OEV26006447 MPA-54 SOW.pdf

SOLICITATION SPECIFICATIONS

OEV - OPEN ENROLLMENT VENDOR ASSESSMENT MPA

TITLE: OEV26006447 MPA-54 INTERPRETING AND TRANSLATION SERVICES

SECTION A. BACKGROUND

Bidder(s) selected for inclusion on State Master Price Agreement (“MPA”) 54 entitled “Interpreting and Translation Services” as a result of this solicitation will provide both oral and written interpretation, translation, and translation review services on an as-needed basis to State Departments and Agencies during the term of the resulting MPA contract.

MPA-54 will include three separate categories for application and award. Bidders may submit for inclusion on any or all categories for this purpose; submissions must be clearly labeled to confirm which category/categories the bidder wishes to apply. See Section C for additional information.

Categories

1. Interpreting and Translation Services

2. Language Proficiency Testing Services

3. On-Demand Telephonic Interpreting Services

Definition of Terms

Interpreters are considered to be individuals who translate the spoken word. Interpreter includes, but is not limited to, an oral interpreter, a sign language interpreter, or a deaf blind interpreter, depending upon the needs of the individual who is deaf or hearing impaired. Please note that this solicitation is limited to oral and written interpreters. Sign language interpretation is addressed under MPA-358.

Translators are considered to be individuals who translate the written word.

Certified translators/interpreters are considered to be individuals who have successfully completed an approved, recognized accreditation programs(s).

Language proficiency is an individual's overall ability to use a language for real-world communication in various contexts, encompassing linguistic skills like grammar and vocabulary, and communicative competence in understanding

SECTION B: SCOPE OF WORK AND REQUIREMENTS

1. For Interpreting and Translation https://webprocure.proactiscloud.com/BidReport/state/ri?dc=1&nexturl=BidList&bid=141661&editSol=false

Fluency Translators/Interpreters must be completely fluent in both English and in the targeted foreign language requested for the assignment.

Confidentiality Interpreters/Translators shall keep all information related to assignments strictly confidential.

Interpreters/Translators shall not disclose privileged or confidential communications or information acquired in the course of interpreting/translating or preparing for interpretation/translation, unless authorized by the Court or by law. Interpreters/Translators must protect the confidentially of all knowledge gained during the course of their duties.

Interpreters/Translators may have access to private documents, police records, medical files, etc., during an assignment. Consequently, Interpreters/Translators must remember that they have an absolute responsibility to keep such information, whether oral or written, completely confidential. Contractors shall ensure that Interpreters/Translators comply with all State policies and procedures applicable to the security and safety of privileged and confidential information in the possession or knowledge of the interpreters/translators and shall establish and maintain safeguards for the protection thereof.

Records Retention All records, books, and documents reasonably related to this Contract shall be maintained and kept by Contractor for a minimum of three (3) years after termination or expiration of this Contract if any litigation, claim, or audit involving these documents and/or records begins before the specified period expires, Contractor must keep the records and documents for not less than three (3) years and until all litigation, claims, or audit findings are resolved, whichever is later Contractor is strictly prohibited from destroying or discarding any records, books, or other documents reasonably related to this Contract, unless the time period for maintaining such under this subsection has lapsed.

Timing/Scheduling Interpretation shall be consecutive or simultaneous, whichever is appropriate under the circumstance. Contractor is responsible for coordinating with the various agencies, courts and departments to meet all scheduling requirements.

Representation of Qualifications Interpreters shall accurately and completely represent their certifications, accreditations, training, education, and pertinent experience. Interpreters shall bring to the agency's/Court's attention any circumstances or conditions that impede full compliance with any requirements of this Contract, including, but not limited to, interpreter fatigue, inability to hear, and/or inadequate knowledge of specialized terminology, and must decline assignments under conditions that make such compliance unattainable. Acceptance of a case by an interpreter represents and warrants linguistic competence in the professional setting (e.g. legal, health care, etc.). Interpreters shall only provide professional interpreter services in matters in which they are confident of their capacity to perform accurately.

