Translation and Interpretation Service RFP Draft FY 24-25.pdf

NEW HANOVER COUNTY

HEALTH AND HUMAN SERVICES

REQUEST FOR PROPOSALS

FOR

SPANISH TRANSLATION AND

INTERPRETATION SERVICES

TUFANNA BRADLEY,

ASSITANT COUNTY

MANAGER

INTERIM HEALTH AND

HUMAN SERVICES DIRECTOR

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

JONATHAN BARFIELD, JR.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

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ONSITE SPANISH

TRANSLATION AND

INTERPRETIATION SERVICES

1. ADVERTISEMENT

2. INSTRUCTIONS TO BIDDERS

2.1 Contact Information

2.2 Question Procedure

2.3 Schedule

2.4 Submittal Process

2.5 Selection Process

2.6 Proposal Format and Bidder Response

2.6.1 Letter of Transmittal

2.6.2 Minimum Requirements

2.6.3 Company Information

2.6.4 Background and Experience

2.6.5 Customer Service Model

2.7 Bidder’s Exceptions to County RFP

2.8 Trade Secret Confidentiality

2.9 Time for Opening Proposals

2.10 Withdrawal of Proposals

2.11 Clarification of Proposals

2.12 Evaluations and Award of Contract

2.13 Federal Taxes

2.14 North Carolina Sales Tax

2.15 Compensation

2.16 Term

2.17 Responsibility of Compliance with Legal Requirement

2.18 Indemnity

2.19 Independent Contractor

2.20 Addendum to RFP

2.21 Compliance with Proposal Requirements

2.22 Right to Make Investigations

2.23 Right to Reject Proposals

2.24 E-Verify

2.25 Certificate of Authority

2.26 Ownership of Documents

2.27 Use of Federal Funds

3. TECHNICAL SPECIFICATIONS

3.1 Purpose of Solicitation

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3.2 Scope of Services

3.3 County Responsibilities

3.4 Contractor’s Responsibilities

3.4.1 Training

3.4.2 Service Log

3.4.3 Staffing

3.4.4 Confidentiality

3.4.5 State and/or County Property

3.4.6 Customer Satisfaction

4. ANTI-COLLUSION AFFIDAVIT

5. CONFLICT OF INTEREST

6. OVERDUE TAXES

7. MINORITY FORM

8. E-VERIFY FORM

9. UNIFORM GUIDANCE PROVISION

10. FEDERAL CERTIFICATIONS

11. ATTACHMENTS:

Exhibit A: Sample Contract

Iran Divestment Act Certification

SECTION 1 ADVERTISEMENT

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COUNTY OF NEW HANOVER, NORTH CAROLINA

REQUEST FOR PROPOSALS

SPANISH TRANSLATION AND INTERPRETATION SERVICES

New Hanover County Health and Humans Services is soliciting proposals for Translation and Interpretation Services as outlined in the following specifications. Proposals should be emailed to coprince@nhcgov.com .

Deadline for receipt of Proposals is 5:00 PM EST., Thursday, May 16, 2024. The following information should be included in the subject line of the email “RFP -

TRANSLATION AND INTERPRETATION SERVICES.”

A pre-proposal meeting will be held Thursday, April 25, 2004, from 9:00 -10:00 AM via Microsoft Teams. Please email coprince@nhcgov.com to receive an invitation to the meeting. All Service Providers who desire to submit their proposal for consideration for this service are invited to attend; however, attendance is not required to submit a proposal.

Instructions for submitting proposals and complete specifications may be obtained by visiting the County’s website at Bid Postings • New Hanover County, NC • Civic Engage (nhcgov.com).

New Hanover County reserves the right to accept or reject any or all proposals and to make the award which will be in the best interest of the County.

Advertised: Monday, April 15, 2024 mailto:coprince@nhcgov.com https://www.nhcgov.com/bids.aspx

SECTION 2 INSTRUCTIONS TO BIDDERS

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2.1 Contact Information

New Hanover County Finance Office Attn: Courtney Prince, Purchasing Agent 230 Government Center Drive, Suite 165 Wilmington, NC 28403

Phone: (910) 798-7003 Email: coprince@nhcgov.com

2.2 Question Procedure

All questions must be in writing. There will be one deadline for receipt of questions. The deadline for questions is 5:00 p.m., Monday, April 29, 2024. The County will have responses back to the bidders by 5:00 p.m. Thursday, May 2, 2024. Questions should be emailed to Courtney Prince, Purchasing Agent at coprince@nhcgov.com.

