RFP.210000002468.Captioning Services.ADA Compliance.pdf

Mich igan .gov/MiProcurement

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PROPOSAL INSTRUCTIONS

Department of Education

Captioning Services – American with Disabilities Act Compliance Request for Proposal No. 210000002468

Solicitation Manager Name: Carol Munroe Direct Phone:517-241-3329

Email: munroec@michigan.gov

This is a Request for Proposal (RFP) for:

Captioning Services for the Michigan Department of Education. Captioning

Services will be for live and offline captioning services in compliance with The American with Disabilities Act.

RFP Timeline

Event Time Date

RFP issue date N/A Thursday, August 5, 2021

Deadline for bidders to submit questions about this RFP

2:00 p.m. Eastern Tuesday, August 10, 2021

Anticipated date the State will post answers to bidder questions on www.michigan.gov/SIGMAVSS

Friday, August 13, Proposal deadline* 2:00 p.m. Eastern Thursday, August 19, 2021

Anticipated contract begin date N/A Friday, October 1, *A bidder’s proposal received at 2:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

http://www.michigan.gov/SIGMAVSS

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1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal.

RFP Structure and Documentation Document Description Bidder Response Instructions

Cover Page Provides RFP title and number, important dates, and contact information for Solicitation Manager

Informational

Proposal Instructions Provides RFP instructions to bidders

Informational

Confidential Treatment Form

Required verification on whether bidder’s proposal contains confidential information

Bidder to complete and submit by proposal deadline

Vendor Questions Worksheet

Questions to bidders on background and experience

Bidder to complete and submit by proposal deadline

Schedule A – Statement of Work

Statement of work Bidder to complete and submit by proposal deadline

Schedule B – Pricing Pricing for goods and services sought by the State through this RFP

Bidder to complete and submit by proposal deadline

Contract Terms Provides legal terms for a contract awarded through this RFP

Deemed accepted by bidder unless information required in the Evaluation Process section of this document is submitted by proposal deadline

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is:

Carol Munroe – Office of Financial Management – Michigan Dept. of Education 517-241-3329 munroec@michigan.gov Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

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3. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on www.michigan.gov/SIGMAVSS. This is the only method by which the RFP may be modified.

4. QUESTIONS. Bidder questions about this RFP must be emailed to Carol Munroe at munroec@michigan.gov no later than 2:00 p.m. EST on August 10, 2021. In the interest of transparency, only written questions are accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

Q # Document and Section Page # Bidder Question

5. DELIVERY OF PROPOSAL. Proposals are due by 2:00 p.m. on August 19, 2021 Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS.

The price proposal should be saved separately from all other proposal documents.

The bidder should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document.

Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

6. EVALUATION PROCESS: The State will evaluate each proposal based on the following factors:

Technical Evaluation Criteria Weight

1. General Requirements – Schedule A, Statement of Work, Section 1 30

2.

Service Requirements, Acceptance, Staffing/Personnel, Security – Schedule A, Statement of Work, Sections 2-4

3.

Project Management, Pricing, Ordering, Invoice/Payment – Schedule A, Statement of Work, Section 5-8

4. Vendor Questions Worksheet 20 Total 100 http://www.michigan.gov/SIGMAVSS mailto:munroec@michigan.gov

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Proposals receiving 80 or more technical evaluation points will have pricing evaluated and considered for award.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

The State strongly encourages strict adherence to the Contract Terms. The State reserves the right to deem a bid non-responsive for failure to accept the Contract Terms. Nevertheless, the bidder may submit proposed changes to the Contract Terms in track changes (i.e., visible edits) with an explanation of the bidder’s need for each proposed change. Failure to include track changes with an explanation of the bidder’s need for the proposed change constitutes the bidder’s acceptance of the Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may be considered non-responsive.

The State may but is not required to conduct an on-site visit to tour and inspect the bidder’s facilities; require an oral presentation of the bidder's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

7. NOTICE OF DEFICIENCY. The State reserves the right to issue a Notice of Deficiency to bidders if the State determines after the proposal deadline that a portion of the RFP was deficient, unclear, or ambiguous. Failure to respond to a Notice of Deficiency timely may be cause for disqualification.

8. CLARIFICATION REQUEST. The State reserves the right to issue a Clarification Request to a bidder to clarify its proposal if the State determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification.

9. RESERVATIONS. The State reserves the right to:

a. Disqualify a bidder for failure to follow these instructions.