Impartiality and Avoidance of Conflicts of Interest Interpreters and translators shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. Interpreters and translators shall immediately disclose to the Agency/Court and all parties any real, potential, or perceived conflicts of interest. Any conditions that interfere with the objectivity of an interpreter or translator is acquainted with or related to any witness/client or related to any witness or party to the action or if the Interpreter/

Translator shall not engage in conduct creating the appearance of bias, prejudice, or partiality.

Interpreters/Translators shall abstain from comment on cases in which he or she serves.

Sometimes the testimony to be interpreted is shocking or traumatic, and the Interpreter must be able to deal with such matters without becoming emotionally involved. Interpreters must also be able to refrain from expressing personal opinions, showing bias, or being partial to one party over another, and must be able to work well under pressure and react quickly to solve complex linguistic and ethical problems as they arise. Interpreters/Translators who are also attorneys should not serve in both capacities in the same matter, unless agreed to by the Presiding Judge and all parties.

Professional Demeanor Interpreters/Translators shall conduct themselves in a manner consistent with the dignity of the Agency/Court and shall be as unobtrusive as possible.

Scope of Practice Interpreters/Translators must be versatile, flexible, skilled professionals. Interpreters shall render the message faithfully, always conveying the content and spirit of the speaker using language most readily understood by the clients whom they serve Dishonorable (lacking in integrity, indicating an intent to deceive or take unfair advantage of another person, bringing disrepute to the profession of interpretation or translation, or unethical) conduct that does not conform to generally accepted standards of conduct for professional Interpreters/Translators will not be tolerated. Interpreters/Translators shall not counsel or interject personal opinion. When interpreting, respect for the clients' rights must always be evident. Interpreters/Translators shall accept assignments using discretion with regard to skill, setting, and the clients involved.

Interpretation/translation services shall always be competent, impartial, and professional.

Interpreters/Translators shall limit themselves to interpreting/translating, and shall not give legal or medical advice, express personal opinions to individuals for whom they are interpreting or engage in any other activities which may be construed to constitute a service other than interpreting/translating while serving in their official capacity. An Interpreter may convey legal or medical advice, including the explanation of forms and/or services, to a client only when interpreting on behalf of the client’s attorney, other legal representative, or health care provider.

Assessing and Reporting Impediments to Performance Interpreters/Translators shall assess at all times, their ability to deliver the services pursuant to this Contract. If an Interpreter/Translator has any reservation regarding his or her ability to satisfy and/or complete an assignment competently, he or she shall immediately convey such reservation to the Agency, Presiding Judge or other appropriate court authority.

Duty to Report Ethical Violations Interpreters/Translators shall report to the Agency or Presiding Judge any effort to influence or impede the performance of his or her duties, or his or her compliance with any legal requirement, any requirements contained herein, or any other official rule, policy, or procedure governing court interpretation and translation. An Interpreter/Translator having knowledge that another Interpreter/Translator has committed a violation of any provision of this Contract or requirement contained herein shall immediately notify the Agency, Presiding Judge and/or the appropriate licensing authority.

Documentation of Services Performed Interpreters shall sign in and sign out on a daily basis for each daily assignment/service with each requesting courts(s) and/or user department(s). Written documentation of the services performed shall include actual arrival and departure time, cause or case number, and be signed by the

Presiding Judge or authorized court or department personnel who has authority to sign and approve such services on behalf of the court or department. A copy of the sign-in/sign-out form must be left with each requesting court(s) and/or user department(s). State will only pay the minimum service fee/charge, or the hours actually worked (excluding lunch), or whichever is greater, for each assignment as outlined in Contractor's Pay Rates. The State form used for written documentation of service performed shall be for the purpose of determining the language interpreted/translated and the time spent; however, the form does not directly determine Contractor's fee. The determination of the fee the Contractor charges the State is based on the relevant rate as delineated in the Bid Proposal Section multiplied by the documented hours.

Failure to Appear on a Scheduled Assignment If an Interpreter/Translator fails to appear at a scheduled assignment at the day and time requested by the State, he or she is subject to immediate termination of participation and performance of this Contract and removal from the MPA for translation/interpretation services.

State will allow a ten (10) minute grace period on the scheduled time. Continuous failure to appear or non-performance with contract terms and conditions may result in the termination of this Contract by the State.

