RFP S-47100-00015378-Telephonic Interpretation Services~1.pdf

STATE OF OREGON

COVER PAGE

Oregon Employment Department is issuing this Intermediate Procurement under

S-47100-00015378 for

TELEPHONIC INTERPRETATION SERVICES

Date of Issue: November 17, 2025

Opening Date: December 15, 2025

Single Point of Contact (SPC): Ali Tate, Procurement & Contract Specialist 2

Address: 875 Union Street NE City, State, Zip Salem, OR 97311 Phone [Cell] 503-798-1735 E-mail: Ali.K.Tate@employ.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 OFFEROR REFERENCES

3.7 COST EVALUATION

3.8 NEXT STEP DETERMINATION

3.9 PREFERENCES

3.10 POINT AND SCORE CALCULATIONS

3.11 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SAMPLE CONTRACT STATEMENT

RFP S-47100-00015378 – Telephonic Interpretation Services

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Employment Department (Agency), is issuing this Intermediate Request for Proposal under the provisions of ORS 279B.070 for telephonic interpretation services (the “Services”) in the legal field, on behalf of Office of Administrative Hearings (OAH).

Services will be utilized for the Office of Administrative Hearings (OAH), to meet the needs of Limited English Proficiency (LEP) clients for telephonic administrative hearings. Certified, and as may be applicable, qualified spoken language interpreters are needed for a variety of languages to ensure that LEP Clients who need, or who are utilizing, available State or other qualifying programs, services, and benefits without barriers and, when applicable, are afforded due process in adjudicatory proceedings.

Agency anticipates the award of up to three (3) Contracts from this solicitation. The initial term of the Contract(s) is anticipated to be three (3) year(s) with the option to renew for additional one (1) year period or multiple years with the maximum term of the Contract not to exceed a total of five (5) years.

Additional details on the scope of the goods or services or both are included in the Scope of Work/Specifications section.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Questions / Requests for Clarification Due November 24, 2025 3:00PM

Opening (offer Due) December 15, 2025 9:00AM

Issuance of Notice of Award (approx. date.) January 5, 2026 3:00PM

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is using the Intermediate Request for Proposal method, pursuant to ORS 279B.070 and OAR 125-247-0270. Agency may use a combination of the methods for the Request for Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

General Definitions

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at OregonBuys

For the purposes of this RFP, the following definitions will be used:

“Addendum” or “Addenda” means an addition to, or deletion of, a material change in, or clarification of, this RFP. Addenda shall be labeled as such, issued by OED Procurement, and shall be made available to all prospective Offerors as set forth in this

RFP.

“Certified Interpreter” means an interpreter certified under ORS 45.291.

“Closing Date and Time” means the date and time on or before all Proposals must be submitted.

“Consecutive Interpretation” is the rendering of statements made in the source language into statements in the Target Language, intermittently, with a pause between each completed statement of approximately 40-50 words. Consecutive Interpreters wait until the speaker of the Source Language has finished before rendering speech into the target language. Consecutive interpreting takes 50% more time than simultaneous interpreting, and may take a Bilingual interpreter 100% more time to provide consecutive interpreting Services due to less developed recall memory. Consecutive interpreters frequently make notes to assist in Consecutive Interpretation.

“Court Interpreting” requires faithfulness to the original spoken evidence and legal colloquy while maintaining neutrality in an adversarial environment, usually on the court record. It uses technical, complex legal terminology in courts and administrative hearings, as well as with attorneys, police, mediators and others.

“Interpretation” means the services provided by an Interpreter.

“Interpreter” means a person who is readily able to communicate with the limited and non- English speaking, deaf, or hearing impaired person and who can orally transfer the

RFP S-47100-00015378 – Telephonic Interpretation Services https://www.oregon.gov/das/ORBuys/Pages/Index.aspx meaning of statements to and from English and the language spoken by the limited and non-English speaking, hearing impaired, or deaf person.

“Interpreter Request Work Order” the form that is sent to the contractor requesting an interpreter which is then completed and returned to the agency by contractor once an interpreter is assigned.

“KSA’s” means Knowledge, Skills and Abilities.

“OAH” means the Office of Administrative Hearings.

“OAH Interpreter Coordinator” means the person(s) responsible for ordering interpreter services working with Successful Offerors to confirm orders and reconciling invoices for OAH.