2.3 Schedule

Advertisement Monday, April 15, 2024

Pre-proposal meeting will be held. All interested Service Providers should attend.

Thursday, April 25, 2024

9:00 am – 10:00 am

Deadline for receipt of Questions from bidders Monday, April 29, 2024, by 5:00 p.m. Email address for questions coprince@nhcgov.com

Deadline for County to respond to Questions from bidders.

Thursday. May 2, 2024, by 5:00 p.m.

Deadline for Receipt of Proposals Thursday, May 16, 2024, at 5:00 p.m.

Email Proposals to: coprince@nhcgov.com

Evaluation. During this period, the Evaluation Committee will conduct a full detailed evaluation of Proposals and References.

May 22-23, 2024

Effective date for beginning of new contract July 1, 2024 mailto:coprince@nhcgov.com mailto:coprince@nhcgov.com

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A pre-proposal meeting will be held Thursday, April 25, 2004, from 9:00 -10:00 AM via Microsoft Teams. Please email coprince@nhcgov.com to receive an invitation to the meeting. All Service Providers who desire to submit their proposal for consideration for this service are invited to attend; however, attendance is not required to submit a

2.4 Submittal Process

Proposals must be received no later than Thursday, May 16, 2024, at 5:00 PM EST. Bidders shall submit their proposal via email to Lena Butler at coprince@nhcgov.com . The following information should be included in the subject line of the email “RFP -TRANSLATION AND INTERPRETATION SERVICES.” Faxed or late proposals will not be accepted.

Bidders must submit all required information as requested below, responding to each section in corresponding letter and numeral in order.

Changes or corrections made to the proposal must be initialed by the individual signing the proposal. No corrections will be permitted once proposals have been received.

2.5 Selection Process

County may in its discretion, require one or more Bidders to make presentations to the evaluation team or appear before Management and/or its representatives for an interview. During such interview, the Bidder may be required to orally present its proposal and to respond in detail to any questions posed. Additional meetings may be held to clarify issues or to address comments, as deemed appropriate. Bidders will be notified in advance of the time and format of such meetings. Since New Hanover may choose to award a contract without engaging in discussions or negotiations, the Proposals submitted shall define the Bidder’s best offer for performing the Services described in this RFP.

The commencement of such discussions, however, does not signify a commitment by the County to execute a contract or to continue discussions. The County can terminate discussions at any time and for any reason.

The County will have a period up to sixty (60) days, unless otherwise stated, to decide which proposal best meets the criteria outlined in the Request for Proposals. The County reserves the right to award contracts to one or multiple companies.

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New Hanover County reserves the right to waive any minor informalities or irregularities, which do not go to the heart of the proposal or prejudice other offers, or to reject, for good and compelling reasons, any and all proposals submitted. Conditional proposals, or those which take exception to the Request for Proposals, will be considered non-responsive and will be rejected. All addenda to this information package will be posted online at Bid Postings • New Hanover County, NC • Civic Engage (nhcgov.com).

Should a Bidder find discrepancies or omissions in this RFP, or any other documents provided by New Hanover County, the Service Provider should immediately notify the County of such potential discrepancy in writing via email as noted above, and a written addendum will be made available, via the Internet, if the County determines clarification necessary.

Bidders are encouraged to make a good faith effort to include environmental considerations supporting waste reduction, recycling and buy-recycled products supporting markets for recycled and other environmentally preferable products whenever practical. New Hanover has an equal opportunity purchasing policy.

The County seeks to ensure that all segments of the business community have access to supplying the goods and services needed by County programs. The County affirmatively works to encourage utilization of minority business enterprise in our procurement activities and provides equal opportunity for all businesses and does not discriminate against any Service Provider regardless of race, color, religion, age, sex, and national origin or disability.

The Bidder shall comply with the County's purchasing policy. New Hanover County reserves the right to reject any and/or all proposals in connection with this project, and to waive formalities in a proposal.

Final award of contract is contingent upon availability of funds from Federal, State and/or local governing bodies.

2.6 Proposal Format and Bidder Response

Address each section providing as much detail as possible. Provide documents, manuals, procedures, processes applicable to each section.

Responses to this RFP must correlate with the alphanumeric characters in order.

List the letter, numeral, brief numeral descriptor and the response. Provide all type written responses in size 12 font. Each item in the RFP must be addressed in the proposal.

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2.6.1 Letter of Transmittal

The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents on behalf of the Bidder.

2.6.1.1 The letter shall present the Bidder's understanding of the RFP.

2.6.1.2 Provide the name, email, physical and mailing

address, telephone, and facsimile numbers for the Bidder and Executive that has authority to contract.