Professional Development Contractor must commit to continued professionalism in the practice of interpretation/translation.

Interpreters/Translators shall continually improve their skills and knowledge and advance the profession through activities, such as professional training and education, and interaction with colleagues and specialists in related fields. Interpreters/Translators shall keep informed of all statutes, rules of courts, and policies of the judicial system/agencies that relate to the performance of their professional duties. Interpreters/Translators shall maintain an impartial, professional relationship with all parties.

Removal and Replacement of Cause Contractor must guarantee unconditional satisfaction of all individual Interpreter/Translator performance levels and skills for the assignment. State may request Contractor to remove an Interpreter/Translator from an assignment. The reason for a removal may include, without limitation, a violation of the terms and conditions of this Contract, including a violation of State policies, rules, and regulations, or a violation of local, state, federal, or municipal statutes, or where said Interpreter/Translator is engaged in conduct or activities inconsistent with the terms and conditions of this Contract, or upon a determination that an individual Interpreter/Translator simply is not compatible with State personnel. If within two (2) hours of assignment or any time thereafter, State finds the respective Interpreter/Translator to be unacceptable, for whatever reason as determined solely by State, Contractor shall replace the Interpreter/Translator as soon as possible at no additional cost to the state

Emergency and Non-Scheduled Requests Contractor must be able to respond and provide an Interpreter/Translator (on-site at a Rhode Island facility or other identified location within Rhode Island) to cover emergency and non-scheduled requests within two (2) hours of the initial request, regardless of the time of day or night.

Meetings Due to the fact that law enforcement agencies, health agencies, courts, user departments, and detention facilities will utilize the interpretation/translation services provided hereunder, Contractor is required to hold at least two (2) meetings with various State courts and/or user departments during the term of this Contract and at least one (1) meeting one (1) month prior to any renewal of this Contract if State finds it necessary. As requested by State, the parties shall periodically meet at a location designated by the parties or conduct a telephone conference call to discuss the performance of the parties' respective obligations hereunder. In order to facilitate proper management of the performance of this Contract, Contractor shall, at each such meeting, provide State with written documentation of any problem or circumstance encountered by Contractor which (i) may prevent or tend to prevent Contractor from completing any of its obligations hereunder, or (ii) may cause or tend to cause State to generate unnecessary or excessive fees or other charges under this Contract.

Site Rules and Regulations Interpreters, while on State property, shall observe and comply with all State site rules and regulations, including, but not limited to, parking and security regulations, in its sole discretion, shall approve all interpreters/translators requesting and/or requiring access to any State site or facility prior to admittance on State property.

Background Check The State reserves the right to conduct criminal background checks on any and all of Contractor’s personnel assigned to this Contract, including Interpreters/Translators providing services hereunder. In the event an individual's file/background check proves other than satisfactory, as determined solely by State, State reserves the right to have the individual(s) immediately removed from performing under this Contract and replaced by acceptable personnel at no additional cost to State.

a. For Medical Interpreting and Translation

Qualifications

Medical Interpreters ONLY Contractor understands and agrees that, if possible, all interpreters and/or translators providing services hereunder shall be certified by the Certification Commission for Healthcare Interpreters (CCHI) www.healthcareinterpretercertification.org or the National Board of Certification for Medical Interpreters (NBCMI) www.certifiedmedicalinterpreters.org and complies with all the requirements set forth in the following, unless otherwise provided for herein all other Rhode Island requirements.

Certification

Medical Interpreters ONLY Contractor shall provide the Department of Administration with a copy of the current and valid translator and/or interpreter certification for all staff members providing services hereunder. If a translator and/or interpreter is not so certified, Contractor shall submit such information in writing to the Department of Administration and include the reason the translator/interpreter is not certified and/or licensed. During the term of this contract and at no cost to the State, Contractor shall ensure that the certifications of each translator/interpreter providing services hereunder are continually maintained and current. Failure to maintain certifications and/or falsification of any certifications shall render Contractor non-compliant with contract specifications and will be just cause for immediate termination of this contract. If an interpreter fails to provide the documentation required under this contract, the Interpreter will be deemed non- compliant and will be dismissed immediately and replaced by another interpreter at no cost to the State.