“OED” means the Oregon Employment Department.

"Opening" means the date, time and place announced in the RFP for the public opening of Written sealed Proposals.

“Proposal” means the Proposal submitted in response to this RFP.

“Offeror” means a person, organization or governmental entity submitting a Proposal.

“Qualified Interpreter” means a person who is not certified under OR 45.291, but is readily able to communicate with the limited English proficient person and who can orally transfer the meaning of statement to and from English and the language spoken by the limited English proficient person. A qualified interpreter must be able to interpreter in a manner that conserves the meaning, tone, level and register of the original statement, without additions or omissions. A qualified interpreter does not include any person who is unable to interpreter the dialect, slang or specialized vocabulary used by the party or witness.

“RFP” means Request for Proposal.

“SPC” means Single Point of Contact.

“State” means the State of Oregon.

“Successful Offeror” means the person, organization or governmental entity to which the award is made.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview

The Office of Administrative Hearings (OAH) has a continuing need for certified and qualified telephonic interpreters in a variety of languages to meet the Federal LEP Policy Guidelines as well as the American’s with Disabilities Act (ADA). The interpreters will assist the customers of OAH who have a need for interpretive services. This Solicitation is for pre-scheduled telephonic interpretive language services only. The OAH is not soliciting for on-demand interpretation services. It is imperative that OAH have a variety of language interpreters available for legal hearings.

OAH has identified the need to create uniformity and streamlined processes for obtaining high quality Interpreting Services. These processes include, but are not limited to, ordering, pre-scheduling, coordinating, invoicing, approving, and paying for Interpreting Services from a ready pool of pre-approved Interpreters who speak a diversity of non-English languages possessing the knowledge, skills, and abilities (KSA’s).

The OAH hopes to accomplish the uniformed and streamlined processes by contracting with vendors that have established Interpreting quality control processes, and effective, coordinated pre-scheduling and business processes.

Successful Offerors will consist of organizations or individuals that are able to exhibit in their Proposal response, an accountability to OAH. OAH seeks to conduct business with industry professionals that are able to consistently provide effective and accurate Interpreting Services in a timely manner as agreed upon at the time of a service request.

OAH Hearings are not scheduled by the minute but scheduled for a minimum of one hour up to 8 hours in a single day and can extend over multiple days. For the period August 1, 2024, through August 15, 2025, approximately 587 Interpreter Request Work Orders were issued for a total of 1084 billed hours.

The most common languages interpreted include Spanish • Russian • Vietnamese • Cantonese • Mandarin • Arabic • Oromo • Ukrainian • Farsi • Korean • Amharic

2.3.2 Overall Agency Goals

Interpreting is necessary for OAH to ensure language access is available to LEP Clients and customers. And, because Interpreting Services require specialized Knowledge, Skills, and Abilities (KSA), training, protocols, and experience, OAH seeks to establish a ready pool of Interpreters and interpreting Service providers that are capable of providing high quality Interpretation in order to accurately and seamlessly meet the OAH’s needs.

Offerors must be able to provide Interpreters who are able to meet certain professional Interpreting standards and also meet reasonable business expectations for the successful delivery of services. At a minimum, Offerors must be able to work within standardized ordering systems; communicate and collaborate with OAH in a timely manner; use standard business tools for purposes of scheduling Interpreters to assignments, submitting accurate invoices, and completing scheduled assignments as agreed upon.

The volume of Services to be provided by any successful Offeror or Offerors will depend on the respective needs of OAH, such as level of expertise and skill, setting/specialized knowledge base (legal, social services, etc.), and source and target language. Therefore, OAH does not make any representation or guarantee of any minimum or maximum volumes of work or purchases of Services to be made that may be awarded under this

RFP.

By submitting a Proposal, each Offeror agrees that it accepts all risks, and waives any claims, that may be associated with or arise out of the volume of the Services actually ordered under the Award of this RFP.

2.4 SCOPE OF WORK/SPECIFICATIONS

Offeror shall provide pre-scheduled telephone based Interpreter Services (requests typically issued 2-3 weeks in advance of hearing date) on an “as needed” basis for LEP clients needing interpreter assistance and must meet or exceed the minimum requirements. Offeror understands that the OAH is not soliciting for on-demand interpreting services.

