REVISED Statement of Work eff 11022023.docx

**REVISED November 2, 2023**

STATEMENT OF WORK

INVITATION FOR BID

FOR

Sign Language Interpretation and Other Services

ISSUING OFFICE

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF GENERAL SERVICES

BUREAU OF PROCUREMENT

555 Walnut Street Forum Place, 6th Floor Harrisburg, PA 17101

IFB NUMBER

6100058867

DATE OF ISSUANCE

October 23, 2023

PART IV

STATEMENT OF WORK

TABLE OF CONTENTS

Part IV-1—GENERAL INFORMATION

Part IV-2—ELIGIBILITY REQUIREMENTS

Part IV-3—TASKS

Part IV-4— BILLING

Part IV-5— REPORTING AND PROJECT CONTROL

Attachment A – Hourly Rate and Service Location Attachment B – Domestic Workforce Form Attachment C – Lobbying Certification Form Attachment D – Iran Free Procurement Form Attachment E – Worker Protection Form Attachment F – Costars Election to Participate Form Attachment G – Standard Contract Terms and Conditions

IV-1. GENERAL INFORMATION

A. Purpose:

The Department of General Services (“DGS”) (“Issuing Office”) is issuing this Invitation for Bids (“IFB”) on the behalf of the Commonwealth to provide sign language interpretation and transliteration services, Video Remote Interpretation (VRI) services and Communication Access Realtime Translation (CART) services for all using agencies of the Commonwealth of Pennsylvania (“Commonwealth”).

The Commonwealth may request these services for a non-Commonwealth employee for situations including, but not limited to: interviewing a deaf or hard of hearing client for a job interview, appointments, medical assistance office interviews, taking a deposition and facilitating communication for the client in a medical, legal setting or proceeding for which the interpreter is qualified.

Internal Commonwealth requirements may include but not be limited to: daily business proceedings, on-the-job training, meetings, public presentations, conventions, workshops, and staff meetings.

B. Specific:

Act 172 - Court and Administrative Proceeding Interpreter Certification Law, Act 172 of 2006, was signed into law by Governor Rendell on November 29, 2006. It amends both the Administrative/Local Agency Law and the Judicial Code by respectively requiring the Department of Labor and Industry (Department) and the Court Administrator to establish parallel programs for the appointment and use of certified interpreters for persons with limited English proficiency and persons who are deaf and hard of hearing in administrative and court proceedings. The Department is also required to provide guidelines to agencies for the selection and use of otherwise qualified interpreters when a certified interpreter is not available.

https://www.pacourts.us/Storage/media/pdfs/20210214/184204-act172-000225.pdf

Additional information can be accessed at https://www.dli.pa.gov/Individuals/Disability-Services/interpreter/Pages/default.aspx

C. Method of Award:

The Commonwealth will award a contract to all responsible and responsive bidders for the types of services offered for the geographical area indicated on their bid submission who comply with Section IV.2 ELIGIBILITY REQUIREMENTS. Award of a contract only renders an awarded supplier to be eligible to perform services under the contract and does not guarantee that an awarded supplier will receive any work under the contract.

D. Best Value Determination (BVD):

When services are required, the Using Agency shall select one of the awarded suppliers based on best value or otherwise as indicated below.

Services under $10,000 in a fiscal year per supplier, per Agency Bureau:

No Request for Quote (RFQ) process is required for Services under $10,000 for a specific service in the county needed by the agency. Using Agency Bureaus may select any awarded contractor; however, they will need to document and attach to their purchase order the reasons for choosing the contracted supplier. Using Agencies should confirm contractors’ availability for the scheduled engagements/proceedings or group of engagements/proceedings in advance and may contact contractors to seek reductions in price. All qualified contractors for the applicable service location shall be afforded fair and equal treatment with respect to any opportunity to offer reduced pricing. If a PO is not created, the agency must maintain the information in their files.