http://www.healthcareinterpretercertification.org/ http://www.certifiedmedicalinterpreters.org/

Phase-In for Certification

Medical Interpreters ONLY Within thirty (30) days after each State fiscal year (June 30), all contractors must provide valid certification to the Department of Administration, Division of Purchases. Improper certification will result in immediate removal from the qualified service by the end of year one of the MPA award. Eligible staff are those interpreters/translators for whom a certification exam (written and oral) is available from the CCHI or the NBCMI in the language(s) for which the staff are hired to interpret. All interpreters should take at a minimum the written portion of any certification exam to show:

• Intention to become certified; and

• Knowledge of subject area.

Notification of Changes

Medical Interpreters ONLY Contractor shall notify the Department of Administration within ten (10) calendar days of any and all changes in a translator’s/interpreter’s status.

Interpreter Requirements

Medical Interpreters ONLY The Contractor and interpreter/translation staff shall adhere to the National Code of Ethics for Interpreters in Health Care (NCIHC), found here:

• https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20 Code%20of%20Ethics.pdf

And the NCIHC National Standards of Practice for Interpreters in Health Care, found here:

• https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20 Standards%20of%20Practice.pdf

b. For Legal Interpreting and Translation

Certification

Legal Interpreters ONLY Legal interpreters shall be certified from the National Center for State Courts (NCSC). If a certified/licensed translator and/or interpreter is not available for a specified language, and/or is not reasonably available, and/or can only be provided at additional expense as quoted in this bid proposal section of this contract, the Contractor may offer a qualified, but uncertified, interpreter to the State. However, the State has right to accept or reject. Specifically, a qualified interpreter:

• Has passed the written portion of an exam offered by an of the recognized certifying entities as set forth in Rhode Island Supreme Court Executive Order 2009-05,

• Completes as assessment or oral proficiency by the Office of Court Interpreters (OCI) including but not limited to consideration of a non-passing score for the oral examination, or where no examination is available;

• Completes a training session conducted by the OCI; and

• Knows and adheres to the Code of Ethics and Professional Responsibility for Court

Interpreters https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20Code%20of%20Ethics.pdf https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20Code%20of%20Ethics.pdf https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20Standards%20of%20Practice.pdf https://www.ncihc.org/assets/documents/publications/NCIHC%20National%20Standards%20of%20Practice.pdf

Interpreter Requirements

Legal Interpreters ONLY When providing interpretation and/or translation in legal settings, the Contractor and interpreter/ translation staff shall adhere to the Office of Court Interpreter Code of Ethics and Professional Responsibilities for Court Interpreters in the Rhode Island Judiciary, found here:

• https://www.courts.ri.gov/programs-services/Documents/Interpreters/CodeOfEthics.pdf

2. For Language Proficiency Testing

The vendor must have proven experience working with State government assessing language proficiency.

Proficiency tests reflect and measure a test taker’s ability to carry out real-world tasks.

Language Testing Services

Test Type Description

Oral Proficiency Interview by

Computer (OPIc)

*Test Description: An on-demand, internet-delivered speaking test taken with a video Avatar delivering open-ended questions along a wide range of topics that differ from one test taker to another.

*Available Languages: Arabic, Mandarin Chinese, English, French, German, Italian, Japanese, Korean, Pashto, Persian Farsi, Portuguese, Russian and Spanish.

*Ratings results are delivered within 1 business day

Oral Proficiency Interview (OPI)

*Test Description: A scheduled telephone -delivered speaking test conducted by a human certified OPI Tester on a date and time convenient to the OPI Tester and Test Taker. The OPI Tester asks open-ended questions along a wide range of topics that differ from one test taker to another.

*Available Languages: Vast library of languages (including Cape Verdean) *Ratings results are delivered within 1 business day

Writing Proficiency Test (WPT)

*Test Description: An on-demand, internet-delivered writing test taken by computer.

The test taker is presented with writing task prompts ranging across a variety of scenarios for response.