2.6.1.3 Each Bidder shall make the following representation

and warranty in the letter, the falsity of which will result in rejection of its proposal:

“The information contained in this proposal or any part thereof, including any exhibits, schedules, and other documents and instruments delivered or to be delivered to New Hanover Count, are true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead New Hanover County as to any material facts.”

2.6.2 Minimum Requirements

Bidder shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under any resulting contract is performed.

These minimum requirements must be met prior to award of contract if your company is selected.

The following requirements must be met, and documents are to be included with the proposal, before your company’s qualifications will be considered:

a. Evidence of Adequate Insurance, a Certificate of Insurance or letter from your insurance carrier:

Individual/ Independent Contractor

The requirements listed below are the GENERALLY ACCEPTED insurance requirements for this class of business.

Insurance Description

Minimum Limits of Insurance Required **Subject to change depending on size/location/description of work**

Commercial General Liability**

$1mil Ea. Occurrence; $1mil Products/Completed Operations; General Aggregate Limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required limit.

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Business Auto Liability

$500,000 Bodily Injury (Per Person); $500,000 Bodily Injury (Per Accident);

$500,000 Property Damage (Per Accident; Any Auto including Hired & Non-owned Liability; $2K Medical Payments Coverage

Worker’s Compensation Employer’s Liability

Statutory Limits This policy must include a Waiver of Subrogation. $100,000/$100,000/$500,000

Additional Insured CG 20

** New Hanover County (not the department), its officers, officials, agents and employees

Agency/Company

The requirements listed below are the GENERALLY ACCEPTED insurance requirements for this class of business.

Insurance Description Minimum Limits of Insurance Required **Subject to change depending on size/location/description of work** Commercial General Liability**

$1mil Ea. Occurrence; $1mil Products/Completed Operations; General Aggregate Limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required limit.

Business Auto Liability $1,000,000 Bodily Injury (Per Person); $1,000,000 Bodily Injury (Per Accident);

$1,000,000 Property Damage (Per Accident; Any Auto including Hired & Non-owned Liability; $2K Medical Payments Coverage

Worker’s Compensation Employer’s Liability

Statutory Limits This policy must include a Waiver of Subrogation. $1,000,000/$1,000,000/$1,000,000

Additional Insured CG 20 26

** New Hanover County (not the department), its officers, officials, agents and employees

b. Secretary of State Certificate of Authority if Service Provider is out of state.

c. Articles of Incorporation, if applicable.

d. For any proposal to be considered responsive, provide an affidavit attesting that the company is in compliance with the E- Verify provisions of Article 2 of Chapter 64 of the North Carolina General Statutes and shall ensure that any subcontractors used by Service Provider on this County Project will also comply with the E-Verify provisions.

Complete and submit the E-Verify form.

e. Complete and submit the Overdue Tax Letter form.

f. Complete and submit the Federal Certifications form.

g. Complete and submit the State Certifications form.

h. Complete and submit the Non-Discrimination, Clear Air Act, Clean Water Act form.

i. Audited Financial Statement is required for the last period audited. Service Providers with total revenue, from all sources, SPANISH TRANSLATION & INTERPRETATION SERVICES Page 10 of 42 of more than one hundred thousand dollars ($100,000) in annual funding are REQUIRED to submit an annual Audited Financial Statement (AFS) prepared by a Certified Public Accountant. The AFS must include the following:

1. Balance Sheet, Statement of Financial Position or Statement of Assets, Liabilities and Owner’s Equity

2. Statement of Income or Statement of Revenues and Expenses.

3. Statement of Cash Flows.

4. Independent Auditors’ Opinion.

5. Statements and Supplement Information.

6. The Notes to the Financial Statements are required as they provide additional detail and further explanation of the financial statements.

7. The AFS may also include additional information such as management discussion, analysis, schedules, and/or exhibits that provide further detail online items included in the basic financial statements.

j. Service Providers with total revenue, from all sources, of less than one hundred thousand dollars ($100,000) in annual funding are REQUIRED to submit at a minimum an Annual Financial Compilation prepared by a Certified Public Accountant. An AFC refers to financial statements that include the following:

1. Balance Sheet, Statement of Financial Position or Statement of Assets, Liabilities and Owner’s Equity.

2. Statement of Income or Statement of Revenues and Expenses.

3. Statement of Cash Flows.

2.6.3 Company Information

This section should highlight aspects of this proposal which make it superior or unique in addressing the needs of New Hanover County.

a. Submit an executive summary, outlining the proposal including the proposed general management philosophy.

b. Legal name of the company if doing business under some name other than that by which the company is commonly recognized and years in business.

c. Origin, state of incorporation, background, and current size.

d. Ownership structure of your company, including any significant or controlling equity holders.