For services under $10,000 in a fiscal year, Using Agencies may procure services in accordance with Management Directive 310.23 Commonwealth Purchasing Card Program. http://www.oa.pa.gov/Policies/md/Documents/310_23.pdf

Services over $10,000 in a fiscal year:

Using Agencies are required to solicit all awarded contractors who can provide the specific service in the county needed by the agency and make a best value selection. The best value selection shall, in addition to price, include consideration of the contractor’s availability; capacity; small diverse business and small business participation; and domestic workforce utilization. The Supplier selected by a Commonwealth agency shall receive a Purchase Order (PO) for performance of the needed services. A Commonwealth agency may issue blanket purchase orders to one or more selected contractor(s) and then may use the selected contractor(s) on an as needed basis and pay only for the services rendered.

When soliciting awarded suppliers (and attached to any Request for Quotes), agencies shall include their Statement of Work outlining their specific requirements.

**NOTE: Any products and services that do not have an existing software license agreement with the Commonwealth or approved Computing Services Requirements requires the Commonwealth Agency to enter into a software license agreement, submit a new Computing Services Requirement, and receive COPPAR approval, before purchasing.

E. Contract Term:

The contract shall commence on the Effective Date or January 1, 2024, and expire on December 31, 2025.

Contracts may be renewed three (3) additional one (1) year terms by mutual agreement between the Commonwealth and the supplier(s) per Section V.3 CONTRACT-002.2b Renewal of Contract Term – Mutual (Oct 2013) of Attachment G - Standard Contract Terms and Conditions.

F. Issuing Office:

The Department of General Services (“Issuing Office”) has issued this IFB on behalf of the Commonwealth. The sole point of contract in the Commonwealth for this IFB shall be Peggy Trevenen, the Issuing Officer for this IFB. Please refer all inquiries to Peggy Trevenen, Issuing Officer, via email at petrevenen@pa.gov

G. Questions and Answers:

If a bidder has any questions regarding this IFB, the bidder must submit the question(s) via email with the subject line “6100058867 Questions” to the Issuing Officer named above. Questions(s) must be submitted via e-mail no later than 3pm EST, October 30, 2023. The Issuing Officer shall post as addendum to this IFB the answers to the questions on the DGS website. It is the responsibility of the bidder to monitor the DGS website for new or revised information.

IV-2. ELIGIBILITY REQUIREMENTS:

Bidders interested in submitting a bid to become an awarded supplier must meet the eligibility requirements set forth in this statement of work. Bidders who fail to meet these requirements may result in bid rejection.

A. Supplier Registration:

Interested bidders must register as a supplier on the PA Supplier Portal at www.pasupplierportal.state.pa.us prior to contract award. If your company is already registered in the PA Supplier Portal, registration is not necessary. Prior to registration, it is strongly encouraged that you review and print the New Supplier Registration Guide available through the Supplier Service Center link on the PA Supplier Portal webpage: https://www.dgs.pa.gov/Materials-Services-Procurement/Supplier-Service-Center/Pages/default.aspx. Also available on Supplier Service Center is helpful information on SRM (Supplier Relationship Management), including its features and the benefits for your organization, as well as other topics designed to provide you with the answers you need and access to staff that can provide assistance. Should you have any questions or issues related to SRM and/or the registration process, please feel free to contact the Supplier Service Center at 877-435-7363, Option 2.

B. Office of Deaf and Hard of Hearing (“ODHH”) Registration:

1. Interpreters must be registered with the Department of Labor and Industry, Office of Deaf and Hard of Hearing, as specified by Act of July 2, 2004, P.L. 492, No. 57 CI 63.

2. Independent interpreters must provide a legible copy of their registration from ODHH with their bid.

3. For subcontracted services, it is the responsibility of the Prime Contractor to obtain proof of registration with ODHH from their independent and staff interpreters prior to their assignment to agencies under the governor’s jurisdiction. The contractor shall provide a copy of the interpreters’ state registration upon request from DGS or the using agency.

4. If an interpreter cannot provide a current ODHH registration card and/or loses their privileges, all services shall be immediately suspended with that interpreter and all work shall cease and desist. The interpreter, if reinstated with ODHH, may be allowed to return to duties provided the proper documentation is submitted to DGS.

5. Each Independent and Prime contractor must provide notification within five (5) calendar days to DGS Contracting Officer of any interpreter who loses ODHH registration.