*Available Languages: Albanian, Arabic, Chinese-Cantonese, Chinese-Mandarin, Dutch, English, French, German, Greek, Haitian Creole, Hebrew, Hindi, Italian, Japanese, Korean, Persian Farsi, Polish, Portuguese, Russian, Spanish, Swedish, Turkish, and Vietnamese *Ratings results are delivered within 1-3 business days

Reading Proficiency Test

(RPT)

*Test Description: An on-demand, internet-delivered reading test. Reading passages are presented to the test taker. They are given questions per reading passage with multiple response options to select.

*Available Languages: Arabic, Chinese-Mandarin, English, French, German, Indonesian, Italian, Japanese, Korean, Portuguese, Russian, and Spanish.

*Ratings results are delivered immediately as the RPT is machine-scored

Proficiency Ratings Credentials The OPIc, OPI and WPT proficiency tests are to be rated by a certified raters who have been trained and certified. To qualify as a tester, an individual must test a Superior level of proficiency in the target language and hold either a master’s or Ph.D. in linguistics or second language acquisition (SLA) to qualify. Capability for RPT tests with machine scoring.

https://www.courts.ri.gov/programs-services/Documents/Interpreters/CodeOfEthics.pdf

Proctoring the Assessment Requirements On-Site: For tests conducted on-site or at office location, a company-assigned HR, Recruitment, or Management staff member acts as proctor for the assessment to validate the identity of the candidate.

Test Administration Client Site Portal where test administrators (assigned by your organization) are provided access to the system to:

• Submit test requests;

• Retrieve ratings results;

• Download test taker data; and

• Maintain user access.

3. On-Demand Telephonic Interpreting Services

Contractors must have the capability to provide telephonic interpretation services for non-English speaking individuals 24 hours a day, 7 days a week, and 365 days per year. Contractors must provide translation services in more than 200 languages including but not limited to the most frequently used languages of Spanish, Portuguese, Portuguese Cape Verdean, Portuguese Brazilian, Russian, Arabic, Laotian, Haitian Creole, Urou, Swahili, Italian, Korean, and Cantonese.

Contractors must respond to incoming calls/requests for services within an average of 15 seconds (for a live agent) or 5 seconds (for an automated voice response system). Contractors shall maintain an average successful connection (to interpreter) time, for all languages provided, of 30 seconds or less. Contractors shall provide, at no extra cost, a dedicated, toll-free, number to access interpretation services. All costs for this toll-free access will be borne by the Contractor.

Contractors shall not require using agencies to purchase or obtain a specific type of equipment to access telephonic interpretation services.

All Interpreters provided by Contractors shall be pre-qualified, tested and trained for industry standard terminology and agree to adhere to the American Society of Testing and Materials (ASTM) standard interpretation guide. In addition, the Contractor shall provide 24-hour, toll free, Customer Support line attended to by live representatives.

4. Contractor Reporting and Accounting Requirements

Reporting Contractor agrees to submit all required documentation and reports on a timely basis in accordance with the specified time frames pursuant to this Contract. Penalties for delinquent reporting may include withholding of payments until such time all reports are received, cancellation and/or termination of this Contract with no obligation to pay for undocumented services, or both.

Access to Records Contractor agrees that State, or any of its duly authorized representatives, has the right of timely and unrestricted access during normal business hours to any books, documents, papers, reports, or other records of Contractor that are pertinent to the fulfillment of the requirements of this Contract, to make audit, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to Contractor's personnel for the purpose of reviewing, interviewing, evaluating, and monitoring related to such documents. All such items shall be available to the requesting party in the Contractor’s offices in the State.

Ownership Contractor agrees that all information, data, and supporting documentation provided by the State that relates to the services here under shall remain the property of State.

Maintenance of Records Contractor’s records, books, and other documents reasonably related to this Contract shall be kept and maintained in standard accounting form. Such records, books, and documents shall be made available in Contractor’s offices in Rhode Island subject to inspection by State or authorized State personnel upon request during normal business hours. State shall retain the right to audit the records, books, and documents, in whatever form, at their discretion upon reasonable notice to Contractor. Contractor shall ensure that that any and all electronic data is compatible with State’s ability to record and read such data and Contractor shall provide electronic data in a format compatible with State’s information technology capabilities. Contractor shall furnish all required items, including, but not limited to, documents pertaining to services provided for purposes of this Contract, records of work performed, records of payments, copies of invoices and/or receipts, or other items necessary or convenient to transmit and communicate the information needed or convenient for full and unrestricted audit of the Contractor’s records, books, and documents.