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e. Summary of the approach to be undertaken to perform Translation and Interpretation Services.

f. Detailed information regarding the business segments of your company, showing the reporting structures within these segments and among these segments and the overall company.

g. Organizational changes such as divestitures, acquisitions, or spin-offs business segments that have occurred in the last two (2) years or are anticipated in the future.

h. Central operations physical address, office location.

2.6.4 Background and Experience

a. Company’s experience providing translation and interpretations services.

b. Communications scheme that your company will use to keep the County informed about the Project.

c. Company name, contact name, email and mailing address, and contact telephone number for three (3) customers of comparable size and scope of service that your Company has been under contract with providing this service.

d. Comprehensive listing of prior and/or existing similar contracts you have had within last three (3) years.

e. Any risks associated with this contract and what contingencies have been built in to mitigate those risks.

Include any plan for managing the risk of terrorism.

f. List the steps your company will take to ensure that the transition/implementation for the Project runs smoothly.

2.6.5 Customer Service Model

a. Detailed information on your Company’s customer service model.

b. Company’s experience on addressing customer complaints.

2.7 Bidder’s Exceptions to County RFP

Any proposal which is not in strict accordance with the County’s specifications shall be addressed in this section of the Proposal.

Each exception shall be addressed separately/individually.

2.8 Trade Secret Confidentiality

Upon receipt of your proposal by New Hanover County, your proposal is considered a public record except for material which

SPANISH TRANSLATION & INTERPRETATION SERVICES Page 12 of 42 qualifies as "trade secret" under N.C. General Statute 132-1.2.

After opening, your proposal will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

To properly designate material as trade secret under these circumstances, each Bidder must take the following precautions:

(a) any trade secrets submitted by a Proposer must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating This Bid," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire Proposal as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your Proposal being disqualified.

In submitting a Proposal, each Bidder agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the County in the selection process. Furthermore, each Bidder agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Vendor has designated as a trade secret.

2.9 Time for Opening Proposals

There will be no public opening of the proposals. Any proposals received after the scheduled closing time for the receipt of proposals will be rejected.

2.10 Withdrawal of Proposals

Bidders may withdraw or withdraw and resubmit their proposal at any time prior to the closing time for receipt of proposals. No proposal may be withdrawn after the scheduled closing time for receipt of proposals for a period of sixty (60) days.

2.11 Clarification of Proposals

The County reserves the option to request oral presentations, written responses, or discussion with any or all bidders for the

SPANISH TRANSLATION & INTERPRETATION SERVICES Page 13 of 42 purpose of clarification or to amplify the materials presented in any part of the proposal. However, bidders are cautioned that the County is not required to request clarification; therefore, all proposals should be complete and reflect the most favorable terms from the bidder.

2.12 Evaluations and Award of Contract

2.12.4 The contract awarded from this RFP may be awarded to

more than one provider. The award of a contract to one bidder does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed to provide the best value to the County.

2.12.5 The award of any contract resulting from this RFP will be made considering the following criteria:

2.12.5.1 Evaluation of proposal according to

completeness, content, experience with Translation and Interpretation Services, and the ability of the bidder and its staff.

(25 points)

2.12.5.2 Organization size and structure of contractor’s

firm. County will make determination if contractor’s firm is adequately sized or capable of expansion to handle work to be assigned. (20 points)

2.12.5.3 Qualifications of staff to be assigned to the

work. This will be determined from the organization support and experience information provided in the proposal form as well as any reference checks and investigations completed by the County.

(20 points)

2.12.5.4 Bidder’s Customer Service Model and Bidder’s

approach to addressing customer complaints and customer satisfaction.

(10 points)

2.12.5.5 Bidder’s understanding of the work to be

performed and demonstrating the ability to meet and/or exceed performance goals as outlined in Section 3. (15 points)

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2.12.5.6 Bidder’s ability to provide required insurance, bond, and any applicable licenses/ continuing educations certification for translation services. (10 points)

The successful sole proprietor(s) or firm(s) will be required to enter into a formal agreement that is consistent with the requirements outlined within RFP. The successful sole proprietor(s) or firm(s) to whom the Contract is awarded by the County shall within ten (10) business days after notice of award deliver to the County all required documents necessary to execute the contract. Failure to do so may result in the County exercising its right to negotiate with the next best qualified firm.