C. Bid Submission:

Bids MUST be electronically received through the PA Supplier Portal. To be considered for Contract award, bidder must complete and return the following documents in response to this IFB.

· Attachment A - Hourly Rate and Service Location – Potential bidders shall indicate what services as well as location they can provide services by completing Attachment A.

· Attachment B - Domestic Workforce Form

· Attachment C - Lobbying Certification Form

· Attachment D - Iran Free Procurement Certification & Disclosure: Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, a bidder must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the Pennsylvania Department of General Services (“DGS”) pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e). All bidders must complete and return the Iran Free Procurement Certification form, which is attached hereto and made part of this IFB. The completed and signed Iran Free Procurement Certification form must be submitted with the Bid Response. See the following web page for current Iran Free Procurement list:

https://www.dgs.pa.gov/Materials-Services-Procurement/Procurement-Resources/Pages/default.aspx

· Attachment E - Worker Protection Form and Investment Certification: Pursuant to Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth is responsible for ensuring that every Pennsylvania work has a safe and healthy work environment, and the protections afforded them through labor laws. To that end, contractors and grantees of the Commonwealth must certify that they are in compliance with all applicable Pennsylvania state labor and workforce safety laws. Such certification shall be made through the Worker Protection and Investment Certification Form (BO2201) (Attachment E). The completed and signed Worker Protection Certification Form shall be submitted with the bid response.

· Attachment F - Costars Election to Participate Form

· Copy of ODHH registration as described in Section IV-2. ELIGIBILITY REQUIREMENTS, Section B.

IV-3. TASKS

A. Account Management:

Point of Contact: the awarded Contractor shall maintain one (1) point of contact for DGS contracting officer and Agencies to utilize. The name and contact information must be available to address scheduling issues, complaints, and any other issues that arise during business hours. In the event the awarded Contractor has a change of key contract staff, the contract administrator is to be notified immediately. The point of contact shall be referenced on Attachment A – Hourly Rate and Service Location, worksheet tab, Supplier Contact Information.

B. Types of Services:

1. Medical Interpretation The Commonwealth’s requirements for interpretation service may include medical interpreters. These interpreters must have a thorough knowledge of medical terminology, be familiar with medical procedures and the roles of healthcare staff and be sensitive to issues such as the patients’ autonomy, cultural differences, and the medical personnel’s need for accurate information.

The awarded Contractor(s) will be required to provide interpreters to work in medical surroundings including, but not limited to, hospitals; doctors’ offices; emergency rooms; clinics; mental health venues; locations of Workers Compensation exams; blood banks; and dialysis centers.

2. Legal Interpretation The Commonwealth’s requirements for interpretation services may include legal interpreters to interpret for court, legal and administrative proceedings.

The interpreters must have knowledge of legal terminology in both target and source languages and be familiar with the Rules of Procedure of the Commonwealth of Pennsylvania, Federal Rules of Procedures, Rules of Civil Procedures, Rules of Criminal Procedures, and Federal Rules of Evidence for both the courtroom and the sworn deposition statement. Further, interpreters must be familiar with legal terminology and procedures related to Family Law, Civil Law, Probate Law, and Criminal Law and the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges.

Interpreters must show respect to the court and for the judicial and administrative process both in attire and in conduct. Interpreters may be requested to be removed from proceeding if the judge\agency determines interpreters are not meeting the requirements. In such case, there will be no payment for unprofessional services.

3. AOPC Certified Interpreters

The awarded Contractors will be required to provide levels of certified interpreters as requested by the agencies. It is the responsibility of the Contractors to contact the certified interpreters on the current AOPC listing and arrange availability of their services to fulfill the service requirements of the Commonwealth. Additionally, it is the responsibility of the awarded Contractors to make sure the AOPC interpreters understand that when Commonwealth agencies request a certified interpreter, it will be through the resulting contractors and the schedules of interpreters will be administered with the awarded Contractors.

Contractors may obtain a copy of the AOPC Interpreter Roster at https://www.pacourts.us/judicial-administration/court-programs/interpreter-program/interpreter-resources/

It is recommended that this list be viewed periodically as the roster is continually updated to maintain and fulfill Commonwealth needs. The Commonwealth expects the Contractors to keep its agreements with as many of the AOPC interpreters as possible.

