PRF75_Request_For_Response_Foreign_Language_Interpretation_and_Translation_Services Revised 4.2.21~1.docx

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Foreign Language Interpretation and Translation Services
Contract number
PRF75
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Massachusetts

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This document is a Request for Response (RFR) issued by the Commonwealth of Massachusetts Operational Services Division (OSD) for a Statewide Contract soliciting Foreign Language Interpretation and Translation Services. The procurement is open to various eligible entities including cities, towns, districts, counties, state government branches, independent public authorities, local public libraries, public school districts, charter schools, public hospitals, public higher education institutions, public purchasing cooperatives, non-profit organizations doing business with the Commonwealth, and other states and territories.

The contract will provide four categories of language services: in-person interpretation, translation services, telephonic interpretation, and video remote interpretation (VRI). The estimated contract value is $25 million, with an initial three-year term and an option to renew for up to two additional years. Contractors will be selected based on evaluation criteria including price, business experience, and business capacity/quality. The services must cover all Massachusetts counties, with pricing structured as per-hour rates for interpretation and per-word rates for translation. Contractors are required to provide 24/7 availability, maintain specific performance standards, and participate in the Commonwealth's Supplier Diversity Program by committing to partner with certified minority and women-owned businesses.

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COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Foreign Language Interpretation and Translation Services

Agency Document Number: PRF75

COMMBUYS Bid#: BD-21-1080-OSD03-OSD03-57771

03/10/2021

Amended 4.2.21

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

Version Number
Date
Author
Brief Description
1.0
03/10/2021
Ann-Maria Bennett
Initial release

REQUEST FOR RESPONSE PRF75 Foreign Language Interpretation and Translation Services

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

1INTRODUCTION AND BID OVERVIEW1
1.1Summary Description of Procurement1
1.2Estimated Procurement Calendar1
1.2.1Submission of Bid Questions2
1.2.2Bid Amendment Deadline2
1.2.3Pre-bid Conference2
1.2.4Late Bids will not be Considered2
1.2.5Debriefing3
1.3Additional Bid Information3
1.3.1Anticipated Contract Duration:3
1.3.2Performance and payment time frames which exceed Contract duration3
1.3.3Estimated Value of the Contract3
1.3.4Estimated Number of Awards3
1.3.5Adding Contractors after initial Contract Award3
1.3.6Acquisition Method(s):3
1.3.7Entities Eligible to Use the Resulting Contract3
2bidder qualifications4
2.1Company experience4
2.1.1Business background4
2.1.2Years in the industry of the Bid4
2.2Employee and/or business technical/business experience, certifications, licenses4
2.3Continuity of Operations Plan (COOP)4
2.4Emergency Response Capabilities4
2.5Financial stability including bankruptcy, litigation, and contract defaults5
2.5.1Bankruptcy, litigation, and contract defaults5
2.5.2Annual Gross Revenue5
2.6References and reference information and/or requirements5
3COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS5
3.1Geographic coverage5
3.2Ordering and Quotes6
3.3Environmental Specifications6
3.3.1Bidder Current Environmental Practices Form6
3.4Compensation Structure/Pricing6
3.4.1Interpretation:7
3.4.2Translation:7
3.4.3Cost tables/Price Sheet/Pricing (Maximum/Cap Rates)7
3.4.4Project Based Compensation8
3.4.5Hourly or Fixed-price fees8
3.4.6Volume purchase discounts (VPD)8
3.4.7Commuting expenses8
3.4.8Standard Business Expenses8
3.4.9COMMBUYS Setup8
3.4.10Prompt Pay Discount8
3.4.11Authorized Price Changes9
4SUPPLIER DIVERSITY PLAN (SDP)9
5EVALUATION CRITERIA9
5.1Mandatory Requirements9
5.2Alternatives9
5.3Evaluation Components10
5.3.1Price10
5.3.2Business Experience10
5.3.3Business Capacity/Quality10
5.4Best Value Selection and Negotiation10
6INSTRUCTIONS FOR SUBMISSION OF RESPONSES10
6.1Electronic Signatures10
6.2Limits and Restrictions11
6.2.1Document Pages11
6.2.2File Format Restrictions11
6.2.3File Naming Conventions11
6.3General Quote Requirements, Provisions, and Prohibitions11
6.3.1Quote Content11
6.3.2Non-Collusion11
6.3.3Multiple Quotes11
6.3.4Minimum Quote Duration11
6.3.5Bidder’s Contact Information11
6.3.6Ownership of Submitted Quotes11
6.3.7Prohibitions12
6.3.8Public Records Law12
6.3.9Reasonable Accommodation12
7REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD12
7.1Ink Signatures on Required Forms12
7.2Use of COMMBUYS13
7.3Statewide Contract Vendor Communications Protocol13
7.3.1Changes to Contractor’s information13
7.3.2Contractor account team13
7.3.3Single Point of Contact13
7.3.4Replacement of Contractor Staff13
7.3.5Adding services only in accordance with the Statewide Contract13
7.4Performance Measures13
7.4.1Continued qualification based on performance14
7.4.2Failure to perform contractual obligations14
7.5Adding additional contractors14
7.6Reporting Requirements and Due Dates14
7.6.1Reporting and Payment Due Dates14
7.6.2Quarterly Sales, Supplier Diversity Program expenditure, and Environmentally Preferable Products report14
7.6.3Statewide Contract Administration Quarterly Fee Payment and Report14
7.6.4Audit15
7.6.5Other Terms15
7.6.6Ad hoc reports16
7.7Payment Related Terms16
7.7.1Bill Payment16
7.7.2Late Payment Fees16
7.7.3Electronic Funds Transfer (EFT)16
7.7.4Creditworthiness16
7.7.5Tax Exemption16
8RFR APPENDICES16
8.1APPENDIX 1 – Required Terms for all Statewide RFRs16
8.1.1Applicable Procurement Law16
8.1.2General Procurement Information16
8.1.3Terms and Requirements Pertaining to Awarded Statewide Contracts17
8.2APPENDIX 2- Instructions for Vendors Responding to Bids Electronically through COMMBUYS19
8.3Appendix 3: RFR – Other Specifications: Detailed Scope of Categories21
8.3.1Interpreters:22
8.3.2Telephonic/Video Remote Interpretation (VRI) Services:22
8.3.3Translators:23
8.4Appendix 4: RFR – Additional Specifications for Performing Services for the State 911 Department23
9GLOSSARY24