2.13 Federal Taxes

New Hanover County is exempt from and will not pay Federal Excise Taxes or Transportation Taxes.

2.14 North Carolina Sales Tax

If bidder is required to charge North Carolina sales tax on bidder's sales, bidder shall not include it as part of the proposal price.

County will pay North Carolina sales tax over and above proposal prices when invoiced.

2.15 Compensation

2.15.1 New Hanover County is soliciting proposals for a bidder that can provide interpretation services at the following rate:

• $25 per hour (The hourly rate includes compensation for mileage that may be incurred for personal vehicle use during business for the contract.)

• On call pay for after hours, weekends, and holiday will be compensated based on the County’s on call pay rate in accordance with the New Hanover County Personnel Policy.

(Actual non‐work on‐call hours x .0625 x employee’s hourly rate.)

2.15.2 Bidder will submit their pricing for translation services

2.16 Term

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2.16.1 Contract shall commence on July 1, 2024, and shall

continue until June 30, 2025. This contract is contingent upon receipt of Federal funding; any reduction or withdrawal of funding shall constitute grounds for County to forthwith terminate all or a portion of this contract. Said termination shall be within forty-eight (48) hours of Contractor’s receipt of written notification.

2.16.2 The parties may by written agreement renew this

agreement for three (3) additional one (1) year periods upon the same terms and conditions as set forth herein.

2.17 Responsibility of Compliance with Legal Requirements

2.17.1 The Contractor shall comply with all provisions of

Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (29 CFR Part 60).

2.17.2 The Contractor shall comply with all provisions of Office of Management and Budget Circular A-102, Attachment O, Contract Provisions, or any subsequent document, including but not limited to (1) requirements concerning patents, copyrights and rights in data, (2) requirements of the Clean Air Act, Clean Water Act, Executive Order 11738, and EPA regulations, and (3) requirements of the Energy Policy and Conservation Act (P.L. 94-165).

2.17.3 The Contractor hereby assures that it shall comply with

Title VII of the Civil Rights Act to the end that no person shall, on the grounds of age, race, creed, sex, or national origin be excluded from participation in, be denied the

SPANISH TRANSLATION & INTERPRETATION SERVICES Page 16 of 42 benefits of, be otherwise subjected to discrimination under this Contract or any other project, program or activity supported by this Contract.

The nondiscrimination clause contained in Section 202 Executive Order 11246, as amended by Executive Order 11375, relating to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, age or national origin and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

Program for Employment of the Handicapped (Affirmative Action): Regulations issued by the Secretary of Labor of the United States in Title 20, Part 741, Chapter VI, subchapter “c” of the Code of Federal Regulation, pursuant to the provisions of Executive Order 11758 and Section 503 of the Federal Rehabilitation Act of 1973 and the American Disabilities Act of 1992 are incorporated herein.

2.17.4 Neither the Contractor nor County shall be deemed to have breached the contract if the failure to perform the Contract arises out of causes beyond the control and without the fault or negligence of either party. Such causes are specifically restricted to acts of God, fires, quarantine restrictions, freight embargos and/or State computer system failures not attributable to Contractor’s negligence.

If Contractor’s failure to perform is not the result of causes beyond its control or acts of God, Contractor will be liable.

Any change in market conditions and/or economic environment shall not constitute a force majeure.

2.18 Indemnity

Contractor shall indemnify and hold the State of North Carolina and New Hanover County, their agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages, real or personal, tangible or intangible arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors.

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2.19 Independent Contractor

It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker’s compensation, or pension or retirement benefits.

2.20 Addendum to RFP

The RFP package constitutes the entire set of instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be sent to all bidders who are listed with the Finance Office as having received the RFP package and posted on the New Hanover County Finance Department’s website and the State’s Interactive Purchasing System.

2.21 Compliance With Proposal Requirements

Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of

2.22 Right to Make Investigations

The County reserves the right to make investigations as necessary to determine the qualifications and abilities of each firm to perform the services requested and to complete the project in a satisfactory manner within the specified time frame.

2.23 Right to Reject Proposals

The County reserves the right to reject any or all proposals and to make the award which will be in the best interest of the County.

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2.24 E-Verify

Firms and their subcontractors with 25 or more employees as defined in Article 2 of Chapter 64 of the NC General Statutes must comply with E-Verify requirements to contract with governmental units. E-Verify is a Federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law.

Please understand that Contractors, as defined above, must use E- Verify. Therefore, all Firms must be in compliance with the E- Verify requirements to enter into contracts with New Hanover

2.25 Certificate of Authority

Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15- 01(a) (business corporations); G.S. 55A- 15-01(a) (nonprofit corporations); G.S.