Effective January 1, 2023, the Administrative Office of Pennsylvania Courts (AOPC) published an Interpreter Compensation Fee Schedule. Pursuant to 42 Pa.C.S.A. §4411(d) and §4431(d), the Court Administrator establishes the following schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters used in judicial proceedings.

Interpreters shall be paid the above rate from the AOPC schedule to accommodate levels of certification as requested by each agency. Contractors who provide AOPC interpreters to include an administrative hourly fee which is in addition to the hourly rates outlined above. The administrative fee should be entered under the Legal & AOPC column of Attachment A, Hourly Rate and Service Location Rev 11022023, next to the county/counties where such service is available.

4. Video Remote Interpretation (VRI) The awarded Contractors will be required to provide VRI when requested by each agency, either on-demand or scheduled. Individual, Audience – virtually, or Audience – via large screen, broadcasting, or streaming, with a two (2) hour minimum, shall utilize an interpreter by way of a computer with a webcam and internet connection or a tablet using a cellular connection. Always test equipment and Wi-Fi connection before beginning the interpreting session.

5. Remote CART Captioning The Commonwealth’s requirements for Communication Access Realtime Translation may include Word-for-Word, Real-time conversion of speech into verbatim text. The translator may provide the service individually with a one-hour minimum to an audience either virtually or large screen broadcast streaming. The display must be visible to as much of the audience as possible, ensuring the font is large enough and stands out from the background, at least two lines shown on each display, and remaining visible to read. Have Certified Realtime Captioner and be able to provide proof with the bid.

6. Onsite CART Captioning The Commonwealth’s requirements for Communication Access Realtime Translation may include Word-for Word, Real-time conversion of speech into text verbatim text. The translator may provide the service individual with a two-hour minimum or to an audience, large screen broadcast streaming with a two-hour minimum. The display must be visible to as much of the audience as possible, ensuring the font is large enough and stands out from the background, with at least two lines showing on each display, and remaining visible long enough to read. Have Certified Realtime Captioner and be able to provide proof with the bid.

7. Remote C-Print, Typewell, 1 Captioning The Commonwealth’s requirements for Communication Access Realtime Translation may include C-Print, Typewell, 1Captioning, meaning for meaning real time conversion of speech into summarized text. The contractor must be able to supply all software, software license, machines, devices as needed.

8. Offline Captioning Transcription The Commonwealth’s requirements for Communication Access Realtime Translation to create a timed captioning transcript from pre-recorded material. Transcripts may be uploaded to a streaming video or provided to video producers to add into the workflow. The transcriber must provide certification as a court reporter or show proof of 1 year experience as a court reporter.

C. Specific Interpreter Request:

Commonwealth agencies may require the same interpreter for a proceeding in which he or she interpreted previously.

D. Interpreter Arrival / Security:

The interpreter may be required to arrive at least 15 minutes prior to the scheduled time of the on-site service and be ready to receive any instructions from the requesting agency or to prepare for the proceeding. This time will be included in the two (2) hour minimum for payment purposes. The Contractor is responsible for taking all necessary actions to obtain adequate transportation, accurate times, locations, directions, telephone numbers, contact person(s) and any other information or actions to ensure that they are present at the proper location and time. The Contractor must be aware and adhere to any security clearances if applicable at the agency’s location. Note: the security clearance procedure may require the interpreter to provide photo identification.

E. Interpreter and Contractor Availability:

1. Because of the various agencies utilizing these services, interpreters must be available on business days, during Commonwealth business hours from 7AM to 6PM EST. Additionally, there must be coverage in the prime contractor’s office from 8:00AM to 5:00PM EST for agencies to contact the Contractor as needed. Between 5:00PM and 7:00 AM, and on non-business days, interpreters and contractor(s) must have a voice mail mechanism for an agency to leave a message and messages returned within 24 hours. Interpreters may be needed on weeknights and weekends on occasion, for engagements such as town meetings, or Commonwealth facilities requiring services.