REQUEST FOR RESPONSE PRF75 Foreign Language Interpretation and Translation Services

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the PRF75 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Foreign Language Interpretation and Translation Services. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace Statewide Contract PRF63.The Contract will also be available for use by other Eligible Entities.

The objective of this solicitation is to provide continuously available telephonic, video remote interpretation (VRI), in-person interpretation, and document translation services from a wide-array of independent, experienced, and qualified contractors. These independent contractors may be businesses or individuals.

Estimated Procurement Calendar

Action
Date
Announcement of Intent to Procure
January 19, 2021
Bid Release Date
March 10, 2021

Pre-bid Conference The pre-bid conference will be a zoom session. Please register in advance for this meeting:

https://us02web.zoom.us/meeting/register/tZMuc-6vqzsoEt3RpqhK3viQgsC-Xqm2fh92 After registering, you will receive a confirmation email containing information about joining the meeting.

March 18, 2021, 10:30 a.m.-12:00.

R.S.V.P. by March 12, 2021 4 p.m.

Deadline for submission of written questions through COMMBUYS “Bid Q&A”
March 26, 2021 at 4:00pm
Official answers for Bid Q&A published (Estimated)
April 2, 2021 at 4:00pm

April 2, 2021 at 4:00pm

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available:

March 24, 2021 @ 1:00p.m – 2:00p.m.

April 8, 2021 @10:00a.m. – 11:00a.m.

Online Webinar:

Locate and Respond to Bid Solicitations in COMMBUYS (screencast.com)

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.
April 2, 2021

April 7, 2021

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)
April 14, 2021

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)
May 14, 2021
Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)
July 1, 2021

*See Appendix 2, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit Vendor Training Courses | Mass.gov for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional but is strongly recommended. Please see PRF75 bid solicitation in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received completed and in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received incomplete, with missing documentation or requirements, or after the deadline for submission will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is three (3) years. In addition, this Contract has one (1) option to renew of up to two (2) years with a maximum possible contract duration of five (5) years.

Performance and payment time frames which exceed Contract duration All agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than six months beyond the final termination date of this Statewide Contract. No new agreements for services may be executed after the Contract has expired. Any contractor entering new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to, mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $25 million. The Commonwealth makes no guarantee that any services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY2017 to FY2020.