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of your proposal does not commit the State to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the State received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or

(iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal if no other proposals are received.

e. Disqualify a proposal based on: (i) information provided by the bidder in response to this RFP; (2) the bidder’s failure to complete registration on http://www.legislature.mi.gov/(S(12rtpbjmznw1mn4opquus2gz))/mileg.aspx?page=getObject&objectName=mcl-18-1261 https://www.michigan.gov/SDVOB

Version 2021-2 Page 5 of 55 www.michigan.gov/SIGMAVSS ; or (3) if it is determined that a bidder purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the State in making its award decision.

g. Consider overall economic impact to the State when evaluating proposal pricing and in the final award recommendation. This includes but is not limited to:

considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, and economically disadvantaged businesses.

h. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award recommendation.

i. Refuse to award a contract to any bidder that has failed to pay State taxes or has outstanding debt with the State.

j. Enter into negotiations with one or more bidders on price, terms, technical requirements, or other deliverables.

k. Award multiple, optional-use contracts, or award by Contract Activity.

l. Evaluate the proposal outside the scope identified in the Evaluation Process section of this document if the State receives only one proposal.

10. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State.

Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in the Evaluation Process section of this document, and price, as demonstrated by the proposal. The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner it was originally published

11. DEBRIEF MEETING AND BID PROTEST. The State will post an Award Recommendation and Evaluation Synopsis which will provide instructions on how to request a debrief meeting.

If you wish to initiate a protest of the award, you must submit your written protest to Carol Munroe at munroec@michigan.gov no later than 12:00 p.m., five calendar days after posting the Award Recommendation and Evaluation Synopsis. The State reserves the right to adjust this timing and will publish any change.

Additional information about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

12. STATE ADMINISTRATIVE BOARD. Contracts equal to $250,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

13. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance http://www.michigan.gov/SIGMAVSS http://www.michigan.gov/SIGMAVSS mailto:munroec@michigan.gov http://www.michigan.gov/micontractconnect

Version 2021-2 Page 6 of 55 with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 100 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

14. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION

ACT. All portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, some information may be exempt from disclosure. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

a. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM)

WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information.

Failure to submit a completed CT Form may be cause for disqualification from the solicitation process.

i. Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

ii. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

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e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL

18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to

(iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

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CONFIDENTIAL TREATMENT FORM

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. See the Confidential Treatment Form and The Freedom of Information Act (FOIA) sections of the Proposal Instructions for additional information.

Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED This section must be completed, signed, and submitted with the proposal if the bidder does not request confidential treatment of any material contained in the proposal.

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is not requested.

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company

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Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary.

The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) Identifies the Proposal Page #, Section #, and Paragraph #, (2) Identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), (3) Explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA Exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name, and (4) Provides the contact information for the person at Bidder’s organization authorized to respond to inquiries by the State concerning the material.

(1) Proposal Page #, Section #, Paragraph #

(2) Material is Trade Secret

(TS), Proprietary Financial Information

(FI), Proprietary Information (PI)

(3) Applicable FOIA Exemption with

Written Justification

(4) Bidder Contact

Information

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company

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VENDOR QUESTIONS WORKSHEET

Provide a detailed response to each question. “You” and “company” refers to the bidder.

Information Sought Bidder Response

1. Company Contact Information Bidder’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Sole Contact authorized to receive and sign a resulting contract. Include name, title, address, email, phone number and vendor customer code in SIGMA VSS.

2. Company Background Information Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number.

Website address.

Number of years in business and number of employees.

Legal business name and address of parent company, if any.

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is

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Information Sought Bidder Response yes, then state the date of initial filing, case name and court number, and jurisdiction.

Within the last 5 years, has your company or any of its related business entities defaulted on a contract or had a contract terminated for cause? If yes, provide the date, contracting entity, type of contract, and details about the termination or default.

State your gross annual sales for each of the last 5 years.

If receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

State the physical address of the place of business that would have primary responsibility for this account if bidder is awarded a contract under this RFP.

3. Qualified Disabled Veteran/Service- Disabled Veteran-Owned Business Program

Under MCL 18.1261, a “qualified disabled veteran” means a business entity that is 51% or more owned by 1 or more veterans with a service-connected disability. A “service-connected disability” means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16). Are you a qualified disabled veteran?

Enter YES or NO.

To demonstrate qualification as a qualified disabled veteran, you must provide:

(a) Proof of service and conditions of discharge (DD214 or equivalent);

(b) Proof of service-connected disability (DD214 if the disability was documented at discharge or Veterans Administration Rating Decision Letter

Enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

http://www.legislature.mi.gov/(S(b2idoibk3wwdcrok5bm0s021))/mileg.aspx?page=getObject&objectName=mcl-18-1261

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(c) Legal documents setting forth the ownership of the business entity.