57D-7-01(a) (limited liability companies);

G.S. 59-902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S. 55B-16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.26 Ownership of Documents

All SOQs and accompanying documentation will become the property of New Hanover County at the time the SOQs are opened and as such will not be returned to the Firm.

2.27 Use of Federal Funds

If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. §

200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis- Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C.

3145); Contract Work Hours and Safety Standards Act (40

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U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387);

Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31U.S.C. 1352);

Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324).

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SECTION 3 TECHNICAL SPECIFICTIONS

3. TECHNICAL SPECIFICATIONS

3.1 Purpose of Solicitation

New Hanover County is soliciting proposals to establish a contract through competitive negotiations to acquire the services of a contractor that can provide the Translation and Interpretation Services for New Hanover County Department Health and Human Services. This contract will be for a one-year period with three additional one-year renewal options.

3.2 Scopes of Services/ Contractor Responsibilities

3.2.1 The bidder will provide Spanish Translation and

Interpretation Services during agency operational hours identified as Monday, Wednesday, Thursday, and Friday from 8:00 am-5:00 pm and Tuesday 8:00 am – 6:00 pm.

It is the expectation that Spanish Interpretation Services will be conducted in person, with the Contractor and/or it’s employees, being located at New Hanover County Health and Human Services. An office/cubicle space with be provided. It is also the expectation that in certain situations an interpreter may have to accompany a Social Worker in the community to provide interpretation services.

3.2.2 The bidder will provide Spanish Translation and

Interpretation Services after normal agency operational hours, holidays and weekend to address after-hours social worker emergency needs.

3.2.3 The bidder may elect to bid on one or both services. The bidder is response for confirming the following service(s) in which they are submitting a proposal.

Election Options:

• Interpretation Services Only

• Translation Services Only (all languages)

• Both Interpretation and Translation Services

3.2.4 The County wishes to contract with a contractor who is

SPANISH TRANSLATION & INTERPRETATION SERVICES Page 21 of 42 capable of providing the above-listed services. At the date of the issuance of this RFP the bidder must possess the following qualifications:

3.2.4.1 Competency: Demonstrate a

competency in performing services defined.

3.2.4.2 Successful History:

Demonstrate a successful history of providing the services to other similar State or Local government and/or agencies of similar size.

3.2.4.3 Substantial Prior Experience:

Demonstrate a prior, substantial experience in providing and managing Translation and Interpretation Services to other similar State or Local government and/or agencies of similar size.

3.3 County Responsibilities

3.2.3.4 Commitment and

Understanding: Demonstrate a commitment to and understanding of the operational needs of the County.

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3.3.1 The County is responsible for supervision of the firm or sole proprietor. Standards of work performance are set by the County, and outcomes of work performance as a result of these standards are the responsibility of the County. Any dissatisfaction with the sole proprietor/ contractor employee’s work performance is to be immediately reported to the service provider.

3.3.2 The County will, when feasible, provide information on the availability of continuing education courses annually.

3.4 Contractor Responsibilities

3.4.1 Training

The bidder must complete, at a minimum, Level I and Level II Interpreter Certification prior to placement. It is required that within 6 months of placement the bidder must complete the Level III and Level IV Interpreter Certification in order to maintain a contractor employee placement or contract with a sole proprietor. In addition, the bidder must participate in 4-8 hours continuing interpreter education annually for all staff.

In addition, the Contractor will hereby ensure that all employees complete the New Hanover County “Customer Service The NHC Way” course within 90 days of the start date of the contract. The County will schedule a special training session for the Contractor. Any employee hired after the group training session must complete the training within 30 days of their start date or before the end of the initial contract period, whichever comes first.

3.4.2 Service Logs

The bidder will complete a log of services rendered for invoicing guidelines. The County will provide guidance on the information that must be included of the service log.

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3.4.3 Staffing

3.4.3.1 Qualifications of Contractor’s

Staff: The Contractor shall warrant that all persons assigned by it to perform this Contract shall be fully qualified to perform the work herein. The Contractor shall notify the County of any employee conduct or action that does not align with the County’s Customer Service and Core Value standards that may negatively impact the County or portrays the County in a negative manner while conducting business on behalf of the County.

3.4.3.2 The Contractor shall use its best

efforts to ensure that its employees and agents, while on State and/or County premises, shall comply with site rules and regulations of the State and/or

3.4.4 Confidentiality

3.4.4.1 During the transition, operation, and post

operation of the Program, the bidder shall adhere to all confidentiality laws, rules, and regulations.