Estimated Number of Awards There is no target maximum number of Contractors for this procurement. Bidders will be selected for award once the established evaluation criteria are met.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance and compliance with reporting requirements.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

Check All Applicable (“X”):
Category
|X|
Fee-For-Service
|_|
Outright Purchase
|_|
Rental (not to exceed 6 months)
|_|
Term Lease
|_|
License
|_|
Other:

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

bidder qualifications Company experience Business background Bidders must submit as a separate attachment to this bid response, a Bidder’s Profile which describes at a minimum the Company’s experience, company locations, and includes an organizational chart showing the titles and number of staff who will be providing services under the contract resulting from this RFR. This should be labeled “Bidder’s Profile” and should not be more than one page 2-3 pages in length.

Years in the industry of the Bid Bidders must have been in the business of providing foreign language interpretation and translation services for at least the three most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Employee and/or business technical/business experience, certifications, licenses Bidders must provide a summary of technical/business experience and list all certifications, licenses, Affiliations and memberships on Attachment A Bidder Response Form and submit electronic copies of certifications and licenses. Certification, Licenses, Affiliations, and Memberships relevant in this industry should be included in this Bid. These are to include, but not be limited to the following: American Translation Association Organizational Certification, Association of Language Companies, Certification Commission for Health Care Interpreters, National Board of Certification for Medical Interpreters, International Association of Conference Interpreters and International Federation of Translators. Bidders are also encouraged to include any Certification of Completion/Participation/Attendance that they may have received from training in interpretation and/or translation.

Continuity of Operations Plan (COOP) Bidders should include as a part of the continuity of operations plan their technology capability to transition business operations seamlessly in a situation of business disruption. This plan needs to also include video conferencing capabilities, software capabilities and a relocation plan for personnel and the business operations should this become necessary.

Bidders may be required to provide a list of their interpreters and contact information to the hiring eligible entity. This is required for use only in emergency situations in which the interpreters need to be contacted directly (for example for contact tracing) and will not be shared with anyone else. Interpreters’ privacy will be protected.

Emergency Response Capabilities Bidders may be required to provide on-call emergency Interpretation services. Bidders providing telephonic or Video Remote Interpretation (VRI) services MUST be available to provide Services 24 hours a day, 7 days a week.

Use of Subcontractors:

The Bidder must identify any subcontractors that will be used under the Statewide Contract including the names of subcontractor(s) and list of service(s) they are qualified to provide. Bidders must also indicate whether these subcontractors are necessary for performance of the duties required under this initiative (i.e. the loss of subcontractor may affect the Bidder's ability to fully meet the functional requirements of the contract or any resulting “Statement of Work” (SOW) or are easily replaceable, awarded contractors may propose new subcontractors over the contract term as needed. The SST reserves the right to not approve any proposed subcontractors.

Financial stability including bankruptcy, litigation, and contract defaults Bankruptcy, litigation, and contract defaults Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

Annual Gross Revenue Bidders must state their total gross revenue figures for calendar years 2018, 2019 and 2020.

Bidders must supply a certificate of good standing from the Department of Revenue.

References and reference information and/or requirements Complete Attachment E Reference Form (All bidders must list at least three (3) business references for which they have supplied similar services on a similar contract within the past twenty-four months.) Failure to provide 3 references and valid email addresses may result in disqualification.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

This contract includes 4 categories of service as listed below.

· Category 1: In-Person Interpretation Services

· Category 2: Translation Services

· Category 3: Telephonic Interpretation

· Category 4: Video Remote Interpretation

See Appendix 3 for a detailed description of the scope of the categories.

Geographic coverage Vendors of PRF75 are expected to collectively provide service to cover the entire State of Massachusetts as detailed in the below County Map. Each Bidder must indicate in their bid the counties that their service will cover or, alternatively, if they will provide services to cover the entire State. Please click on the following link to see a list of cities and towns in each county: https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Counties

· Berkshire

· Hampshire

· Franklin

· Worcester

· Hampden

· Middlesex

· Essex

· Suffolk

· Norfolk

· Plymouth

· Bristol

· Barnstable

· Dukes

· Nantucket

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only services that the Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at EPP Program Policies | Mass.gov https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidder Current Environmental Practices Form Bidders must complete the Bidder Current Environmental Practices Form, Attachment F to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts.