2. Agencies may require On-Call status, which requires the interpreter to provide service at the discretion of the agency when interpreters are not present on grounds. When designated On-Call, the interpreter must be within twenty (20) minutes travel time to the location, must be able to respond to emergencies, and provide interpretation service once at the location. When agencies need On-Call coverage, the service will be requested on the using agency’s Best Value Determination request.

Agencies may require interpretation services without being able to provide the Contractor with advance notice. For the purposes of billing the Commonwealth, Short Notice of requested services is defined as notification to the Contractor in less than Twenty-Four (24) hours. On-Call, Emergencies, and Short Notice services shall be billed to the Commonwealth as the same rate.

F. Accuracy:

The interpreter shall be responsible for accurate communication between individuals with and without hearing loss, taking into consideration the cultural or linguistic differences.

G. Student Interpreter in Training:

The Contractors must be flexible to allow an interpreting student and/or mentor to observe his/her work from time to time. The Contractors have the right to refuse an interpreting student at an assignment if the Contractor deems it not to be appropriate. The Contractor must be told in advance that an interpreter student might be observing and provide the opportunity to the interpreter to refuse the assignment. Contractor understands and accepts that an interpreting student and/or mentor is not paid for observing and/or training.

H. Team Interpreting:

Due to the complexity and length of requested interpretation, there may be instances where team interpreting may be needed to fulfill an assignment. It is the interpreter’s responsibility to inform and receive approval from the requesting agency when this would be applicable. The interpreter shall provide detailed information to the agency as to what kind of interpreter is needed, etc.

IV-4. BILLING

A. Minimum Payment:

Contractors shall be paid for a minimum of two (2) hours at the contractual rate of the requested language in the event the proceeding lasts less than 2 hours.

B. General:

Reimbursement shall be from the time the interpreter begins interpreting (including the scheduled time of arrival before the proceeding) until the proceeding is completed and the interpreter is dismissed.

C. Invoices:

1. Agencies may request a copy of invoices to be sent to them. This requirement will be specified in the agency Request for Quote (RFQ), if applicable. This would be in addition to the invoice submission as referenced in the Terms and Conditions, Section V.22 CONTRACT-015.2 Billing Requirements. For information about the Office of Budget’s e-invoicing program click:

http://www.budget.pa.gov/Programs/Pages/E-Invoicing.aspx

D. Travel:

1. Travel shall be reimbursed per https://www.oa.pa.gov/Policies/md/Documents/230-10.pdf. Any travel for an interpreter that would be more than 100 miles roundtrip must be pre-approved by the requesting agency. The contractor shall be responsible to provide interpreters as close to the service location as possible.

2. Parking fees incurred to fulfill the interpretation assignment will be reimbursed from the interpreter’s residence/business/employer’s address to the full-time assignment normal business location.

E. Commonwealth Cancellations:

If the Commonwealth agency cancels a service with less than two business days’ notice, the Contractor shall be reimbursed up to the scheduled hours but not to exceed 8 hours at the contractual rate of the requested service. As an example: If a service is scheduled for 4 hours and is cancelled with less than two business days’ notice, the contractor may bill for 4 hours. If a service is scheduled for two days (16 hours) and cancelled with less than two business days’ notice, the contractor may bill for 8 hours.

The Contractor shall submit an invoice up to the scheduled hours but not to exceed 8 hours and provide an explanation that the invoice is for a cancellation with less than two business days’ notice. If cancellation is less than two business days, the agency will call via telephone, leaving a voice message if no one is available. In an effort to notify the Contractor point of contact, an email will also be sent regarding the cancellation.

F. Contractor Cancellations of Interpreter Service:

If the awarded Contractor cancels a service with less than two business days’ notice, the agency will be reimbursed up to the scheduled hours but not to exceed 8 hours at the contractual rate of the requested language. As an example: If a service is scheduled for 4 hours and cancelled with less than two business days’ notice the agency may bill for 4 hours. If a service is scheduled for two days (16 hours) and is cancelled with less than two business days’ notice the agency may bill for 8 hours. The Contractor shall submit payment to the Commonwealth agency up to the scheduled hours but not exceeding 8 hours per instructions in the above Section C, Invoices.