In lieu of the documentation identified above, you may provide proof of certification by the National Veterans Business Development Council.

4. Participation in RFP Development or

Evaluation

Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third-party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees.

Enter YES or NO.

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

If you are awarded a contract under this solicitation, in order to provide the goods or services required under a resulting contract, do you intend to partner or subcontract with a person or entity that assisted in the development of this solicitation?

Enter YES or NO.

If you enter “YES,” you are not eligible for contract award. An awarded vendor may not partner or subcontract with anyone to provide goods and services required under a resulting contract if that subcontractor or partner assisted in the development of this solicitation.

Will your company, or an employee, agent, or representative of your company, participate in the evaluation of the proposals received in response to this RFP?

Enter YES or NO.

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

5. State of Michigan Experience and Prior Experience

Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the

Version 2021-2 Page 13 of 55 contracts you hold or have held with the State for the last 10 years.

Describe at least [3]relevant experiences from the last [5] years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Experience 1 Company name.

Contact name.

Contact role at time of project.

Contact phone.

Contact email.

City.

State.

Zip.

1. Project name and description of the scope of the project.

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value.

Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) Results obtained.

Experience 2 Company name.

Contact name.

Contact role at time of project.

2. What role did your company play?

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Dollar value.

Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) Results obtained.

Experience 3 Company name.

Contact name.

Contact role at time of project.

2. What role did your company play?

subject of this RFP?

Dollar value.

Start and end date (mm/yy – mm/yy) Status (completed, live, other – specify phase) Results obtained.

6. Standard Contract Terms Bidder must confirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

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7. Michigan Economic Impact Number of employees currently employed at locations within the State of Michigan.

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any).

Minimum wage paid to employees employed at

Average wage paid to employees employed at

Percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Other Classification of Employees. I certify that the company has properly classified its employees in accordance with federal/state labor and employment laws.

Enter YES or NO.

Abusive Labor Practices. The Contractor certifies that it will not furnish any Deliverable that was produced fully or partially by forced labor, forced or indentured child labor, or indentured servitude.

Enter YES or NO.

Certification of Michigan Business - Public Act 431 of 1984, Sec. 268. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Business Tax Corporate Income Tax Return. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Income Tax return showing income generated in, or attributed to the State of

Enter YES or NO.

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Michigan. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, withheld Michigan Income Tax from compensation paid to the company’s owners and remitted the tax to the Michigan Department of Treasury.

Iran Linked Business- Public Act 517 of 2012.

I certify that the Company is not an Iran-Linked business as defined by Public Act 517 of 2012.

Enter YES or NO.

Clean Corporate Citizen. I certify that the Company is a Clean Corporate Citizen as defined by the Environmental Protection Act, 1994 PA 451.

Enter YES or NO.

Convict Labor. The Contractor certifies that if using convict labor, it is complying with all applicable state and federal laws and policies.

Enter YES or NO.

SOM Debt/Tax Payment. All SOM tax/debts. I certify that all applicable State of Michigan taxes are paid, and that no outstanding debt is owed to the State of Michigan.

Enter YES or NO.

Authorization to Verify Information Provided by Vendor. I authorize the State to verify that all information provided in this registration, in bidding and contracting documents, and any attachments or supplement documents and processes are accurate.

Enter YES or NO.

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SCHEDULE A – STATEMENT OF WORK

CONTRACT ACTIVITIES

Request for Proposal (RFP) No. 210000002468 Captioning Services – American with Disabilities Act Compliance

This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click one checkbox and complete the entries as identified.

BACKGROUND

The Michigan Department of Education (MDE) produces various video products that require text captioning. MDE’s needs are for both offline and live captioning of video for Internet-only distribution. This work will include any backlog of video work in addition to on-going work for future productions. MDE requests hourly rates for both offline and live encoding services.

1. Requirements

1.1. General Requirements

The Contractor provide and meet the following requirements:

a. Offline Captioning: Michigan Department of Education (MDE) will upload produced videos to a video hosting site (ex: You Tube). The contractor will either be given a link to that video or provide server access to for MDE to upload the video.