Compensation Structure/Pricing The cost associated with interpretation and translation services with regards to service delivery, including but not limited to, development, editing, and finalization of the product must be included in the per hour (Interpretation) or per word (Translation). These expenses will be the responsibility of the vendor and the vendor will not be reimbursed separately for these costs.

Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS.

Purchasing Entities and vendors may negotiate lower rates for any assignment under PRF75.

Interpretation:

There is provision for a one-hour minimum fee to be charged to the Purchasing Entity for the following unexpected events:

· Cancellation charge for an assignment canceled by a Purchasing Entity within 24 hours of the day preceding scheduled arrival of an Employee(s);

· Any appointment canceled by the Purchasing Entity at the site, provided the Contractor is performing within the stated parameters of the assignment.

· Other unusual circumstances approved by the Purchasing Entity;

· Any appointment in which the performance time for services is for less than one full hour;

Contractors may waive this minimum if negotiated with and agreed to by the Purchasing Entity in writing prior to the delivery of service; and for unplanned services requested outside a Purchasing Entity’s normal operating hours, an interpreter may be compensated one additional hour if negotiated with and agreed to by the Purchasing Entity in writing prior to the delivery of service.

Based on the proposals received in response to this RFR, the Commonwealth will determine whether a one- hour or two-hour minimum fee should apply for the following:

· In person Interpretation Services

· Video Remote Interpretation (VRI) Services

A substitution of an interpreter other than the assigned interpreter may require advance notice of change in personnel.

Translation:

The compensation structure for translation services will be based per word, project based, or flat rate. The per word rates will be established at the time of this contract and can be further negotiated with each hiring agency at the time of the project award. Pricing will be provided in the form of a quote.

Costs associated with translation, completion time and estimated total cost will be negotiated between the Purchasing Entity and the Contractor prior to each assignment.

Translators will be paid for any performance completed at their proposed per word rate from Source Language (the language of the document being translated) to the Target Language for the following unexpected events:

· Any assignment canceled by the Purchasing Entity prior to completion by the Contractor, provided the Contractor is performing within the stated parameters of the assignment.

· Any assignment modified by the Purchasing Entity prior to completion by the Contractor; and other unusual circumstances approved by the Purchasing Entity.

Cost tables/Price Sheet/Pricing (Maximum/Cap Rates) Compensation will be based solely on the cost tables/price sheet supplied by the Bidder and accepted by the SST and published on COMMBUYS. Cost tables must contain all services to be provided on this PRF75 Statewide Contract. Compensation will be based on these cost tables/price sheet, which will form the basis for the Contractor’s pricing structure in COMMBUYS. The cost tables must include the maximum price per hour of interpretation, and the maximum price per word for translation. Interpretation Services Rates are to be listed at Contractor’s rate for each language offered by Contractor per hour with both a minimum billing of one (1) hour and two (2) hours. Rates for Translation Services offered are to be the maximum price per word for each language. Maximum rates must include price charged for an individual’s work, materials including copying and printing, communications costs, overhead rates, weekends, holidays, and any other ancillary charges. Maximum prices shall be final and in effect for the duration of PRF75.

The final pricing for a project may be negotiated and agreed at the time of the project award, between the successful vendor and the hiring purchasing entity, at a rate that is lower than the maximum/cap rates.

Project Based Compensation Awarded vendors may be asked by a Purchasing Entity to provide a project-based price instead of what has been established by the maximum/cap billing rates provided under this solicitation. Under such requests, contractors must include any and all ancillary services in the project price.

Purchasing Entities under no circumstances will pay additional invoices for services or reimbursements not previously agreed-to which relate to project-based engagements.

Purchasing Entities and vendors may negotiate lower rates for any assignment under PRF75.

Hourly or Fixed-price fees (Please see Attachment B Cost Table/Price Sheet) Volume purchase discounts (VPD) To be reflected on cost table/price sheet.

Commuting expenses Commuting or travel expenses will not be reimbursed.

Standard Business Expenses Business expenses will not be reimbursed.

COMMBUYS Setup The Commonwealth contract manager will establish and enable an MBPO in COMMBUYS which will include line items for all awarded categories of services.

