the MCDHH Interpreter/CART Referral Service. Businesses owned and operated by qualified CART Captioners are also eligible to apply.

The primary objective of this RFR is to communicate all the information a CART Captioner needs in order to make an informed decision about filing an application to participate in the contract MCD08: CART (Communication Access Realtime Translation) Services; and if she or he does decide to do so, to convey all the information needed to file a complete application. To this end, this solicitation conveys information about:

• The different types of CART Services covered by this contract;

• Contract eligibility for both current CART contractors and those new to MCDHH MCDHH’s contract;

• General information about MCDHH’s Interpreter/CART Referral Service and how CART jobs are assigned;

• Compensation structure for agencies participating in the MCD08 contract;

• Performance expectations for CART Captioners signing the MCD08 contract regardless of whether their assignments are for MCD08-participating agencies or other entities;

• Guidelines for Standards of Professional & Ethical Standards;

• Instructions for Submission of Response Package(s);

• The Commonwealth’s Supplier Diversity Program Plan Requirement;1 and

• Evaluation of Response Package and the Next Steps in the Application Process.

The Request for Response, or solicitation, contains the MCD08-specific terms and conditions of the contract between MCDHH as lead agency and CART Captioners and may not be modified except by formal amendment and signature of both MCDHH and the Contractors. This document, in conjunction with the Commonwealth of Massachusetts Standard Contract form, serves as the MCD08 contract document in

1 In accordance with the decision of the Supplier Diversity Office of the Operational Services Division, Contract MCD08 and its successor CART Captioning Contracts are exempt from the Supplier Diversity Program Plan Requirement.

setting forth the terms, conditions, and mutual expectations of all parties to the CART transaction. A second document, The Instructions, Procedures and Manual for Contract MCD08: CART (Communication Access Realtime Translation) Services, is a supporting document containing detailed procedures and other information relevant to all who use MCD08 in any capacity: Steno CART Captioner, requesters, MCDHH’s Interpreter/CART Referral Service staff, and consumers. The Instructions, Procedures and Manual is a living document and may be updated by MCDHH as policies and procedures evolve over time. Additionally, MCDHH may add material to The Instructions, Procedures and Manual for clarification or amplification purposes in response to any user or user group of the MCD08 contract to make the contract easier to use. Both may be found on COMMBUYS.

As noted on the page, “MCDHH’s Interpreter/CART Referral Service,” both MCD08 agencies and entities that do not use the MCD08 contract place job requests through MCDHH’s Interpreter/CART Referral Service. A Steno CART Captioner wanting access to job requests from either MCD08 agencies or organizations not using the MCD08 contract must apply for participation in the MCD08 contract.

MCD08 is…