3.4.4.2 The Contractor acknowledges that much

of the material and information which shall come into its possession or knowledge in connection with this

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Contract or its performance, consists of information confidential to County or third parties, which disclosure to or use by third parties may be damaging.

3.4.4.3 Accordingly, all materials and information

provided to the Contractor by the County or acquired by the Contractor on behalf of the County, whether verbal, written, magnetic tape, cards or otherwise and which have been identified by the County as confidential, shall be regarded as confidential. Personal data of clients and others associated with the County shall be confidential, without being identified as confidential. Any business or technical information which the County considers confidential must be identified as such to the Contractor in writing.

3.4.4.5 Confidential information shall be protected

from disclosure in accordance with North Carolina and Federal law.

3.4.4.6 No obligation of confidentiality applies to

the Contractor for any ideas, concepts, know-how or techniques contained in confidential information.

3.4.5 State and/or County Property

Contractor shall be responsible for the proper custody and care of any County or State owned or furnished property, and/or properties reimbursed by public funds, for the Contractor’s use in connection with the performance of this Contract, and the Contractor shall reimburse the County and/or State for its loss or damage, normal wear and tear excepted. Any such property or equipment will be returned to the County at the end of the contract or when no longer used.

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3.4.6 Customer Satisfaction

3.4.6.1 It is the expectation that the Contractor and its

employees will model the County’s core shared values:

• Professional

• Innovation

• Integrity

• Stewardship

• Accountability

• Equity

3.4.6.2 All employees of the Contractor must maintain a

pleasant, courteous, professional demeanor at all times. Complaints of rudeness or unprofessional behavior will not be tolerated.

3.4.6.3 It is the expectation that the Contractor will meet

with the County upon their request to discuss any concerns of customer service delivery or performance.

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S E CT I O N 4 ANT I - C O L L US I O N AF F I DA VI T

STATE OF

COUNTY OF

, being first duly sworn deposes and says that:

1. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal.

2. Such proposal is genuine and is not collusive or sham.

3. Neither the said bidder, nor any of its officers, partners, owners agents, representatives, employees or parties in interest, including this affiant, has in any way collude, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit collusive or sham proposals in connection with the contract for which the attached proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix any overhead, profit, or cost element of the proposal price of any other bidder to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against New Hanover County, or any person interested in the proposed contract; and

4. The price or prices quoted in the attached proposal are fair and proper and are not contained by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties, in interest, including this affiant.

Printed Name:

Signature:

Date:

Subscribed and sworn to before me, this the day of , 20 .

Notary Public

My Commission expires:

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SECTION 5

Conflict of Interest Policy

The Board of Directors/Trustees or other governing persons, officers, employees, or agents are to avoid any conflict of interest, even the appearance of a conflict of interest. The Organization‘s Board of Directors/Trustees or other governing body, officers, staff and agents are obligated to always act in the best interest of the organization. This obligation requires that any Board member or other governing person, officer, employee or agent, in the performance of Organization duties, seek only the furtherance of the Organization mission. At all times, Board members or other governing persons, officers, employees or agents, are prohibited from using their job title, the Organization's name or property, for private profit or benefit.

A. The Board members or other governing persons, officers, employees, or agents of the Organization should neither solicit nor accept gratuities, favors, or anything of monetary value from current or potential contractors/vendors, persons receiving benefits from the Organization or persons who may benefit from the actions of any Board member or other governing person, officer, employee, or agent. This is not intended to preclude bona-fide Organization fund raising activities.

B. A Board or other governing body member may, with the approval of Board or other governing body, receive honoraria for lectures and other such activities while not acting in any official capacity for the Organization. Officers may, with the approval of the Board or other governing body, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. If a Board or other governing body member, officer, employee or agent is acting in any official capacity, honoraria received in connection with activities relating to the Organization are to be paid to the Organization.

C. No Board member or other governing person, officer, employee, or agent of the Organization shall participate in the selection, award, or administration of a purchase or contract with a vendor where, to his knowledge, any of the following has a financial interest in that purchase or contract:

1. The Board member or other governing person, officer, employee, or agent;

2. Any member of their family by whole or half blood, step or personal relationship or relative-in-law;

3. An organization in which any of the above is an officer, director, or employee;

4. A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment or contracts.

D. Duty to Disclosure -- Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to the Board or other governing body or one’s supervisor immediately.