Audit The State Auditor, its assigns, or any other governmental entity approved by State shall have the unrestricted right to audit all data or documents related to this Contract. Such data shall be furnished in Contractor’s offices at a mutually convenient time within a reasonable time. Should State determine it reasonably necessary, Contractor shall make all its records, books, and documents reasonably related to this Contract available to authorized State personnel, at reasonable times and within reasonable periods, for inspection or auditing purposes or to substantiate the provisions of services under this Contract.

5. Contract Confidentiality and Public Records

Access to Public Records Act By submission of a bid proposal and upon issuance of a Contract for inclusion on MPA-54, the parties acknowledge and agree that State is subject, as a matter of law, to the Rhode Island Access to Public Records Act, R.I. Gen. Laws § 38-2-2 et. seq. (hereinafter “APRA”).

Notwithstanding any other provision, the parties agree that in the event that any provision of this Contract, or other documents related to this Contract, including, but not limited to, any exhibit, attachment, amendment, addendum, or other incorporated document, is in conflict with APRA, such provision shall be of no force or effect.

Furthermore, it is expressly acknowledged and agreed that Rhode Island courts, judges, elected officials, Department heads, and municipal employees (hereinafter “State Requestors”) may request advice, decisions, and opinions of the Attorney General of the State of Rhode Island in regard to the application of APRA to any software, hardware, firmware, or any part thereof, or other equipment or item, data, or information, or any other thing or item, data, or information, or any other thing or item furnished to or in the possession or knowledge of State. It is further acknowledged and agreed that the State Requestors have the right and obligation by law to rely on the advice, decisions, and opinions of the Rhode Island Attorney General. Contractor hereby releases the State Requestors from any and all liability or obligation of any type, kind, or nature regarding any disclosure of any software, hardware, firmware, or any part thereof, or other equipment or item, data, or information, or any other thing or item furnished by Contractor or in the possession or knowledge of State that is determined by State or in reliance on any advice, decision, or opinion of the Rhode Island Attorney General to be available to the public or any persons.

Notwithstanding the foregoing, the parties agree, to the extent permitted by APRA to keep confidential (and store in a secure area with limited access) and will not copy, publish, sell, exchange, disclose, or provide to others or use any information, documents, or data, provided to or disclose to the other party, or any information related to the resulting Contract, including, but not limited to, any exhibit, attachment, amendment, addendum, or other incorporated document, for any purposes other than performing each party’s obligations under the resulting Contract.

SECTION C: PROPOSAL

Vendor Assessment Forms and Pricing/Rate Sheets

Vendor responses must address specifically each of the following elements on the attached Vendor Assessment Form for each category including specifying yes or no where indicated.

Pricing must be submitted on attached pricing form for each category and be fully loaded/inclusive of all related overhead, expenses, and costs.

Category 1: Interpreters and Translators

A. Services Provided – Indicate if you are providing interpreting services, translating services, or interpreting and translating services.

B. Medical/Legal Services – Indicate if you are providing medical and/or legal interpreting and/or translation services.

C. Certification – Attached Certification to be listed as a qualified medical/Legal translator and/or interpreter.

D. Pricing – Attach a completed pricing form.

E. Insurance – Can you meet the insurance requirements as stated in the solicitation?

Category 2: Language Proficiency Testing

A. Services Provided – Indicate what language proficiency test you are providing (See Section B(2)).

B. Certification – Attached Certification to provide services.

C. Pricing – Attach a completed pricing form.

D. Insurance – Can you meet the insurance requirements as stated in the solicitation?

Category 3: On-Demand Telephonic Interpreting Services

A. Services Provided – Confirm that you have the ability to remit on-demand telephonic interpreting services (See Section B(3)).

B. Certification – Attach Certification to provide services.

C. Pricing – Attach a completed pricing form.

D. Insurance – Can you meet the insurance requirements as stated in the solicitation?