G. Service Not Provided/No-Show:

In the event the Contractor’s interpreter is determined unavailable for a proceeding after it was scheduled and the Contractor does not provide a replacement interpreter (if requested by the Agency) OR a scheduled interpreter does not show up and the Commonwealth must utilize another Contractor’s interpreter, the awarded Contractor will be responsible to reimburse the Commonwealth Agency for the difference in costs incurred, plus a no-show fee of $75.00.

Interpreter replacement and cancellation notification will be by telephone call and/or message to the scheduler listed on the request.

If a team interpretation was required, and the Contractor did not provide another interpreter, provided the Commonwealth was informed of such, the contractor will not be charged a fee.

H. Late Arrival:

It is the responsibility of the interpreter to provide notice to the agency scheduler if they are running late (i.e. traffic, accident, etc.).

In the event an interpreter is late, and the agency utilizes the interpreter, the agency will only be billed for the time of actual services provided and a late fee of $75.00 will be assessed for each late arrival of an interpreter. The late fee shall be reimbursed to the Commonwealth agency. An agency is not required to use the interpreter if it is determined they cannot wait. No payment will be made in this case even if the interpreter shows up.

If an interpreter fails to provide notification of late arrival to the agency scheduler prior to the scheduled time of services, the agency at its discretion may contact another Contractor on contract for services. If a different contractor’s interpreter is utilized, no payment will be paid to the initial contractor and the initial contractor will be responsible for reimbursing the Commonwealth for the difference in cost incurred for the second contractor’s interpreter, plus the $75.00 late fee.

I. After Hours/Holidays:

Pricing for After-hours/Holidays will automatically populate at 1.5 times the standard hourly rate entered on Attachment A - Hourly Rate and Service Location. After-hours are considered the weekend hours of Friday 6PM to Monday 6:59AM and Tuesday, Wednesday, Thursday 6PM to 6:59AM of the next business day. Only hours during this time period will be paid at the increased rate. Commonwealth of Pennsylvania observed holidays are as listed below:

Holidays: The state holidays are as follows:

a New Year’s Day b Martin Luther King Day c President’s Day d Memorial Day e Juneteenth f Independence Day g Labor Day h Columbus Day i Veterans Day j Thanksgiving Day k Day after Thanksgiving l Christmas Day

J. Extended Stay Assignments:

For purposes of this contract, extended stay assignments are defined as more than 30 consecutive days of an assignment to one individual. Note Management Directive 230.10 Amended November 1, 2011 defines extended stay as 60 days. Parking, mileage, and tolls, plus overnight accommodations, and meals in accordance with Commonwealth Travel Regulations if approved by the contracting agency will be paid if the interpreter travels to a meeting, convention, etc. to assist their extended stay or permanent assignment.

Reimbursement will be handled as stated in Management Directive 230.10: Commonwealth travelers on official commonwealth business will receive reimbursement of actual expenses incurred in the performance of their duties within prescribed maximums with complete justification for incurred expenses that must be included with the submission of the travel expense report (TER). Justification includes matching receipts, approved expense verification methods, and/or when required, explanations in the corresponding comments section in the TER.

Submission of a TER must occur within 60 business days of the date of travel. Travel expenses are reimbursed by the Commonwealth within 15 business days of receiving an approved TER with all applicable attachments and receipts.

IV-5. REPORTING AND PROJECT CONTROL

The awarded Contractors shall submit to the DGS Contract Administrator a semiannual report. Reports shall be submitted to the contract administrator by January 15th and July 15th respectively. The report shall include:

1. The number of service requests and fulfilled requests by Agency and Program Location, the number of no shows and late arrivals.

2. Number of skilled interpreters the awarded Contractor has on staff for legal and medical interpretation, if awarded contractor is a company and/or referral service.

3. The amount invoiced to each using agency; the amount each using agency has paid to the Contractor, including any Commonwealth P-Card spend separately, and the amount due >90 days to include PO numbers.

4. Number of complaints by Agency, issue, status, name of interpreter and date resolved.

5. Performance measurements and any fees by quarter and on an annual basis.

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