The Contractor must then caption the video and deliver to MDE a standard format caption file (ex: scc). MDE then will upload this file to the video hosting site to display the captions for viewers

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must describe how they will comply with the above requirement(s) include examples of work:

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b. All Offline captions must be compliant with pre-recorded FCC standards including accuracy, synchronization with spoken words, complete from start to finish, and placed appropriately on the screen.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

c. Contractor must provide timeline for completion of offline captioning work. MDE must approve all offline captioning work prior to final submission. Contractor must provide MDE with work at least three business days to review and comment prior to final submission.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

requirement(s):

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d. Live Captioning: The Contractor must call into MDE via telephone to a Telos One analog phone interface. The vendor will also link to MDE’s production equipment via modem to an Evertz 8084 analog encorder. MDE will provide a monthly meeting agenda and board member listing to assist in the captioning of the State Board of Education Meetings. State Board of Education Meetings typically run from 9:30 a.m. to 4:00 p.m. with a lunch break. Captioning quality of live meetings must be consistent with FCC standards for real-time/live broadcasts. Exclusively using machine captioning is not an acceptable solution.

In addition, to live captioning of meetings, after the meeting, the Contractor must deliver a standard caption file (ex: .scc, .vtt) of the meeting synchronized and divided into morning and afternoon segments. As with offline captioning, pre-recorded FCC standards must be applied to the final delivered captioned file.

MDE reserves the right to update or amend the information provided in this area.

MDE will provide notification to the Contractor in a timely manner of any changes but no later than 10 days prior to any schedule meeting date.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

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e. Contractor must provide MDE a timeline and fee schedule to deliver a completed caption of a live event.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

requirement(s) and provide samples:

2. Service Requirements

2.1. Timeframes

All Contract Activities must be delivered as required by MDE. MDE will determine the completion of contract activities and review all timelines prior to execution of all activities.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

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2.2. Delivery

Delivery will be determined by MDE. Offline and Online work must be completed by the Contractor as required by MDE and adhere to all agreed upon timelines. MDE will review all work as necessary to determine appropriate delivery.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

Bidder must identify its plan for delivery and delivery method(s):

3. Acceptance

3.1. Acceptance, Inspection, and Testing

The State will use acceptance of contract activities as describe in Section 16 of Standard Contract Terms.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

4. Staffing

4.1. Contractor Representative

The Contractor must appoint an individual specifically assigned to State of Michigan accounts, who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Representative”).

The Contractor must notify the Contract Administrator at least 60 calendar days before removing or assigning a new Contractor Representative.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

Bidder must identify its Contractor Representative:

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4.2. Customer Service and Technical Support

The Contractor must specify a phone number for the State to contact the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8:00 am to 5:00 pm EST.

Contractor must provide remote engineering support and testing in addition to after-hours emergency phone support.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must identify its Customer Service and Technical Support phone numbers and explain in detail how bidder will comply with the above requirements:

4.3. Work Hours

The Contractor must provide Contract Activities during the State’s normal working hours Monday – Friday, 8:00 a.m. to 5:00 p.m. EST, and possible night and weekend hours depending on the requirements of the project.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s)

4.4. Key Personnel

The Contractor must appoint individuals who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 8 hours.

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The State has the right to recommend and approve in writing the initial assignment, as well as any proposed reassignment or replacement, of any Key Personnel. Before assigning an individual to any Key Personnel position, Contractor will notify the State of the proposed assignment, introduce the individual to the State’s Project Manager, and provide the State with a resume and any other information about the individual reasonably requested by the State. The State reserves the right to interview the individual before granting written approval. In the event the State finds a proposed individual unacceptable, the State will provide a written explanation including reasonable detail outlining the reasons for the rejection. The State may require a 30-calendar day training period for replacement personnel.

Contractor will not remove any Key Personnel from their assigned roles on this Contract without the prior written consent of the State. The Contractor’s removal of Key Personnel without the prior written consent of the State is an unauthorized removal (“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key Personnel for reasons beyond the reasonable control of Contractor, including illness, disability, leave of absence, personal emergency circumstances, resignation, or for cause termination of the Key Personnel’s employment. Any Unauthorized Removal may be considered by the State to be a material breach of this Contract, in respect of which the State may elect to terminate this Contract for cause under the Termination for Cause section of the Standard Contract Terms.

For the Unauthorized Removal of any Key Personnel designated in the applicable Statement of Work, the credit amount will be $25,000.00 per individual if Contractor identifies a replacement approved by the State and assigns the replacement to shadow the Key Personnel who is leaving for a period of at least 30-calendar days before the Key Personnel’s removal.

i. If Contractor fails to assign a replacement to shadow the removed Key Personnel for at least 30-calendar days, in addition to the $25,000.00 credit specified above, Contractor will credit the State $833.33 per calendar day for each day of the 30-calendar day shadow period that the replacement Key Personnel does not shadow the removed Key Personnel, up to $25,000.00maximum per individual. The total Unauthorized Removal Credits that may be assessed per Unauthorized Removal and failure to provide 30-calendar days of shadowing will not exceed $50,000.00 per individual.