Commonwealth commodity codes are based on the United Nations Uniform Product and Service Code (UNSPSC) and will provide Purchasing Entities with the capability to order only those services authorized by the vendor’s contract with the Commonwealth from the Contractor using COMMBUYS. The Contractor is required to maintain the authorized categories for the duration of the contract and must receive prior approval from the Sourcing Manager before posting any updates or changes, which must be consistent with the terms of the contract.

Commonwealth Agencies may be required to obtain quotes from multiple Statewide Contractors prior to issuing a Purchase Order. This will be done by issuing Closed Bids in COMMBUYS to awarded Contractors. Contractors will be required to use COMMBUYS to submit quotes in response to said Closed Bids. Purchase orders under this contract will be based on awarded Quotes.

Responding to COMMBUYS quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Please refer to Section 3.2 for further details.

Executive Agencies and other eligible entities participating in the COMMBUYS e-procurement system will place their orders through COMMBUYS and awarded vendors are responsible for checking for quotes and purchase orders through COMMBUYS system. Nonexecutive purchasing entities may order outside of the COMMBUYS system through telephone, fax, or email.

Awarded Contractors are required to maintain an active registration in COMMBUYS, and to maintain a current email address for the Contractor's contact person. Please refer to Section 7.2 for further details.

Prompt Pay Discount All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

Authorized Price Changes Rates agreed between the successful vendor and the Commonwealth for Interpretation and Translation Services shall remain in effect through the entire duration of PRF75.

A review of rate change will only be authorized by the Contract Manager and the SST jointly.

SUPPLIER DIVERSITY PLAN (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 10% or more of the total available 100% evaluation points. Note: this does not mean that the bidder must commit 10% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

EVALUATION CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive 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.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Mandatory Requirements Completion of Bidder Response Attachment A (all sections) and all additional Bid documents requiring completion, Attachment B (Cost Table/Price Sheet), Attachment D (Bidder Qualifications), Attachment E (Reference Form), are mandatory.

Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant, or if it can be corrected or clarified.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

Alternatives Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated Bid specifications. These alternatives may include related services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

Bidders who wish to offer an alternative to this proposal should also include a proposal response in keeping with the requirements of this RFR.

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Proposal:

· References - A minimum of three references is required, to be included in this Bid submission

· Prompt pay Discount

· Environmentally Preferable Products

· Supplier Diversity Plan (minimum of 10% weight of the total available 100% evaluation points)

Price Please note that price will be a component in the evaluation process.

The following price components of CORE languages as indicated in Attachments B cost table/price sheet will be evaluated:

· Hourly rates

· Minimum hours worked/charged

· Per word rates

· Per minute rates

· Volume Discounts Business Experience Minimum three years relevant experience in the industry is required by Bidders to qualify for award Business Capacity/Quality Certification, Licenses, Affiliations, and Memberships relevant in this industry should be included in this Bid.

This is to include, but not be limited to the following: American Translation Association Organizational Certification, Association of Language Companies, Certification Commission for Health Care Interpreters, National Board of Certification for Medical Interpreters, International Association of Conference Interpreters and International Federation of Translators. Bidders are also encouraged to include any Certification of Completion/Participation/Attendance that they may have received from training in interpretation and/or translation.

Best Value Selection and Negotiation The SST may select the Vendors(s) Proposal(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s proposal which results in lower costs or a more cost effective outcome or better value than was presented in the selected Bidder’s original proposal.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 2.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Limits and Restrictions Document Pages Excluding the space provided on the Bidders Response Form, Bidders should submit no more than one (1) page (excluding the required forms and attachments) of narrative in response to the questions asked and information requested.

If Bidders exceed the page limits, the SST may make provisions to penalize the Bidder in the Evaluation Criteria, read and evaluate only those pages up to the page limit referenced above or take other steps as determined by the SST.

File Format Restrictions Bidders must submit file formats readable by MS Word 2000 or later, or by Adobe Acrobat Reader or MS Excel and submit all documents in zip file format.

All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, except for the forms requiring ink signatures, must be completed, and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified in the Bidders Response Form Attachment A. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [] some systems apply when files are downloaded from the Internet.

General Quote Requirements, Provisions, and Prohibitions Quote Content Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Non-Collusion By submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Multiple Quotes Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Minimum Quote Duration Bidders’ Quotes to this RFR must remain in effect for at least 90 days from the date of Quote submission.