Offeror shall be available for hearings Monday through Friday, between the hours of 8:00 AM to 5:00 PM Pacific Time (PST). Offeror shall be available for occasional hearings scheduled prior to 8:00 AM PST, and hearings that extend beyond 5:00 PM PST. Offeror should be willing to seek out available interpreters for urgent requests upon short notice at no additional cost to the Agency

Hearings shall be scheduled for a minimum duration of one (1) hour that may extend up to eight (8) continuous hours. Hearings may require services for multiple days. Any services provided that exceed the estimated duration from the Interpreter Request Work Order shall be paid in increments of fifteen (15) minute intervals, and the Agency shall be the official timekeeper.

Hearings will be conducted via conference bridge. Interpreters will be required to dial directly into a conference bridge and enter an access code to connect to the assigned hearing. In the event an interpreter has not connected to a hearing within five (5) minutes of the scheduled start time, the OAH must be able to contact the interpreter directly at their phone number on record in order to conference them into the hearing.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

To be considered for evaluation, Proposal submissions must contain documentation to demonstrate Offeror’s ability to meet the material and technical requirements as defined below.

Offeror must be able to provide interpretation for legal hearings in all proposed languages submitted in Attachment E.

Offeror must provide all services within the United States. All interpreters assigned to OAH hearings must be located within the United States at the time of service. Due to various restrictions, sanctions, embargos, etc., the agency has determined that contractor and its fulfillment of services must be limited to the United States (US).

Demonstrate that the Offeror possesses a minimum of three (3) years’ experience of interpreting services in a legal environment within the last five (5) years. Offeror shall identify the state in which Offeror has filed its articles of incorporation or otherwise registered to do business and the year any such documents were filed therewithin the submitted Proposal.

Successful Offerors who provide “certified” interpreters must provide interpreters of that expertise if available, at OAH hearings. If a certified interpreter is not available, the Successful Offeror shall provide a qualified interpreter whose qualifications are already on file with the OAH. Pursuant to ORS 45.288 (2) Except as provided by this section, whenever a court is required to appoint an interpreter for any person in a proceeding before the court, or whenever a hearing officer is required to appoint an interpreter in an adjudicatory proceeding, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter who has been certified under ORS 45.291. If no certified interpreter is available, able or willing to serve, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter. Upon request of a party, victim or witness, the court, hearing officer or designee of the hearing officer, in the discretion of the court, hearing officer or the designee of the hearing officer, may appoint a qualified interpreter to act as an interpreter in lieu of a certified interpreter in any case or adjudicatory proceeding.

Offeror must be able to provide pre-scheduled telephonic Interpretation (not on-demand interpretation), also referred to as "over-the- phone interpreting," "telephonic interpreting," and "tele-interpreting," which enables the Successful Offeror to deliver interpretation via telephone from within the United States.

Offeror must provide a statement (Attachment H) agreeing to accept the terms and conditions of the Sample Contract (Attachment A) and must also agree to submitting and or signing the exhibits and attachments contained within that attachment.

Offeror, at a minimum, must provide these most common interpreted languages as listed in (2.3.1) to qualify for award of a contract: Spanish • Vietnamese • Russian • Amharic • Arabic • Farsi • Ukrainian • Cantonese • Oromo • Mandarin

3.1.1 Key Person Requirements

3.1.1.1 Successful Offerors shall provide a current resume (not to exceed two pages each) for each individual Key Person who has authority to resolve issues with performance, billing, and contract administration.

Offeror shall identify each Key Person’s work phone number and work email address of those qualified persons responsible for assuring the language provided under the Contract is performed accurately.

3.1.2 Interpreter Qualifications

Offerors must be able to provide Interpreters who possess a level of interpreting competency appropriate to the complexity of the interpretation requested by Agency. The most highly qualified Offerors will have Interpreter(s) who hold certification from the Oregon Judicial Department, or can demonstrate possession of court interpreting KSA’s.

Accordingly, if Offeror is an organization that employs, contracts with, or otherwise partners with individual Interpreters to provide Services to Offeror’s customers, Offeror must demonstrate it has the ability to provide Interpreters who meet the Interpreter Qualifications set out in this Section 3.1.2 to this RFP. Offeror must demonstrate this ability by providing a narrative in Proposal that describes Offeror’s policies, processes, and procedures for hiring, or otherwise contracting with, and on- boarding Interpreters who have, or who are hired and trained to have, the Interpreter Qualifications required under this RFP.