Contractor acknowledges and agrees that each of the Unauthorized Removal Credits assessed above: (i) is a reasonable estimate of and compensation for the anticipated or actual harm to the State that may arise from the Unauthorized Removal, which would be impossible or very difficult to accurately estimate; and (ii) may, at the State’s option, be credited or set off against any fees or other charges payable to Contractor under this Contract.

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☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s)

The Contractor must identify Key Personnel assigned and provide current chronological résumés. The personnel information provided must include:

1. Name and title of staff that will be designated as Key Personnel.

2. Key Personnel years of experience.

3. Key Personnel’s roles and responsibilities, job function, as they relate to this

RFP, if the Contractor is successful in being awarded the Contract. Descriptions of roles should be functional and not just by title.

4. Identify if each Key Personnel is a direct, subcontract, or contract employee.

5. Identify if each Key Personnel staff member is employed full-time (FT), part-time

(PT) or temporary (T), including consultants used for the purpose of providing information for the proposal.

6. List each Key Personnel staff member’s length of employment or affiliation with the Contractor’s organization.

7. Identify where each Key Personnel staff member will be physically located (city and state) during the Contract performance.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must describe how they will comply with the above requirement(s) – When listing Key Personnel include Name, Title, Address, Phone, Email:

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4.5. Organizational Chart

The Contractor must provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Bidder must provide detailed information as required above – either in this response box or identified here as an attachment to this RFP labelled as Organizational Chart.

4.6. Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

• The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

• The relationship of the subcontractor to the Contractor.

• Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

• A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Bidder must provide detailed information as requested in the above requirement(s).

The legal business name, address, telephone number of the subcontractor(s).

A description of subcontractor’s organization and the services it will provide and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Bidder.

Whether the Bidder has a previous working experience with the subcontractor.

If yes, provide the details of that previous relationship.

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4.7. Security

The Contractor will be subject State of Michigan Security procedures as required.

The Contractor must explain any additional security measures in place to ensure the security of State facilities. The State may require the Contractor’s personnel to wear State issued identification badges.

The Contractor’s staff may be required to make deliveries to or enter State facilities. The Contractor must: (a) explain how it intends to ensure the security of State facilities, (b) whether it uses uniforms and ID badges, etc., (c) identify the company that will perform background checks, and (d) the scope of the background checks.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must explain any additional security measures in place to ensure the security of the State and its facilities:

5. Project Management

5.1. Project Plan & Contractor Responsibilities

The Contractor must provide a final project plan within 30 days of the contract Effective Date. The plan must include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, timeline, resources required, how issues/challenges/reacting will be addressed, frequency and mechanisms used for updates/progress reviews. Contractor must provide the responsibilities and job function of all assigned personnel.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Of the total bid, the price of the subcontractor’s work.

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☐ I have reviewed the above requirement and agree with no exception.

below.

Bidder must submit its project plan as described above:

Contract Monitoring Plan:

Active contract management of State contracts ensures compliance with the requirements of an executed contract. This section outlines and describes activities that are necessary for effective contract management.

Category Level and Monitoring Frequency by the State of Michigan will be conducted annually.

Contractor may be periodically monitored against the following Contract Monitoring Report Criteria:

a. Quality: Activities/Deliverables meet specifications

b. Timeliness: Activities/Deliverables received on schedule

c. Cost Control: Cost of Activities/Deliverables is at or below expected cost

d. Staff Knowledge and Competency

e. Invoicing: Invoices are timely and accurate

f. Overall: Contractor Performance Rating

Activities/Deliverables will be monitored on an annual basis for the following:

a. Quality of Product

b. Quality of Service

c. Performance

d. Cost Control

Invoices and Payments will be monitored for the following:

a. Timeliness of Invoice submission

b. EFT Compliance

c. Detail

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5.2. Meetings

The State may request meetings, as it deems appropriate whether in person or remotely.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s)

5.3. Reporting

The Contractor must explain its reporting capabilities and any reporting that is included in its proposal (ex: archiving, data logs, programming schedule, daily logs, lost captioning). MDE may require Contractor to provide reporting for specific activities as it determines.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must explain its reporting capabilities and any reporting that is included in its proposal:

6. Pricing

6.1. Price Term

Pricing is firm for the entire length of the Contract.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s)

6.2. Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

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Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

7. Ordering

7.1. Authorizing Document

The appropriate authorizing document for the Contract will be Delivery Order (DO)

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s)

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) delivery order#; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any);

(g) vendor-generated invoice number; and (h) total price.