Bidder’s Contact Information It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person. The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Ownership of Submitted Quotes OSD and the SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via their COMMBUYS account, if their account is active.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

Public Records Law All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted Quotes that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

The requirements below are specific to the Statewide Contract, if any, awarded as a result of this Bid. Awarded Bidders (Contractors) must also comply with the requirements stated in Terms and Requirements Pertaining to Awarded Statewide Contracts.

Ink Signatures on Required Forms Original ink signatures are required only after contracts have been awarded only when a Bidder has been notified that they are an apparent successful bidder. DO NOT SUBMIT THESE FORMS UNTIL INSTRUCTED TO DO SO. The Commonwealth of Massachusetts requires Contractors apparent successful bidders to submit original ink- signature versions of the following forms:

· Standard Contract Form (watermarked version attached for reference)

· Commonwealth Terms and Conditions (signing the Standard Contract Form signifies acceptance of the Commonwealth Terms and Conditions) (watermarked version attached for reference)

· Contractor Authorized Signatory Listing

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

· Electronic Funds Transfer Sign Up Form

· Supplier Diversity Program (SDP) Plan Form 2 Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool, must still submit the above forms with ink signatures within the specified time outlined in their award notification letter received from the Commonwealth, or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature version of the Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth. Please note that the Commonwealth deems void any changes made on or by attachment to the terms in any of these published forms and that, by submitting a bid in response to this RFR, the bidder agrees that they will sign these forms if notified that they are an apparent successful bidder.

Use of COMMBUYS Awarded Contractors are required to maintain an active registration in COMMBUYS, and to maintain a current email address for the Contractor's contact person. That email inbox must be monitored for communications, including bids and notifications from COMMBUYS, OSD, and Eligible Entities. The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical issues, such as email filtering, computer, network, or ISP problems, cause email communications to be lost or rejected. Awarded contractors must comply with applicable COMMBUYS requirements outlined in Section 8.1.2.

Statewide Contract Vendor Communications Protocol All awarded contractors will be expected to comply with the following:

· All Statewide Contract questions must be directed to the Commonwealth Contract Manager.

· Make appropriate staff available for periodic meetings with the Commonwealth Contract Manager.

· Provide timely responses to requests.

· Maintain professionalism and courtesy in dealings with OSD and eligible entities.

Changes to Contractor’s information Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

Contractor account team The PRF75 Contract Manager must be informed of any changes in the vendor’s account team. The vendors shall also provide current contract information, including telephone numbers and email addresses of all persons on the contract account team.

Single Point of Contact Designate a Single Point of Contact (Contractor Contract Manager) for communications with the Commonwealth Contract Manager.

Replacement of Contractor Staff Promptly notify the Commonwealth Contract Manager regarding Replacement of Contractor staff.

Adding services only in accordance with the Statewide Contract A request for the addition of services to PRF75 Statewide Contract must be submitted by the Purchasing Entity in writing to the Contract Manager. The Contract Manager along with the SST reserve the right to add additional languages or other modes of delivery of services beyond those stated in this RFR as the needs of the Purchasing Entities require.

Performance Measures During the life of any contract resulting from this RFR, all contractors will be required to comply with Performance Measurements as directed by the Contract Manager on behalf of the SST. Contractors must resolve complaints within ten (10) days of a written complaint to the Contract Manager and SST. Additionally, the below are the performance measurements that will be in place to govern this contract:

· First Pass Yield—Overview of the number of translations approved by the Commonwealth at the time of first delivery without re-work or significant errors.

· On-Time Delivery—completion of the agreed scope within the agreed-upon deadlines.

· Average Cost per Word—savings through leveraging and other technology or process improvements.

· Changes in project scope during active projects

· Difference between quoted and invoiced project prices.

Continued qualification based on performance In order to remain on this Statewide Contract, Bidders must at a minimum meet the requirements regarding performance and reporting.

Failure to perform contractual obligations

Corrective Action, Suspension and Termination Failure to comply with contractual requirements of PRF75 may result in corrective actions by OSD’s Contract Manager, including, but not limited to implementation of corrective action plans, suspension, and contract termination.

Adding additional contractors If, over the life of the contract, the SSST determines that additional Contractors may be added, these may be drawn from qualified bidders which responded to this Bid but were not awarded Contracts.

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