E. Board Action -- When a conflict of interest is relevant to a matter requiring action by the Board of Directors/Trustees or other governing body, the Board member or other governing person, officer, employee, or agent (person(s)) must disclose the existence of the conflict of interest and be given the opportunity to disclose all material facts to the Board and members of committees with governing board delegated powers considering the possible conflict of interest. After disclosure of all material facts, and after any discussion with the person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists. In addition, the person(s) shall not participate in the final deliberation or decision regarding the matter under consideration and shall leave the meeting during the discussion of and vote of the Board of Directors/Trustees or other governing body.

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F. Violations of the Conflicts of Interest Policy -- If the Board of Directors/Trustees or other governing body has reasonable cause to believe a member, officer, employee or agent has failed to disclose actual or possible conflicts of interest, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose. If, after hearing the person's response and after making further investigation as warranted by the circumstances, the Board of Directors/Trustees or other governing body determines the member, officer, employee or agent has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

G. Record of Conflict -- The minutes of the governing board and all committees with board delegated powers shall contain:

1. The names of the persons who disclosed or otherwise were found to have an actual or possible conflict of interest, the nature of the conflict of interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of interest in fact existed.

2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement that presents a possible conflict of interest, the content of the discussion, including any alternatives to the transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Approved by:

Name of Organization

Signature of Organization Official

Date

NOTARIZED CONFLICT OF INTEREST POLICY

State of

County of

I, , Notary Public for said County and State, certify that personally appeared before me this day and acknowledged that he/she is of [enter name of entity] and by that authority duly given and as the act of the Organization, affirmed that the foregoing Conflict of Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held on the day of , .

Sworn to and subscribed before me this day of , .

Notary Public OFFICIAL SEAL

My Commission expires , 20

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SECTION 6 OVERDUE TAXES

Entity’s Letterhead

[Date of Certification (mm/dd/yyyy)] To:

New Hanover County Health & Human Services Certification:

We certify that the [insert organization’s name] does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. We further understand that any person who makes a false statement in violation of N.C.G.S. 143C-6-23(c) is guilty of a criminal offense punishable as provided by N.C.G.S.) 143C- 10-1b.

Sworn Statement:

[Name of Board Chair] and [Name of Second Authorizing Official] being duly sworn, say that we are the Board Chair and [Title of the Second Authorizing Official], respectively, of [insert name of organization] of [City] in the State of [Name of State]; and that the foregoing certification is true, accurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action.

Board Chair

[Title of Second Authorizing Official]

Sworn to and subscribed before me on the day of the date of said certification.

My Commission Expires:

(Notary Signature and Seal)

1 G.S. 105-243.1 defines: Overdue tax debt. – Any part of a tax debt that remains unpaid 90 days or more after the notice of final assessment was mailed to the taxpayer. The term does not include a tax debt, however, if the taxpayer entered into an installment agreement for the tax debt under G.S. 105-237 within 90 days after the notice of final assessment was mailed and has not failed to make any payments due under the installment agreement.”

SECTION 7 MINORITY FORM

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Submit with Your Proposal

Minority & Women Business Enterprise (MWBE) Program FORM

A. Authorized Representative

I HEREBY AFFIRM THAT:

I am [name] , [title] , and the duly authorized representative of [Business Name] and that I possess the legal authority to make this statement on behalf of myself and the Business for which I am acting.

B. Affirmation Regarding MWBEB Program Acknowledgement and Compliance

I FURTHER AFFIRM THAT:

I am aware of and intend to comply with the County’s MWBE Program. As such [check one]:

The Business is certified as a woman- or minority-owned business by an accepted agency. (Attach proof certification)

The Business is a woman- or minority-owned business but has not been certified by an accepted agency. (Attach document of ownership such as articles of incorporation, current business license, K-1 of the most recent business tax return.)

The Business is not a woman- or minority-owned business; however, the bidder acknowledges the MWBE policy and if it should become necessary to subcontract some portion of the work at a later date or obtain materials or services in conjunction with this solicitation, the bidder will institute good faith efforts to comply with all requirements of the MWBE program in providing equal opportunities to MWBEs.

Signature: Date:

SECTION 8 E-VERIFY

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AFFIDAVIT of COMPLIANCE with NC E-VERIFY STATUTES (To be submitted with all bids)

I, (hereinafter the “Affiant”), duly authorized by and on behalf of

(hereinafter the “Employer”) after being first duly sworn deposes and says as follows:

1. I am the (President, Manager, CEO, etc.) of the Employer and possess the full authority to speak for and on behalf of the Employer identified above.

2. Employer understands that “E-Verify” means the federal E-Verify program operated by the United States Dept. of

Homeland Security and other federal agencies, or any successor or equivalent…