Offerors should conduct its own initial criminal background checks of its Interpreters to determine whether they will be able to “pass” the most stringent of criminal background checks.

In the event Agency requires services for one or more language(s) for which a certification process does not now exist, Successful Offeror(s) may be required to provide documentation or evidence that supports the Interpreter’s qualifications to provide professional, accurate, high quality Interpretation Services for such language(s).

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file. (Attachment E)

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and the Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be delivered to the SPC via an OregonBuys submission;

• Reference the OregonBuys bid number: S-47100-00015378;

• Identify Offeror’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time November 24, 2025 3:00PM (PST)for

Questions/Requests for Clarification identified in OregonBuys.

3.3.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.5 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

The cost sheet must be submitted as a separate electronic response file. (Attachment E)

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also

RFP S-47100-00015378 – Telephonic Interpretation Services https://oregonbuys.gov/bso mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

Offer must be submitted electronically through OregonBuys.

3.3.6 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.7 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.8 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

• Offeror fails to meet the responsibility requirements of ORS 279B.110.

• Offeror has undisclosed liquidated and delinquent debt owed to the State of

Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are

RFP S-47100-00015378 – Telephonic Interpretation Services https://oregonbuys.gov/bso not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.9 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

Offer is a Firm Offer for 180 days following the Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Services to be performed. An Offer that merely offers to provide the services as stated in this solicitation will be considered non- Responsive to this solicitation and will not be considered further.

3.4.1 Offeror Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

3.4.2 References

Provide at least two (2) references from current or former client firms for similar projects performed for any clients within the last two (2) years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by reference, returned to the Offeror and submitted with the Offer prior to opening.

3.4.3 Costs

The Cost Proposal Example Sheet is found in (Attachment E) and should be revised to reflect Offeror’s complete language list with Rate per Hour for certified and qualified service and minimum.

3.4.4 COBID Certification / Outreach Plan

Refer to Certified Firm Participation (Attachment F)

3.4.5 Responsibility Inquiry

Refer to Responsibility Inquiry (Attachment G)

3.4.6 Sample Contract Statement

Refer to Sample Contract Statement (Attachment H)

3.4.7 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Offer Requirements section 3.1 Minimum Submission Requirements 3.2 and Offers Content Requirements section 3.4. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non- Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.5.2 Responsibility Determination

Agency will determine if an apparent successful Offeror is Responsible prior to award and execution of the Contract. Offerors shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Offeror found to be not responsible.

3.5.3 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

SCORE EXPLANATION

76-100

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.

56-75

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

26-50

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

1 – 25 FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Offeror has not demonstrated knowledge of the subject matter.

3.5.3.1 Evaluation Item 1, Identify Language

Does the Offeror provide a list of languages and dialects that are listed in the minimum requirement (2.3.1)? Does the Offeror confirm that they can provide interpretation for legal hearings in all languages submitted on attachment E?

3.5.3.2 Evaluation Item 2, Offeror Qualifications

Does the Offeror have experience providing pre-scheduled telephonic interpretation services for legal hearings? Do they describe why they are qualified to provide Interpreter Services sought in this RFP? Explain any processes, policies or procedures your company applies to ensure efficient and high-quality delivery of Interpreter Services.

Include a narrative of the Interpreter qualifications (3.1.2) that you believe qualifies you to provide the interpreter services described in this RFP. Describe three (3) interpreting assignments within the last five (5) years, including the nature of the assignment, the environment the services were provided in, and why the Offeror believes the assignments were successful and demonstrates the experience and qualifications required under this RFP.

Describe the specific KSA that the Offeror relies upon to make the delivery of high-quality Interpreter Services.

3.5.3.3 Evaluation Item 3, Availability and Resource Capacity

Is the Offeror able to accommodate multiple requests a week?

Is the Offeror able to accommodate urgent request with little notice?

Does the Offeror indicate they are willing to search out additional languages if necessary?

3.5.3.4 Evaluation Item 4, Service Delivery

How does Offeror ensure the receipt, acknowledgement, and timely processing of a customer’s request?

Describe Offeror’s process for coordinating and scheduling Interpreters. Does the process include all assignment preparation, all administrative aspects, and management infrastructure necessary for the provision of timely, high-quality Interpretation Services?

Describe the process applied to address customer complaints of non-compliance to interpreting practices, professional ethics and protocols. What steps are taken to investigate and respond to customer complaints?

3.5.3.5 Evaluation Item 5, Qualify Interpreters

How does the Offeror qualify Interpreters? Describe Offerors process, policy, or procedure that will ensure Interpreters, employed or contracted, possess a level of Interpretation qualifications, language competency, standard of general education of KSA’s, and/or relevant experience appropriate to the complexity of a particular interpretation assignment

• Example: certification, formal assessment, experience.

Offeror must provide a narrative in Proposal regarding its policies, processes, and procedures regarding training (e.g. Interpreting methodologies, language proficiency training, profession-specific terminology training, any special training for high-stress or highly sensitive assignments, ethics, etc.), tracking of Interpreter certifications, criminal background checks, and other similar hiring, employment, or contracting standards, as well as requirements for Interpreters maintaining those standards.

3.6 OFFEROR REFERENCES

See Section 3.4.2, References

Offeror must provide its references with the form, Reference Check Form (Attachment D), which asks for the number of years the Offeror has been providing services, the dates during which the Offeror has been providing services to the reference.

The Offeror’s references will be asked to rate Offeror’s performance relating to five (5) service delivery elements which may include but not limited to scheduling and coordination of services, invoice accuracy and Interpreter proficiency. Scores provided by the reference will be totals and divided by two (the number of references) with the result being the Offeror’s score for references.

3.7 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

Note: Only pricing for the mandatory minimum languages will be used to conduct this scoring.

Agency reserves the right to award additional languages offered as determined to be in the Agency’s best interests. Although Price Evaluation will be limited to the mandatory minimum languages, Offerors are encouraged to propose reasonable pricing for other languages Proposed

3.8 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.9 PREFERENCES

3.9.1 Tiebreakers

If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

3.10 POINT AND SCORE CALCULATIONS

Points are the total possible value for each section as listed in the table below.

TOTAL POINTS POSSIBLE : 800

POINTS POSSIBLE

3.5.3.1 Identify Language 100

3.5.3.2 Offeror Qualifications 100

3.5.3.3 Availability and Resource Capacity 100

3.5.3.4 Service Delivery 100

3.5.3.5 Qualify Interpreters 100

3.6 Offeror Reference Points 100

3.7 Cost Evaluation Points 200

3.11 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Offeror with no additional rounds of competition.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

RFP S-47100-00015378 – Telephonic Interpretation Services http://www.irs.gov/pub/irs-pdf/fw9.pdf

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

After selection of a successful Offeror, Agency may enter into Contract negotiations with the successful offeror.

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Statement of Work.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

RFP S-47100-00015378 – Telephonic Interpretation Services http://www.filinginoregon.com/index.htm

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: Business Oregon : Home : State of Oregon or email:

COBID Biz*Biz

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.3 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.6 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, and costs to participate in demonstrations.

RFP S-47100-00015378 – Telephonic Interpretation Services https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.8 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SAMPLE CONTRACT STATEMENT

http://www.oregon.gov/DAS

ATTACHMENT A

SAMPLE CONTRACT

OED# XX-XXX State of Oregon

Employment Department Contract for Services

(SAMPLE)

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Employment Department, (“Agency)” and , a [ ][doing business as ] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title **Address **City, State ZIP Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Contract Administrator Name, Title Agency- Division **Address **City, State ZIP Phone:

(xxx) xxx-xxxx Fax:

(xxx) xxx-xxxx anyname@oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on __________. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits;

2.2. Exhibit D, (Federal Terms and Conditions);

2.3. Exhibit C (Special Terms and Conditions);

2.4. Exhibit A (Statement of Work);

RFP S-47100-00015378 – Telephonic Interpretation Services mailto:anyname@yahoo.com mailto:anyname@oregon.gov

2.5. Exhibit B (Required Insurance), and

2.6. Exhibit E (Code of Professional Responsibility for Interpreters in the Oregon Courts);

2.7. Attachment 1 (Rate Sheet)

2.8. Attachment 2 (Independent Contractor Certification)

2.9. Attachment 3 (Letter of Assurance for Criminal Records Check);

2.10. Attachment 4 (Commitment to Confidentiality)

2.11. Attachment 5 (Office of Administrative Hearings Interpreter Qualifications);

2.12. Attachment 6 (Interpreter Request Form)

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work.

Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work.

If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables.