Agreement with Language Line Services Inc
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Request for Proposal
under A.R.S. § 41-2534
Notice Page
Solicitation No. BPM005633
Foreign Language Interpretation and
Translation Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue, Suite 305
Phoenix, AZ 85007
Solicitation Number:
BPM005633
Description:
Foreign Language Interpretation and Translation
Services
Solicitation Due Date and Time:
October 5, 2023 at 3:00 PM
Pre-Offer Conference:
September 21, 2023 from 10:00-12:00 pm
Meeting ID
meet.google.com/bsw-wpra-sip
Phone Numbers
(US)+1 413-350-0324
PIN: 942 239 632#
Proposals will only be accepted online in the “State’s eProcurement System”, Arizona
Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the
“State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals
must be in the State Procurement Office’s possession online no later than that deadline.
Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement
System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by
email to app@azdoa.gov.
LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for
delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or
misunderstanding of the requirements or procedures for online submission in the “State’s
eProcurement System”.
It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation
Amendments. Additional instructions for preparing an Offer are included in this solicitation.
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 1 of 78
Request for Proposal
Arizona Department of Administration
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible
to allow time to arrange for the accommodation.
Solicitation Summary
Page 2 of 78
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Table of Contents
Request for Proposal under A.R.S. § 41-2534
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue, Suite 305
Phoenix, AZ 85007
Notice Page
Table of Contents
Solicitation Summary
4
Scope of Work
6
Special Terms and Conditions
19
Addendum B to the Special Terms and Conditions
34
Uniform Terms and Conditions________________________________________________58
Exhibit A
74
Exhibit B___________________________________________________________________80
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Solicitation Summary
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Summary
1.
What is the State Soliciting?
The Arizona Department of Administration, State Procurement Office (the State), as authorized
under A.R.S. § 41-2501 et seq. is seeking to establish one or more mandatory statewide Contracts
to provide Foreign Language Interpretation and Translation Services.
The State anticipates awarding contract(s) with the intent to secure service coverage statewide.
Whether or not it actually enters into any contracts, how many contracts it enters into, and how the
work is awarded between those contracts are all at the State’s discretion. Furthermore, the State
will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending
under them.
The State reserves the right to accept any item or combination of items specified in the Solicitation,
unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions
its response on receiving all items for which it provided a proposal. In the event of such restriction,
the State will evaluate if an award on such a basis will result in the best value and is in the best
interest for the State. The State may otherwise determine, at its sole discretion that such restriction
is non-responsive and deem the Offeror ineligible for further evaluation.
2.
What is in the Solicitation?
2.1.
At the time of publication, the following documents are included in the Solicitation:
2.1.1.
Attachment: BPM005633 Solicitation Requirements
2.1.1.1.
Notice / Cover Page
2.1.1.2.
Table of Contents
2.1.1.3.
Solicitation Summary
2.1.1.4.
Scope of Work
2.1.1.5.
Special Terms and Conditions
2.1.1.6.
Addendum A to the Special Terms and Conditions
2.1.1.7.
Addendum B to the Special Terms and Conditions
2.1.1.8.
Uniform Terms and Conditions
2.1.1.9.
Exhibit A
2.1.1.10.
Exhibit B
2.1.2.
Attachment: BPM005633 Solicitation Instructions
2.1.2.1.
Special Instructions to Offerors
2.1.2.2.
Uniform Instructions to Offerors
2.1.3.
Solicitation Attachments
2.1.3.1.
Offer and Acceptance;
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Solicitation Summary
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
2.1.3.2.
Boycott of Israel Disclosure;
2.1.3.3.
Forced Labor of Ethnic Uyghurs Ban;
2.1.3.4.
Confidential Information Designation;
2.1.3.5.
Conformance Statements with Supplement Documents;
Exceptions to Instructions, Scope, and Contract Terms and
Conditions
2.1.3.6.
Key Personnel;
2.1.3.7.
Letter of Insurability;
2.1.3.8.
Organization Profile;
2.1.3.9.
Proposed Subcontractors;
2.1.3.10.
Experience and Capacity Response;
2.1.3.11.
References
2.1.3.12.
Method of Approach
2.1.3.13.
Pricing Document
2.1.3.14.
Offered Languages
2.1.3.15.
Business Associate Agreement (HIPPA)
2.1.3.16.
AZ Baseline Infrastructure Security Controls
2.1.3.17.
Arizona Baseline Security Controls Pre-Requisite
2.2.
The State may issue a Solicitation Amendment at any time after Solicitation publication
and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely
check the APP website for any Solicitation Amendments and revised documents.
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
Scope of Work
1.0
PURPOSE AND BACKGROUND
1.1
Purpose: The State of Arizona Department of Administration, State Procurement
Office (defined as “The State”) is seeking to enter into contracts with qualified
foreign language interpreters and translators to provide services for the State of
Arizona, it’s Agencies, Boards and Commissions as well as Participating
Members of the State Purchasing Cooperative (collectively herein referred to as
Eligible Agencies).
1.2
Background/Mission: The objective is to decrease language and other
communication barriers by ensuring accessibility for any State of Arizona
department, agency, university, commission, or board (hereafter referred to as
Eligible Agencies), and Co-Op Buyers, employees and/or consumers who
converse in languages other than English.
The State requires various types of On-Site, Video Remote Interpreting (VRI),
Over the Phone Interpreting (OPI) as well as Document Translation services.
These services take place in a variety of business, court/legal, community, public
service, and medical settings throughout the State of Arizona.
1.3
Projected Awards: It is the intent of the State to award multiple contracts for the
required services and it is the intention of the State to award contracts that will
provide coverage for all of these services throughout the State of Arizona.
1.4
Projected Utilization: The estimated dollar volume of services purchased under
the proposed contract is approximately $2 to $3 million annually based on
historical usage data and anticipated volumes. This contract will be used on an
as-needed basis; the State makes no guarantee as to actual spend under any
resultant contract.
2.0
DEFINITIONS
2.1
Certified Interpreter and/or Translator: an individual who has passed an
examination administered by a recognized examination agency, such as the
American Translators Association, the Federal Court Interpreter’s examination, or
an examination administered by a State Court, or University accredited by the
United States.
2.2
Document Translation: the act of rendering a written communication from one
language to another.
2.3
Interpretation: the process of converting the words, emotions, and tone of a
spoken language into another language orally.
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
2.4
On-Site Interpretation: a spoken language interpreter is scheduled to meet a client
at any given location for an interpretation assignment. In person interpreter
services facilitate communication between two parties who speak different
languages.
2.5
Over the Phone Interpreting or OPI: off-site interpreting services provided via
telephone.
2.6
Qualified (Non-Certified) Interpreters and/or Translators: an individual who is able
to interpret/translate effectively, accurately and impartially, both receptively and
expressively, using any necessary vocabulary. A Qualified (Non-Certified)
individual shall possess competence in both the source language and the target
language and shall be able to demonstrate knowledge and skill gained from
experience working in the language
2.7
Video Remote Interpreting (VRI): off-site interpreting services provided
through videoconferencing technology equipment and a high-speed internet
connection with sufficient bandwidth.
2.8
Voiceover Translation Services: an audiovisual translation technique by which
narrative scripts are first translated and then recorded by native-language
speaking talent over the original audio track which can be heard in the
background.
3.0
SCOPE OF WORK
3.1
General Requirements
3.1.1 The Contractor shall provide specialized interpretation and/or translation
including, but not limited to medical, scientific, legal, or educational
terminology, utilizing:
3.1.1.1
Certified Interpreter and/or Translators; and/or
3.1.1.2
Qualified (Non-Certified) Interpreters and/or Translators.
3.1.2 The Contractor shall have policies in place concerning code of
ethics/code of conduct for interpreters to follow. Contractor must be able
to provide any applicable policies, as requested by an Eligible Agency,
within ten (10) business days.
3.1.2.1
Contractors providing translation services shall comply with the
American Translators Association Code of Ethics and
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
Professional Practice (https://www.atanet.org/about-us/code-of-
ethics)
3.1.2.2
For services provided in a health care setting, the Contractor
and assigned personnel shall follow the National Standards of
Practice for Interpreters in Health Care issued by the National
Council
on
Interpreting
in
Health
Care
(http://www.ncihc.org/ethics-and-standards-of-practice).
3.1.3 The Contractor shall be capable of receiving documents by facsimile, e-
mail or other electronic means (i.e. PDF, standard word processing
languages, etc.), U.S. Postal Service (USPS) or courier delivery.
3.1.4 Assignments providing services related to the Arizona Department of
Revenue shall require the Contractor to sign the “Certification of
Confidentiality Awareness Form” (Section 3-B: Offer Forms, Attachment
5-A1 Confidential Agreement of Non-DOR-Employees).
3.1.5 For assignments providing services to the Department of Corrections
(DOC) or the Department of Juvenile Corrections (ADJC) or agencies
with similar requirements;
3.1.5.1
Interpreters shall have
1. A clear criminal background check prior to entering the
facility.
2. Valid Level One Fingerprint clearance card
3.1.5.2
DOC and ADJC may supply an identification card for the
interpreter(s), and this identification (I.D.) card shall be worn
while on prison grounds.
3.1.5.3
The Eligible Agency reserves the right to deny entry to any
interpreter whose conduct on previous occasions had not been
appropriate in interacting with an inmate population.
3.1.6 Contractor services shall include Spanish Language Services, Core
Languages Services, and Rare Languages Services as explained in Exhibit
B.
3.1.7 The Contractor shall have translators available that can appropriately
handle a wide variety of translation requests, especially ones involving the
need to clearly communicate with immigrants who may have a limited
understanding of American culture.
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
3.2
Specific Requirements
3.2.1 Request for Services
3.2.1.1
The Eligible Agency will:
1. Request services by email, at least two (2) business days in
advance when circumstances permit.
a. On an emergency basis, the Eligible Agency may call the
same day the services are required. The Contractor shall
state, at the time of order, when an interpreter will be
made available to the Eligible Agency.
2. Identify the specific situation involved (e.g. legal, health,
financial matters, artistic setting, etc.) and appropriate attire.
3. Indicate if any special skills are required at time of request.
4. Include the following information for documents that they
want translated:
a. An accurate count of words on the document(s)
requesting to be translated.
b. The expected educational level of the audience for which
the requested document(s) are being translated.
c. An approved final draft for the Contractor to translate into
the requested target language
5. Cancellations:
a. Eligible agencies may reserve the right to cancel an
order, without penalty or charge, providing the Eligible
Agency notifies the Contractor twenty-four (24) business
hours prior to assignment for Spanish Languages
Services and forty-eight (48) business hours prior to
assignment for Core Languages Services and Rare
Languages Services.
b. If the Eligible Agency fails to give the Contractor sufficient
notice of cancellation, the Eligible Agency shall pay the
Contractor for two (2) hours of service in accordance with
the rates contained on the Arizona Procurement Portal
(APP).
3.2.1.2
The Contractor shall:
1. Acknowledge receipt of the service request within twenty-
four (24) hours of receiving it.
2. Assign personnel with the knowledge and expertise able to
provide specialized interpreting service (if deemed
necessary or requested).
3. In the event of a conflict in determining the appropriate level,
the Eligible Agency shall have final authority.
4. Cancellations:
a. The Contractor shall notify the Requester immediately
and attempt to replace the interpreter if the interpreter
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
assigned by the Contractor cancel prior to the
assignment.
b. The Contractor shall reimburse the Requester for any
additional costs incurred, in accordance with the terms
and conditions of this contract if the Requester elect to
procure the services of a substitute interpreter from
another Contractor due to:
1) Assigned interpreter fail to appear at the time and
place specified after the Contractor has confirmed
the assignment, or
2) Assigned interpreter does not meet the qualification
requirements for the assignment.
3.2.1.3
Interpreters may be required to meet with the Eligible Agency
prior to a service request for special direction. This meeting may
also allow the Eligible Agency and interpreter to decide if the
assignment is a correct fit.
3.2.1.4
If a specific interpreter has been requested by an Eligible Agency
and confirmed by the Contractor, or if an interpreter is on-site
providing services, no substitution can be made without
notification to and approval from the requesting Eligible Agency.
3.2.2 On-Site Interpretation
3.2.2.1
Modes of Interpretation. The Contractor shall provide
interpreters who are capable of providing the modes of
interpretation listed below.
1. Classic Interpreting/Long Consecutive: For conference
interpreting or in a variety of tribunal, arbitration, liaison,
educational, group or business settings. The interpreter can
listen to the totality of a long passage or the speaker’s
comments and then reconstitute the speech with the help of
notes.
2. Consecutive Interpreting: Involves a pause between
language conversions; first the interpreter listens to the
entire original phrase or passage, then they interpret it into
the other language.
3. Sequential Interpreting/Short Consecutive: For most
medical, social services and legal interpreting, the interpreter
operates at the sentence level as opposed to working with
paragraphs or entire speeches. An interpreter may ask the
speaker to clarify or to repeat to ensure accuracy and
completeness.
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
4. Sight Translation: For source material that is written, the
interpreter reads the entire document before beginning the
oral translation to the client.
5. Simultaneous
Interpreting:
Real-time
interpreting;
speakers talk as they normally would, without pause, as the
interpreter listens to one language and speaks in the other.
This service is common when the interpreter is listening with
headphones in a booth and speaking to a person or into a
microphone for people with headsets.
3.2.2.2
Translation can be done by Certified or Qualified Interpreters.
3.2.2.3
Services shall be performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Agencies may
request other service hours or weekend coverage under
“After-hour, Weekend and Holiday Services”.
3.2.2.4
The Contractor shall provide headset equipment as requested.
3.2.2.5
As part of the hourly rate, the interpreter is expected to arrive
fifteen (15) minutes prior to the scheduled appointment or at the
time designated by the Eligible Agency.
1. An interpreter that is late on an assignment shall be paid a
pro-rated fee by deducting the amount of time late from the
time originally requested by the Eligible Agency.
3.2.3 Over-the-Phone Interpretation Services. The Contractor shall provide:
3.2.3.1
Professionally trained and certified interpreters who shall be
capable of accurately relaying information given by the Eligible
Agency personnel.
3.2.3.2
An established toll free calling system to receive and route calls
to the appropriate interpreter available twenty-four (24) hours
per day, seven (7) days a week, including State observed
holidays.
3.2.3.3
An efficient call routing and dispatch system in place to connect
customers with the appropriate interpreter with minimal delay.
3.2.3.4
A toll-free over-the-phone customer support available twenty-
four (24) hours per day, seven (7) days a week, including State
observed holidays.
3.2.4 Video Remote Interpreting (VRI). The Contractor shall:
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
3.2.4.1
Provide professionally trained and certified interpreters who shall
be capable of accurately relaying information given by the Eligible
Agency personnel.
3.2.4.2
Be equipped with videoconferencing technology equipment and
a high-speed internet connection with sufficient bandwidth.
3.2.4.3
Provide services Monday through Friday between the hours of
7:00 AM – 5:00 PM.
3.3.1 Court/Legal Interpretation Services. Court/legal interpretation is a
service provided by a court-certified interpreter trained to interpret
between English and one or more foreign languages.
3.3.1.1
Translation shall be performed by certified interpreters who have
knowledge and experience in the United States and Arizona legal
and
court
systems.
(www.azcourts.gov/Portals/22/admorder/Orders16/2016-02.pdf)
3.3.1.2
The translator shall:
1. Be adept at simultaneous interpretation, which is the most
frequent form of interpretation used in the courtroom, in
consecutive interpretation and sight translation
2. Have the ability to accurately turn the message from the
source language into the receptor language without any
additions, omissions or other misleading factors that alter the
intended meaning of the message from the speaker.
3. Have a broad legal and court-related vocabulary base in
which to work.
4. Be aware of the standards and practices of the courts in
which the interpreter is to appear.
3.3.2 Document Translation Services. Document translation services shall be
provided for various tasks, such as general correspondence, technical or
scientific materials, high level study materials, legal documents, forms,
booklets, pamphlets, A/V materials, etc.
3.3.2.1
The documents that are sent to the Contractor may fall under
the category of National Institute of Standards and Technology
(NIST) NIST Low Impact, thus the Offeror shall (as applicable):
a. Submit a completed Arizona Baseline Infrastructure
Security
Controls
Pre-Requisite
(35
questions)
assessment spreadsheet (Attachment 17) as part of their
proposal.
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
b. Accept Agency documents to be transcribed via a
Secure FTP connection.
3.3.2.2
Contractor shall review each translation prior to delivery to the
Eligible Agency to ensure that the translated document is
linguistically accurate and consistent with the formatting and
technical specifications of the original document. The project will
not be considered complete if any inaccuracy or inconsistency is
found.
3.3.2.3
Contractor shall correct, at no cost to the Eligible Agency, any
errors in formatting or translation identified by the Eligible
Agency. Costs associated with mass duplication of translated
documents, which are found to be materially inaccurate after
mass duplication, will be the responsibility of the Contractor.
1. In the instance that a Contractor does not understand a
phrase/word/technical term or if the Contractor has any
questions regarding the document to be translated, the
Contractor shall immediately contact the Eligible Agency for
any clarifications.
3.3.2.4
For all assignments, the Contractor shall return all original
documentation to the requesting Eligible Agency.
3.3.2.5
Turnaround time for standard written translations shall not exceed
fourteen (14) days. Contractor shall indicate an estimated finish
date of the final draft at time of request from the Eligible Agency.
If a document requires special skills, considered urgent or
otherwise critical to the Eligible Agency, the agency and
Contractor may agree upon an acceptable delivery time.
3.3.3 Voiceover Translation Services. Voice over translation is an audio-
visual conversion of dialogue from one language to another. The
Contractor shall:
3.3.3.1
The Contractor shall first translate the original script narrative,
and then have a voice talent record the translated language on
to the video
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
3.3.3.2
Contractor shall review each translation prior to delivery to the
Eligible Agency to ensure that the translated audio/video is
linguistically accurate and consistent with the formatting and
technical specifications of the original audio/video. The project
will not be considered complete if any inaccuracy or
inconsistency is found.
1. In the instance that a Contractor does not understand a
phrase/word/technical term or if the Contractor has any
questions regarding the audio/video to be translated, the
Contractor shall immediately contact the Eligible Agency for
any clarifications.
3.3.3.3
For all assignments, the Contractor shall return all original
audio/video to the requesting Eligible Agency.
3.3.3.4
The agency and Contractor shall agree upon an acceptable
turnaround and delivery timeframe.
4.0
PRICING
4.1
Rates shall be on an all-inclusive basis, and shall contain the labor rate,
labor benefits, travel for specified AZ counties that are less than 50 miles
away, payroll burden, insurance, workman's compensation, all taxes,
profit, overhead, general and administrative expenses, fees and all other
related charges.
4.2
On-Site Interpretation Services
4.2.1
The hourly rate charged per assigned interpreter for services
performed during Monday through Friday between the hours of
7:00 AM – 5:00 PM.
4.2.2
All assignments shall be charged an initial two (2) hour rate
minimum with any additional required service time billed in per-
hour increments. Cumulative total hours not to exceed a work
day of eight (8) to ten (10) hours maximum.
4.2.3
As part of the hourly rate, the interpreter is expected to arrive
fifteen (15) minutes prior to the scheduled appointment or at the
time designated by the Eligible Agency.
1. An interpreter that is late on an assignment shall be paid a
pro-rated fee by deducting the amount of time late from the
time originally requested by the Eligible Agency.
4.2.4
On-site Interpretation Lesser Use Languages - The hourly rate
charged per assigned interpreter for services performed during Monday
through Friday between the hours of 7:00 AM – 5:00 PM. Minimum of 2
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
hrs. Spanish Language Services, Core Languages Services, Rare
Languages Services.
4.3
Court/Legal On-Site Interpretation Services
4.3.1
The hourly rate charged per assigned interpreter for services
performed during Monday through Friday between the hours of
7:00 AM – 5:00 PM.
4.3.2
All assignments shall be charged an initial two (2) hour rate
minimum with any additional required service time billed in per-
hour increments. Cumulative total hours not to exceed a work
day of eight (8) to ten (10) hours maximum.
4.3.2
As part of the hourly rate, the interpreter is expected to arrive
fifteen (15) minutes prior to the scheduled appointment or at the
time designated by the Eligible Agency.
1. An interpreter that is late on an assignment shall be paid a
pro-rated fee by deducting the amount of time late from the
time originally requested by the Eligible Agency.
4.3.3.
Court/Legal On-Site Interpretation Lesser Use Languages -
The hourly rate charged per assigned interpreter for services
performed during Monday through Friday between the hours
of 7:00 AM – 5:00 PM. Minimum of 2 hrs. Spanish Language
Services, Core Languages Services, Rare Languages
Services
4.4
Over-the-Phone (OPI) Interpretation Services
4.4.1
Services shall be provided twenty-four (24) hours per day, seven
(7) days a week, including State observed holidays.
4.4.2
Services shall be billed in per minute increments.
4.4.3
Over-the-Phone (OPI) Interpretation Lesser Use Languages -
The per-minute rate for OPI Services. Spanish Language
Services, Core Languages Services, Rare Languages
Services.
4.4.4
The contractor shall provide the following features and services
at no additional charge to Client:
1.
toll-free over-the-phone customer support available twenty-four
(24) hours per day, seven (7) days a week, including State
observed holidays
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
2.
on-line service-usage reporting
3.
monthly invoices with standard granular usage details.
4.5
Video Remote Interpreting (VRI) Services
4.5.1
The rate charged per assigned interpreter for services
performed during Monday through Friday between the hours of
7:00 AM – 5:00 PM. Services shall be billed in per-minute
increments.
4.5.2
Video Remote Interpreting (VRI) Services The per-minute rate
charged per assigned interpreter for services performed during
Monday through Friday between the hours of 7:00 AM – 5:00
PM. Spanish Language Services, Core Languages Services,
Rare Languages Services.
4.6
Document Translation Services
4.6.1
Document to Document Translation.
1. The per-word rate for the translation from one written
document to another written document. This includes the
translation of documents (brochures, flyers, pamphlets, etc.)
requiring desktop publishing.
2. Shall be billed with a 300 word minimum.
3. Document to Document The per-word rate for the translation
from one written document to another written document.
Spanish Language Services, Core Language Services, and
Rare Languages Services
4. Document to Document Expedite Charge – Rate for
expediting of Document to Document Services.
4.6.2
Audio Tape to Written Document. Shall be billed at the per-
minute rate for the translation of audio tapes, files, etc.
1. Audio Tape to Written Document The per-minute rate for the
translation of audio tapes, files, etc. Spanish Language
Services, Core Language Services, and Rare Languages
Services
2. Audio Tape to Written Document Expedite Charge – Rate for
expediting of Audio Tape to Written Document Services.
4.7
Voiceover Translation Services
4.7.1
Services shall be billed at a per-minute rate charged for
voiceover translation service.
4.7.2
Voiceover
Translation
The
per-minute
rate
for
translation of Voiceover Services. Spanish Language
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
Services,
Core
Language
Services,
and
Rare
Languages Services
4.7.3
Voiceover Translation Expedite Charge - Rate for expediting of
Voiceover Translation.
4.8
Additional Translation Upcharges
4.8.1
Trilingual/Relay On-Site Interpretation Services
1. Additional charge on the hourly rate for interpreting three
languages
2. Applicable for on-site services and court/legal interpretation
services only.
4.8.2
After-hour, Weekend and Holiday Services
1. Additional charge on the hourly rate for services performed
after normal business hours, on weekends or State holidays.
Business hours shall be defined as Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Holiday charges
shall apply to any State observed holidays.
2. This rate does not apply to Over-the-Phone, Document
Translation, or Voiceover Translation services.
4.8.3
Short Notice Base Rate Increase
1. Additional charge on the hourly rate for services requested
with less than two (2) business days’ notice.
2. This rate does not apply to Over-the-Phone, Document
Translation, or Voiceover Translation services.
4.9 Travel, Lodging and Meals.
4.9.1
Applicable for on-site services and court/legal interpretation
services only.
4.9.2
Rate applies to any assignment where the assignment location is
greater than fifty (50) miles from the personnel’s primary place of
business or last work assignment, as agreed to in advance by the
Contractor and Eligible Agency.
4.9.3
Cost shall be reimbursed in accordance with the guidelines and
rates established by State of Arizona Travel Policy. A copy of
this policy may be located http://www.gao.az.gov/travel/.
5.0
REPORTING REQUIREMENTS. The Contractor shall
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Scope of Work
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Services
5.1
Prepare all reports and summaries in accordance with State guidelines and in the
format approved by the Requester.
5.2
Invoicing: Upon the receipt and acceptance of goods or services, submit a
complete an Itemized invoice with supporting backup documents.
EXHIBITS TO THE SCOPE DOCUMENT
•
Exhibit A Insurance
•
Exhibit B List of Core Languages
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Special Terms and Conditions
The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing,
deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an
existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may
subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.
1.
Definition of Terms: As used in the Contract, the terms listed below are defined as follows:
1.1.
Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract
number once Procurement Officer has signed it to signify (1) State’s formal acceptance
of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the
foregoing is not to be confused with the term “acceptance” used throughout the Contract
in the context of delivery, inspection, etc., with respect to Materials or Services.
1.2.
Accepted Offer:
1.2.1.
If State did not request a Revised Offer, then “Accepted Offer” means the Initial
Offer.
1.2.2.
If State requested a Revised Offer but not a Best and Final Offer, then “Accepted
Offer” means the latest Revised Offer.
1.2.3.
If State requested a Best and Final Offer, then “Accepted Offer” means the Best
and Final Offer.
1.3.
Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised
Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101
et seq. There is additional information in the Solicitation Instructions regarding how to
access these state statutes and rules.
1.4.
Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department
of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt
1.5.
Attachment. Any item that:
1.5.1.
The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer,
Revised Offer, or Best and Final Offer);
1.5.2.
Was attached to an Offer when submitted; and
1.5.3.
Was included in the Accepted Offer.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
1.6.
Pricing Document: The Pricing Section of the Special Terms and Conditions; provided
that, if there is no such Section in the Contract, then “Pricing Document” is to be construed
as referring to whatever item in the Contract contains the contracted pricing and payment
provisions.
1.7.
Contract Terms and Conditions: The Special Terms and Conditions and the Uniform
Terms and Conditions taken collectively.
1.8.
Contractor: The Person identified on the Accepted Offer who has entered into the Contract
with the State.
1.9.
Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents,
employees, or Subcontractors.
1.10.
Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a
“Cooperative Purchasing Agreement” with the Arizona Department of Administration State
Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative
Purchasing Agreement in effect at the time, a State Purchasing Cooperative member
cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as
encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).
NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political
subdivisions, including cities, counties, school districts, and special districts. Membership
is also available to non-profit organizations, other state governments, the federal
government and tribal nations. For reference, “non-profit organizations” are defined in
A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under
Section 501(c)(3) through 501(c)(6) of the tax code.
1.11.
Eligible Agency:
1.11.1.
If the Special Terms and Conditions indicate that the Contract is a “single-
agency” contract, then “Eligible Agency” means the particular State of Arizona
agency, university, commission, or board identified therein.
1.11.2.
If the Special Terms and Conditions indicate that the Contract is a mandatory
statewide contract, then “Eligible Agency” means any State of Arizona
department, agency, university, commission, or board.
1.11.3.
If the Special Terms and Conditions indicate that the Contract is a “cooperative”
contract available for use by Co-Op Buyers, then “Eligible Agency” means any
State of Arizona department, agency, university, commission, board, or any Co-
Op Buyer.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
1.12.
Instructions to Offerors: “Instructions to Offerors” means the Solicitation Instructions
document of the Solicitation.
1.13.
Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a
Contractor to perform some or all of the Work. Whether the Contract will have one Order
or many Orders depends on the scope of the Contract and how the State will use it. The
Special Terms and Conditions provide that information. Any of the following are construed
as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.
1.14.
The State’s eProcurement System: The State’s official electronic procurement system,
established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of
Administration State Procurement Office policy document Technical Bulletin No. 020, The
State’s eProcurement System–The Official State eProcurement System. Technical
Bulletin No. 020 is available online at:
https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf
1.15.
State: With respect to the Contract generally, “State” means the State of Arizona and its
department, agency, university, commission, or board that has executed the Contract.
With respect to administration or rights, remedies, obligations and duties under the
Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has
issued the Order.
1.16.
State Indemnitees: Collectively, the State of Arizona, its departments, agencies,
universities, commissions, and boards and, and their respective officers, agents, and
employees.
1.17.
Work: The totality of the Materials and the Services and all the acts of administration,
creation, production, and performance necessary to fulfill and incidental to fulfilling all of
Contractor's obligations and duties under the Contract in conformance with the Contract
and applicable laws.
2.
Contract Interpretations
2.1.
Usage. Where the Contract:
2.1.1.
assigns obligations to Contractor, any reference to “Contractor” is to be
construed to be a reference to the Contractor and all Subcontractors, whether
they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers,
consultants, or sub-consultants, as well as all of Contractor’s and the
Subcontractor’s respective agents, representatives, and employees in every
instance unless the context plainly requires that it is a reference only to
Contractor as apart from Subcontractors.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
2.1.2.
uses the permissive “may” with respect to a party’s actions, determinations, etc.,
the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity
of intent, any right given to State using “State may” or a like construction denotes
discretion and freedom to act so far as any regulatory or operative constraints
permit in the relevant circumstances, provided that: (a) where written “may, at its
discretion,” the discretion extends to whatever is most advantageous to State;
and (b) where written only as “may,” the discretion is constrained by what is fair,
reasonable, and as accommodating of the respective best interests of both
parties as practicable under the circumstances;
2.1.3.
uses the imperative “shall” with respect to a party’s actions, duties, etc., the term
is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the
phrase “shall not” is to be interpreted as an imperative prohibition.
2.1.4.
uses the term “must” with respect to a requirement, criterion, etc., the term is to
be interpreted as conveying compulsion or strict necessity;
2.1.5.
uses the term “might” with respect to an event, outcome, action, etc., the term is
to be interpreted as conveying contingency or non-discretionary conditionality;
and
2.1.6.
uses the term “will” or the phrases “is to be” or “are to be” with respect to an
event, outcome, action, etc., the term or phrase is to be interpreted as conveying
such certainty or imperativeness that “shall” is either unnecessary or irrelevant
in that instance.
2.2.
Contract Order of Precedence
2.2.1.
Complementary Documents. All of the documents forming the Contract are
complementary. If certain work, requirements, obligations, or duties are set out
only in one but not in another, Contractor shall carry out the Work as though the
relevant Work, requirements, obligations, or duties had been fully described in
all, consistent with the other documents forming the Contract and as is
reasonably inferable from them as being necessary to produce complete results.
2.2.2.
Conflicts. In case of any inconsistency, conflict, or ambiguity among the
documents forming the Contract and their provisions, they are to prevail in the
following order, descending from most dominate to most subordinate, provided
that, among categories of documents or provisions having the same rank, the
document or provision with the latest date prevails. Information being identified
in one document, but not in another, is not to be considered a conflict or
inconsistency.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
2.2.2.1.
Contract Amendments;
2.2.2.2.
The final Solicitation Documents, in the following order:
(1) Special Terms and Conditions;
(2) Exhibits to the Special Terms and Conditions;
(3) Uniform Terms and Conditions;
(4) Scope of Work;
(5) Exhibits to the Scope of Work;
(6) Specifications; and
(7) Any other documents referenced or included in the Solicitation;
2.2.2.3.
Orders, in reverse chronological order; and
2.2.2.4.
Accepted Offer.
2.2.3.
Attachments and Exhibits. For clarity of intent, if an item was an Attachment in
the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or
Accepted) and was subsequently made into an Exhibit, or its content was
incorporated into one of the other Contract documents, then that Attachment no
longer exists contractually as an “Attachment” since it has at that point been
made into some other Contract document. In every other case, an Attachment
and the Offeror data therein remain part of the Accepted Offer for purposes of
precedence and contractual effect.
3.
Contract Administration and Operation
3.1.
Term of Contract. The term of the Contract will commence on the date indicated on the
Acceptance and continue for twelve (12) months unless canceled, terminated, or
permissibly extended.
3.2.
Contract Extensions. State may at its discretion extend the initial Contract term in
increments of one (1) or more months and do so one or more times, provided that the
maximum aggregate term of the Contract including extensions cannot exceed the
maximum aggregate term of five (5) years.
3.3.
Notices and Correspondence
3.3.1.
To Contractor. State shall address all Contract correspondence other than formal
notices to the email address indicated as “Default for Type” for “General Mailing
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Address” in Contractor’s corresponding State’s eProcurement System Vendor
Profile; and address any required notices to Contractor to the “Contact Name
and Title” at the “Mailing Address” indicated on the Accepted Offer, as that
address might have been amended during the term of the Contract.
3.3.2.
To State. Contractor shall address all Contract correspondence other than format
notices to the email address indicated in “Contact Instructions” in the State’s
eProcurement System Summary for State; and address any required notices to
State via email to the Procurement Officer identified as “Purchaser” in the State’s
eProcurement System and via mail to the following mailing address:
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue, Suite 305
Phoenix, AZ 85007
3.3.3.
Changes. State may change the designated Procurement Officer, update
contact information, or change the applicable mailing address.
3.4.
Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the
State’s eProcurement System, in the case of an amendment) is not required to give effect
if the Contract Amendment only covers either:
3.4.1.
extension of the term of the Contract within the maximum aggregate term; or
3.4.2.
modifications of a clerical nature that have no effect on terms, conditions, price,
scope, or other material aspect of the Contract.
In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures
(or “approval” in the State’s eProcurement System in the case of an Amendment) are
required to give it effect.
3.5.
Click-through Terms and Conditions. If either party uses a web-based ordering system,
an electronic purchase order system, an electronic order acknowledgement, a form of an
electronic acceptance, or any software based ordering system with respect to the Contract
(each an “Electronic Ordering System”), the parties acknowledge and agree that an
Electronic Ordering System is for ease of administration only, and Contractor is hereby
given notice that the persons using Electronic Ordering Systems on behalf of State do not
have any actual or apparent authority to create legally binding obligations that vary from
the terms and conditions of the Contract. Accordingly, where an authorized State user is
required to “click through” or otherwise accept or be made subject to any terms and
conditions in using an Electronic Ordering System, any such terms and conditions are
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
deemed void upon presentation. Additionally, where an authorized State user is required
to accept or be made subject to any terms and conditions in accessing or employing any
Materials or Services, those terms and conditions will also be void.
3.6.
Books and Records
3.6.1.
Retain Records. In addition to the audit rights detailed in the Uniform Terms and
Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor
shall retain and shall contractually require each Subcontractor to retain books
and records relating to any cost and pricing data submitted in satisfaction of §
41-2543 for the period specified in the statute.
3.6.2.
Usage Information. Additionally, any and all information (including, but not limited
to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage
retained solely within the Contractor’s system (for example, related to punch-out
or Contractor catalog sales) shall be considered public information or information
that can be shared with and distributed by the State freely and for any purpose
under the State’s government purpose rights detailed in Section 3 of the Uniform
Terms and Conditions [Ownership of Intellectual Property]. Any modifications to
this Contract notwithstanding, the State shall have free use of any and all
information related to Eligible Agency or Co-Op Buyer purchasing. Upon request
by the State, Contractor shall promptly provide the State with any usage
information requested and shall not attempt to limit the State's use in any way.
3.6.3.
Right To Audit. The retained books and records are subject to audit by State
during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and
shall contractually require each Subcontractor to retain books and records
relating to performance under the Contract for the period specified in the statute
and those retained books and records are subject to audit by State during that
period.
3.6.4.
Auditing. Contractor or Subcontractor shall either make all such books and
records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable
times or produce the records at a designated State office on State’s demand, the
choice of which being at State’s discretion. For the purpose of this paragraph,
“reasonable times” are during normal business hours and in such a manner so
as to not unreasonably interfere with normal business activities.
3.7.
Subcontract
3.7.1.
Initial list. At the time of Contract execution, Contractor’s candidate
Subcontractors were identified in Attachment Proposed Subcontractors to the
Accepted Offer [Proposed Subcontractors]. Agreeing to them being included in
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
the Accepted Offer signified Procurement Officer’s advance consent for
Contractor to enter into a Subcontract with each candidate, which Contractor
shall do as promptly as necessary to ensure its ability to carry out the Work in a
timely manner.
3.7.2.
Additional names. Contractor shall not enter into a Subcontract to perform Work
under the Contract, without first obtaining Procurement Officer’s written consent
with any prospective Subcontractor that (a) was not listed on the Attachment
Proposed Subcontractors at time of Contract execution or (b) is for any Materials
or Services categories other than the ones for which they were previously
consented. For either case (a) or (b), Contractor shall submit a written request
sufficiently in advance of the need date for those materials or services so that
performance under the Contract is not impaired. Procurement Officer may
request any additional information he or she determines is necessary to assess
the submittal, and may withhold consent pending it. Approval of additional
subcontractors shall be added to the Contract by a bilateral Contract
Amendment.
3.7.3.
Flow-down. Contractor shall incorporate the provisions, terms, and conditions of
the Contract into every Subcontract by inclusion or by reference, as appropriate.
When making any post-execution consent requests, Contractor shall include its
warrant that it will do the same for the pending Subcontracts covered by the
request. Entering into Subcontracts will not relieve Contractor of any of its
obligations or duties under the Contract, including, among other things, the duty
to supervise and coordinate the work of Subcontractors. Nothing contained in
any Subcontract will create or is to be construed as creating any contractual
relationship between State and the Subcontractor.
3.8.
Orders
3.8.1.
Order Sufficiency. The Contract was awarded in accordance with the Arizona
Procurement Code; the transactions and procedures required by the Arizona
Procurement Code for competitive source selection have been met. An Order
issued that cites the correct State contract number will suffice to authorize the
Contractor to provide the Materials and perform the Services covered by that
Order.
3.8.2.
Order Terms. All Orders are subject to the Contract Terms and Conditions; an
Order cannot modify the Contract Terms and Conditions. Any Contractor terms
added to quotes or otherwise unilaterally added to Eligible Agency or Co-Op
Buyer Orders are null and void.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.8.3.
Orders are Obligatory. Until the expiration or earlier termination of the Contract,
State may issue and Contractor shall accept Orders that make proper reference
to the Contract and are permissible hereunder, provided that, Contractor is not
obliged to accept any Order that is not consistent with the then-current pricing,
lead times, specifications, or payment provisions of the Contract. Contractor shall
fulfill and complete any Orders that are begun but not yet completed as of
expiration or earlier termination of the Contract unless State instructs otherwise
at the time.
3.8.4.
No Minimums or Commitments. (a) Contractor shall not impose any minimum
dollar amount, item count, services volume, or services duration on Orders; (b)
State makes no commitment of any kind concerning the quantity or monetary
value of activity actually initiated or completed during the term of the Contract;
(c) Contractor shall only deliver or perform as authorized by Orders; and (d) State
is not limited as to the number of Orders it may issue for the Contract. For clarity
of intent, the foregoing applies equally whether an Eligible Agency issues the
Order or, if applicable, a Co-Op Buyer issues it.
3.8.5.
Non-contracted Materials or Services. Any attempt to knowingly represent for
sales, marketing, or related purposes that Materials or Services not specifically
awarded are under a State contract is a violation of the Contract and law.
3.9.
Order Cancellations. State may cancel Orders within a reasonable period after issuance
and at its discretion. The same method used for ordering will be used for cancellation.
3.9.1.
If State cancels an Order, then State shall:
3.9.1.1.
pay Contractor for any portion of the Materials and Services from
that Order that have been properly delivered or performed as of
the cancellation effective date; and
3.9.1.2.
reimburse Contractor for actual, documented costs incurred in
fulfilling the Order up to the cancellation effective date and the
cost of any obligations incurred in fulfilling the Order up to the
cancellation effective date that demonstrably cannot be canceled
or that have pre-established cancellation penalties specified in
the relevant Subcontracts, to the extent the penalties are
reasonable and customary for the work in question.
3.9.2.
Contractor shall not charge or be entitled to charge State for any new costs it
incurs after receiving the cancellation notice; State is not liable for any Materials
that were produced, shipped, or delivered, or Services that were performed
before Contractor had acknowledged the corresponding Order.
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.9.3.
State shall also be able to cancel Orders freely and without any further obligation
at any time prior to Contractor’s formal acknowledgement of the Order.
3.10.
The Contract is a mandatory statewide contract (per A.A.C. R2-7-607) for multiple
purchases, projects, or assignments, and a cooperative contract (per A.R.S. § 41-2632
and A.A.C. R2-7-1002(B)) that can be purchased against by some or all Eligible Agencies
and any Co‑Op Buyers that elect to participate. Even if only one Eligible Agency needs or
elects to purchase against the Contract, it is to be construed as being a cooperative
contract hereunder.
3.10.1.
Contractor shall verify if an ordering entity is a current Co-Op Buyer before selling
Materials to or providing Services for them under the Contract. The current list
of Co‑Op Buyers is available on the State Procurement Office website:
https://spo.az.gov/programs/cooperative
3.10.2.
Contractor shall sell to Co-Op Buyers at the same price and on the same lead
times and other terms and conditions under which it sells to Eligible Agencies,
with the sole exception of any legitimately additional costs for extraordinary
shipping or delivery requirements if the Co-Op Buyer is having Materials
delivered or installed or Services performed at locations not contemplated in the
contracted pricing (e.g. delivery to a location outside Arizona).
3.10.3.
Contractor shall pay State an administrative fee against all Contract sales to
Co‑Op Buyers, as provided for under A.R.S. § 41‑2633. The fee rate is one (1%)
percent. Failure to remit the administrative fees is a material breach of contract,
and will entitle the State to its remedies under Contract Terms and Conditions
Section 8 and its right to terminate for default under Section 9. Method of
calculation, payment procedures, and other details are provided on the State
Procurement Office website:
https://spo.az.gov/suppliers/usage-reporting.
3.10.4.
Contractor shall submit to State a quarterly usage report documenting all
Contract sales to both Eligible Agencies and Co‑Op Buyers, itemized separately.
Contractor shall further itemize divisions, groups or areas within a given Eligible
Agency if they place Orders independently of each other. Failure to submit the
report is a material breach of contract, and will entitle the State to its remedies
under Contract Terms and Conditions Section 8 and its right to terminate for
default under Section 9. Contractor shall submit the report using the forms and
following the instructions on the State Procurement Office website:
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
https://spo.az.gov/suppliers/usage-reporting.
3.10.5.
Contractor shall acknowledge each Order from Eligible Agencies within one (1)
business day after receipt by either: (a) “approving” the Order electronically in
the State’s eProcurement System, which will indicate Contractor’s unqualified
acceptance of the Order as‑issued; or (b) “rejecting” the Order electronically in
the State’s eProcurement System, with a concurrent explanation by email to
relevant originator as to the reason for rejecting it. By way of reminder, the only
grounds on which the Contractor may reject or refuse an Order are those set out
in subparagraph 3.11.3 [Orders are Obligatory]. Unless and until Contractor has
approved the Order in the State’s eProcurement System, it will have no effect
under the Contract and will not oblige either State or Contractor. If the relevant
Eligible Agency explicitly instructs at the time that a verbal acceptance is
sufficient because of urgency or other unusual circumstances and Contractor
duly gives its verbal acceptance, then Contractor will be deemed to have
accepted the Order immediately upon commencing performance, provided that,
Contractor must follow-up its verbal acceptance by accepting the Purchase
Order electronically in the State’s eProcurement System within three (3)
business days. Contractor shall thereafter be barred from subsequently rejecting
the Order in the State’s eProcurement System and if it does so the rejection will
be void.
3.10.6.
Contractor shall acknowledge each Order from Co‑Op Buyers in conformance
with each Co-Op Buyer’s instructions given at the time of ordering or in any
supplemental participating agreement Contractor might have with them. Orders
from Co‑Op Buyers create no obligation on State’s part, since they are entirely
between the Co-Op Buyer and Contractor. That notwithstanding, Contractor’s
obligation under the Contract is to service Co-Op Buyers commercially as though
they were with an Eligible Agency, and Contractor’s refusal to do so would be a
material breach of the Contract.
3.11.
Multiple-Use Provisions. Eligible Agencies may issue Orders for Services in several forms,
all of which become final and effective by a Purchase Order in the State’s eProcurement
System. Orders issued by Co-Op Buyers will be in whatever form the Co-Op Buyer
normally uses. Regardless of origin, Orders must cite the State contract number to be
valid. State may, at its discretion in each instance, determine the scope, schedule, and
price for each Order in any of the following ways:
3.11.1.
By choosing some or all of the Materials or Services items covered by the
Contract for which a price is established in the Contract, then preparing an Order
using those prices (e.g. filling out an order form), and sending it to the Contractor;
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.11.2.
By instructing Contractor to provide a comprehensive proposal of item quantities,
combinations, etc., or services hours, personnel, etc., for a defined scope using
those established prices as a basis, then validating and negotiating the proposal
with Contractor and issuing an Order if and when reaching agreement;
3.11.3.
As described in 3.11.2 above but requesting the proposal from both Contractor
and other vendors who are contracted within the applicable scope categories
and locations, either sequentially or concurrently, then selecting the proposal or
proposals combination that is most advantageous to State; or
3.11.4.
As described in 3.11.3 above but introducing ad-hoc commercial competition by
making the selection and ordering conditional on obtaining more favorable prices
than the contractually-established ones.
3.12.
Work on State Premises
3.12.1.
Compliance With Rules. Contractor is responsible for ensuring that its personnel
comply with State’s rules, regulations, policies, documented practices, and
documented operating procedures while delivering or installing Materials or
performing Services on State’s grounds or in its facilities. For clarity of intent, the
foregoing means that if Contractor is required to comply with certain security
requirements in order to deliver, install, or perform at that particular location, then
it shall do so nonetheless and without entitlement to any additional compensation
or additional time for performance if those particular requirements are not
expressly stated in the Contract. Contractor is reminded that violation of the
prohibition under A.R.S. § 13-1502 against possession of weapons on State’s
property by anyone for whom Contractor is responsible is a material breach of
contract and grounds for termination for default.
3.12.2.
Protection Of Grounds And Facilities. Contractor shall deliver or install the
Materials and perform the Services without damaging any State grounds or
facilities. Contractor shall repair or replace any damage it does cause promptly
and at its own expense, subject to whatever instructions and restrictions State
needs to make to prevent inconvenience or disruption of operations. If Contractor
fails to make the necessary repairs or replacements in a timely manner, State
will be entitled to exercise its remedies under paragraph 8.5 of the Uniform
Terms and Conditions [Right of Offset].
3.13.
Transitions
3.13.1.
During commencement, Contractor shall attend transition meetings with any
outgoing suppliers to coordinate and ease the transition so that the impact on
State’s operations is kept to a minimum. State may elect to have outgoing
suppliers complete some or all of their Work or Orders in progress, even if that
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 31 of 81
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Work could be covered under the incoming supplier’s Contract. Conversely, the
State may have a continued need for the same Materials and Services upon
expiration or earlier termination of the Contract. Accordingly, Contractor shall
work closely with any incoming supplier and State to ensure as smooth and
complete a transition transfer as is practicable.
3.13.2.
Eligible Agency or Co-Op Buyers representative will coordinate all transition
activities and facilitate joint development of a comprehensive transition plan by
both Contractor and the incoming supplier. As with the incoming transition, State
may permit Contractor, when Contractor is outgoing, to complete work or orders
in progress to ease the transition as is safest and most efficient in each instance.
3.13.3.
RESERVED [for additional transition needs including, but not limited to, the
transfer of any required data]
4.
Costs and Payments
4.1.
Type of Pricing. Offeror shall include only firm, fixed pricing in the Offer.
4.2.
Contractor’s Best Pricing. Contractor warrants that, for the term of the Contract, the prices
and discounts set out in the APP Items (F) tab OR Attachments titled Pricing, including
any subsequent agreed amendment to it (the “Contract Pricing”), shall be equal to or better
than the lowest prices and largest discounts, both separately and in combination, at which
Contractor sells equivalent services, items of equipment, and materials.
4.2.1.
That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to
be irrespective of whether or not those other sales have special purchase terms,
conditions, rebates, or allowances.
4.2.2.
If Contractor’s Best Pricing for equivalent services, items of equipment, and
materials is better than the Contract Pricing, then Contractor agrees to adjust
the Contract Pricing to match the Contractor’s Best Pricing for all sales related
to the Contractor made after the date when the Contractor’s Best Pricing was
first better than the Contract Pricing.
4.2.3.
For clarification of intent, that date is intended to be the date when the difference
first occurred, which might have been before the difference was first identified.
If the difference occurred before it was identified, then Supplier agrees to charge
less than the Contract Pricing until the extended difference that would have
been realized (i.e. if the Contractor’s Best Pricing had been applied when it
should have been) has been settled.
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 32 of 81
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
4.3.
Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the
Scope of Work and all aspects of Contractor’s offer as accepted by State.
4.3.1.
Details of service not explicitly stated in the Scope of Work or in Contractor’s
Offer, but necessarily a part of, are deemed to be understood by Contractor and
included herein. All administrative, reporting, or other requirements, all
overhead costs and profit and any other costs toward the accomplishment of
the requirements in the Contract are included in the pricing provided.
4.3.2.
Additional Charges. Any charges or fees not delineated in the Contract shall
not be added, billed, or invoiced under the Contract.
4.4.
No Price Increases. All prices and rates in Pricing Attachment, or Orders if and to the
extent they differ from those in the exhibit, will be valid for the entire term of the Contract,
and will not be subject to revision for inflation or any changes to wages, taxes or other
costs that Contractor may be obliged to incur that may be higher than those which it
contemplated when proposing the relevant price or rate.
4.5.
Price Reductions. Price reductions shall be immediately passed along to State and may
be submitted in writing to State for consideration at any time during the Contract period.
The contractor shall offer State a price reduction on the Contract product(s) concurrent
with a published price reduction made to other customers. The State at its own discretion
may accept a price reduction. The price reduction request shall be in writing and include
documentation showing the actual reduction of cost. Sales promotions requests shall
include differences in pricing, begin, and end date of promotion along with the products
covered.
4.6.
Travel. Contractor shall request and receive written approval prior to any travel under the
Contract in which reimbursement of expenses will be requested. Contractor will be
reimbursed for actual expenses incurred in accordance with the current rates specified in
the State's Travel Policy. Contractor shall itemize all per diem and lodging charges. State
Travel Policy, including State rates, may be located at https://gao.az.gov/travel. Eligible
Agency or State shall reject any claim for travel reimbursement for which Contractor did
not receive prior written approval.
4.7.
Funding
No particular funding considerations apart from Uniform Terms and Conditions Sections
4.5 [Availability of Funds for the Next State Fiscal Year] and 4.6 [Availability of Funds for
the Current State Fiscal Year] have been identified as of the Solicitation publication date.
Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract
Provisions for Non-Federal Entities Contracts Under Federal Awards, Orders funded
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Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
with federal funds shall have additional contractual requirements or certifications that must
be satisfied at the time the order is placed or upon delivery. These federal requirements
may be proposed by Participating Entities in Participating Addenda and Purchasing Entities
for incorporation in Orders placed under this Master Agreement.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
4.8.
Invoicing
4.8.1.
Invoices Go To Ordering Entity. Contractor shall submit all billing notices or
invoices to the ordering Eligible Agency or Co-Op Buyer at the address
indicated on the applicable Order document or by utilizing the Ordering Entity’s
purchasing tool/process.
4.8.2.
Minimum Invoice Requirements. Every invoice shall include the following
information:
4.8.2.1.
Bill-to name and address;
4.8.2.2.
Contractor name and contact information;
4.8.2.3.
Remit-to address;
4.8.2.4.
Invoice number and date;
4.8.2.5.
State contract number;
4.8.2.6.
Order number (APP PO number);
4.8.2.7.
Material or Service description (itemized);
4.8.2.8.
Date(s) Services were performed or Materials were delivered;
4.8.2.9.
Applicable payment terms;
4.8.2.10.
Quantity delivered or performed;
4.8.2.11.
Line item unit of measure;
4.8.2.12.
Item price;
4.8.2.13.
Extended pricing;
4.8.2.14.
Receipt for pass-through expenses (if applicable);
4.8.2.15.
Taxes (as a separate invoice line item), including the percentage
used to calculate taxes;
4.8.2.16.
Mailing fees (if applicable); and
4.8.2.17.
Total invoice amount due.
4.8.3.
No Invoice Without Authorization. Contractor shall not seek payment for any:
4.8.3.1.
Materials or Services that have not been authorized on an
acknowledged Order;
4.8.3.2.
Expediting, overtime, premiums, or upcharges absent State’s
express prior approval; or
4.8.3.3.
Materials or Services that are the subject of a Contract
Amendment that has not been fully signed by the Procurement
Officer.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
4.8.4.
Submitting Invoices. Contractor shall submit an invoice to the ordering Eligible
Agency or Co‑Op Buyer using the form and/or process required by the ordering
Eligible Agency or Co-Op Buyer. Every invoice must be signed by Contractor’s
authorized representative and accompanied by all supporting information and
documentation required by the Contract and applicable laws.
4.8.5.
Defective Invoices. Without prejudice to its other rights under the Contract or
further obligation to Contractor, the ordering Eligible Agency or Co-Op Buyer
may, at its discretion, reject any materially defective invoice.
4.8.5.1.
The ordering Eligible Agency or Co-Op Buyer shall notify the
Contractor within five (5) business days after receipt if it
determines an invoice to be materially defective.
4.8.5.2.
Invoices will be deemed automatically rejected upon delivery if
they: are sent to an incorrect address, do not reference the
correct State contract and Purchase Order number, or are
payable to any Person other than the Contractor.
4.8.5.3.
The ordering Eligible Agency or Co-Op Buyer shall have no
obligation to pay against a defective invoice unless and until
Contractor has re-submitted it free of defects.
4.9.
Payments
4.9.1.
Payment Deadline. State shall make payments in compliance with Arizona
Revised Statutes Titles 35 and 41. Unless and then only to the extent expressly
stated otherwise in the Pricing Section of the Special Terms and Conditions
above, State shall make payment in full for Materials that have been delivered
and accepted and Services that have been performed and accepted within the
time specified in A.R.S. § 35-342, after both of the following occur: (a) all of the
Materials being invoiced have been delivered or installed (as applicable) and
accepted and all of the Services being invoiced have been performed and
accepted; and (b) Contractor has provided a complete and accurate invoice in
the form and manner called for in the Contract, provided that, State will not make
or be liable for any payments to Contractor until Contractor has registered
properly in the State’s eProcurement System and provided a current I.R.S. Form
W-9 to State unless excused by law from providing one.
4.9.2.
Payments Only To Contractor. Unless an assignment and assumption
agreement has been reached between the Contractor and State pursuant to
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Section 5.2 of the Special Terms and Conditions [Assignment and Delegation]
or the State has been otherwise compelled by operation of law or order of a court
of competent jurisdiction, State will only make payment to Contractor under the
federal tax identifier indicated on the Accepted Offer.
4.9.3.
Payment. The applicable Eligible Agency or Co-Op Buyer shall pay undisputed
amounts due to Contractor within the time period specified in Section 4 Costs
and Payments of the Uniform Terms and Conditions.
4.9.4.
Joint Checks or Direct Pay. Applicable Eligible Agency or Co-Op Buyer may,
but is under no obligation to, pay by joint check or to pay directly to any
Subcontractor or other creditor to whom any portion of Contractor’s requested
payment is owed.
4.9.5.
Recovery of Overpayment. If applicable, Eligible Agency or Co-Op Buyer
determines that an overpayment has been made to Contractor on any prior
invoice, it shall inform Contractor of the amount and date of the overpayment
and may deduct the overpaid amount from amounts then or thereafter due to
Contractor.
4.9.6.
Purchasing Card. Applicable Eligible Agency or Co-Op Buyer may pay invoices
for some or all Orders using a purchasing card. Any and all fees related to
payment using a purchasing card (also called a p-card) are the responsibility of
the Contractor. Unless otherwise stated in the Contract, there will be no
additional fees or increase in prices associated with this method of payment.
4.9.7.
Automated clearing house. Applicable Eligible Agency or Co-Op Buyer may pay
invoices for some or all Orders through an Automated Clearing House (ACH).
In order to receive payments in this manner from Eligible Agencies, the
Contractor must complete an ACH Vendor Authorization Form (form GAO-618)
within 30 (thirty) days after the effective date of the Contract. The form is
available online at: https://gao.az.gov/publications/forms.
4.10.
Applicable Taxes
4.10.1.
Contractor To Pay All Taxes. State is subject to Arizona Transaction Privilege
Tax (TPT). Therefore, Arizona TPT applies to all sales under the Contract and
Arizona TPT is Contractor’s responsibility (as seller) to remit. Contractor’s failure
to collect Arizona TPT or any other applicable sales or use taxes from an Eligible
Agency or Co-Op Buyer will not relieve the Contractor of any obligation to remit
sales or use taxes that are due under the Contract or laws. Unless clearly stated
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
otherwise in the Contract, all prices therein include Arizona TPT as well as every
other manner of transaction privilege or sales/use tax that is due to a municipality
or another state or its political subdivisions. Contractor shall pay all federal, state,
and local taxes applicable to its operations and personnel.
4.10.2.
Tax Indemnity. Contractor shall hold State harmless from any responsibility for
taxes or contributions, including any applicable damages and interest, that are
due to federal, state, and local authorities with respect to the Work and the
Contract, as well as any related costs; the foregoing expressly includes Arizona
TPT, unemployment compensation insurance, social security, and workers’
compensation insurance.
5.
Contract Changes
5.1.
Assignment and Delegation
5.1.1.
In Whole. Contractor shall not assign in whole its rights or delegate in whole its
duties under the Contract without Procurement Officer’s prior written consent,
which consent Procurement Officer may withhold at his or her discretion. If
Contractor’s proposed assignment or delegation stems from a split, sale,
acquisition, or other non-merger change in control, then no such consent will be
given in any event without the assignee or delegate giving State satisfactory and
equivalent evidence or assurance of its financial soundness, competency,
capacity, and qualification to perform as that which Contractor possessed when
State first awarded it the Contract.
5.1.2.
In Part. Subject to Special Terms and Conditions sections 3.10 [Subcontracts]
with respect to subcontracting, Contractor may assign particular rights or
delegate particular duties under the Contract, but shall obtain Procurement
Officer’s written consent before doing so. Procurement Officer shall not
unreasonably withhold consent so long as the proposed assignment or
delegation does not attempt to modify the Contract in any way or to alter or impair
State’s rights or remedies under the Contract or state law.
6.
Risk and Liability
6.1.
Risk of Loss. Contractor shall bear all risk of loss to Materials while in pre-production,
production, storage, transit, staging, assembly, installation, testing, and commissioning, if
and as those duties are within the scope of the Work, until they have been accepted as
conforming by State in the particular location and situation specified in the Order, or as
specified generally elsewhere in the Contract if the Order does not provide particulars,
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
provided that, risk of loss for nonconforming Materials will remain with Contractor
notwithstanding acceptance to the extent the loss stems from the nonconformance.
6.2.
General Contractor Indemnification and Insurance Requirements
6.2.1.
Contractor Indemnification (Not Public Agency). To the fullest extent permitted
by law, Contractor shall defend, indemnify, and hold harmless the State of
Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for
bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of its owners, officers,
directors, agents, employees or Subcontractors. This indemnity includes any
claim or amount arising out of, or recovered under, the Workers’ Compensation
Law or arising out of the failure of such Contractor to conform to any federal,
state, or local law, statute, ordinance, rule, regulation, or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except
for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by Contractor from and against any and all claims. It
is agreed that Contractor will be responsible for primary loss investigation,
defense, and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the State of Arizona, its officers, officials, agents,
and employees for losses arising from the work performed by the Contractor for
the State of Arizona. This indemnity shall not apply if the Contractor or
Subcontractor(s) is/are an agency, board, commission or university of the State
of Arizona.
6.2.2.
Public Agency Language Only. Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against any
and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as 'claims') arising out of
bodily injury of any person (including death) or property damage but only to the
extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other
fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
6.2.3.
Insurance Requirements. Addendum A to the Special Terms and
Conditions: Contractor Insurance Requirements is incorporated herein as
part of the Special Terms and Conditions.
6.3.
Patent and Copyright Indemnification. [CONTRACTOR/VENDOR (NOT PUBLIC AGENCY)].
With respect to Materials or Services provided or proposed by a Contractor Indemnitor for
performance under the Contract, Contractor shall indemnify, defend and hold harmless
State Indemnitees against any third-party claims for liability, costs, and expenses,
including, but not limited to reasonable attorneys' fees, for infringement or violation of any
patent, trademark, copyright, or trade secret by the Materials and the Services. With
respect to the defense and payment of claims under this subparagraph:
6.3.1.
State shall provide reasonable and timely notification to Contractor of any claim
for which Contractor may be liable under this paragraph;
6.3.2.
Contractor, with reasonable consultation from State, shall have control of the
defense of any action on an indemnified claim including all negotiations for its
settlement or compromise;
6.3.3.
State may elect to participate in such action at its own expense; and
6.3.4.
State may approve or disapprove any settlement or compromise, provided that,
(i) State shall not unreasonably withhold or delay such approval or disapproval
and (ii) State shall cooperate in the defense and in any related settlement
negotiations.
If Contractor is a public agency, this section 6.3 does not apply.
7.
Warranties
7.1.
Warranties and Requirements Related to Information Technology. Addendum B:
Warranties and Requirements Related to Arizona Information Technology
Statewide Policies, Standards, and Procedures is incorporated herein as part of
the Special Terms and Conditions.
8.
State’s Contractual Remedies
8.1.
[RESERVED]
9.
Contract Termination
9.1.
[RESERVED]
10.
Contract Claims
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
10.1.
[RESERVED]
11.
Arbitration
11.1.
[RESERVED]
12.
General Provisions for Materials
12.1.
Applicability. Section 12 applies to the extent the Work is or includes Materials.
12.2.
Off-Contract Materials. Contractor shall ensure that the design and/or procedures for the
Materials ordering method prevents Orders for items not included in the scope of the
Contract (and for which no price or compensation has been established contractually) or
specifically excluded items. Notwithstanding that State might have its own internal
administrative rules regarding off-contract or excluded item ordering, and endeavors to
prevent such orders from occurring, Contractor is responsible for not accepting any such
Orders. State may, at its discretion, return any such items under subparagraph 12.17 or
cancel any such Order under subparagraph 12.18, in either case being without obligation
and at Contractor’s expense.
12.3.
Compensation for Late Deliveries. Contractor shall have clear, published policies in place
regarding late delivery, order cancellation, discounts, or rebates given to compensate for
late deliveries, etc., and make them readily available to those Eligible Agencies, and Co-
Op Buyers if applicable, that are likely to need them. If late deliveries have been
specifically addressed in the Contract, the Contract shall take precedence over any such
Contractor policies.
12.4.
Indicate Shipping Costs on Order. Contractor shall identify and provide the required
substantiating documentation for the amount it intends to add for shipping in the Order
acknowledgment if shipping is additional to the contracted price or rate for an item;
otherwise, Contractor shall indicate that shipping is included in the Order price (in other
words, every Order must indicate clearly whether or not shipping is included in the Order
price, and if not included, how much is to be added and why that amount is the correct or
appropriate one).
12.5.
Current Products. Contractor shall keep all products being offered under the Contract: (a)
in current and ongoing production; (b) in its advertised product lines; (c) as models or
types that are actively functioning in other paying customer environments; and (d) in
conformance to the requirements of the Contract.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
12.6.
Maintain Comprehensive Selection. Contractor shall provide at all times the
comprehensive selection of products for which a price is established in the Contract for
ordering by Eligible Agencies, and Co-Op Buyers, if applicable.
12.7.
Additional Products. State, at its discretion, may modify the scope of the Contract by
Contract Amendment to include additional products or product categories so long as they
are within the general scope of the ones originally covered by the Contract. Once the
Contract Amendment has been fully executed, Contractor shall then update all applicable
pricing and make the pricing available to all affected entities at no additional cost. Either
party may make the request to add products to the Contract; regardless of who makes the
request, the parties shall negotiate in good faith a fair price for any additional products,
but State may elect not to add some or all of the products in question if no agreement is
reached on pricing in a timely manner. Contractor’s request or proposal in response to
State’s request shall include: (a) documentation demonstrating that the additional
products meet or exceed the specifications for the original products while remaining in the
same product groups as the original ones; and (b) documentation demonstrating that the
proposed price for the additional products is both fair and reasonable and at the same
level of discount relative to market price as were the original ones. Demonstration of (b)
typically requires showing how prices offered to a significant number of buyers compare
to the prices or discounts proposed for the additional products.
12.8.
Discontinued Products. If a product or groups of products covered by the Contract are
discontinued by the manufacturer, Contractor shall notify State within five (5) business
days after receiving the manufacturer’s notification. State, at its discretion, may allow
Contractor to provide substitutes for the discontinued products or delete the products from
the scope of the Contract. The resulting change to the Contract will be formalized by
Contract Amendment. Contractor shall then update all applicable pricing and make the
pricing available to all affected entities at no additional cost. The parties shall negotiate in
good faith a fair price for any substitute product, but State may elect to delete the products
from the scope of the Contract if no agreement is reached on substitute pricing in a timely
manner. When notifying State of any discontinuance, Contractor shall provide: (a)
manufacturer’s announcement or documentation stating that the products have been
discontinued, with identification by model/part number; (b) documentation demonstrating
that the substitute products meet or exceed the specifications for the discontinued
products while remaining in the same product groups as were the discontinued ones; and
(c) documentation demonstrating that the proposed price for the substitute products is
both fair and reasonable and at the same level of discount relative to market price as were
the discontinued ones.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
12.9.
Forced Substitutes. The Contractor shall not provide forced substitutions under the
Contract; Contractor shall obtain State’s prior written consent before making any
discretionary substitution for any product covered by the Contract.
12.10.
Recalls. In the event of a recall notice, technical service bulletin, or other important
notification affecting a product offered under the Contract (collectively, “recalls”
hereinafter), Contractor shall send timely notice to State for each applicable Order
referencing the affected Order and product. Notwithstanding whatever protection
Contractor might have under A.R.S. § 12-684, with respect to a manufacturer, Contractor
shall handle recalls entirely and without obligation on State’s part, other than to permit
removal of installed products, retrieve stored products, and take any other reasonably
necessary actions, to implement the recall.
12.11.
Delivery Time. Unless stated otherwise in the Purchase Order, Contractor shall make
delivery within two (2) business days after receiving each Order.
12.12.
Delivery Locations. Contractor shall offer deliveries to every location served under the
scope of the Contract, specifically
12.12.1.
if the Contract is for a single State agency in a single area, then Contractor shall
deliver to any agency location in that area;
12.12.2.
if the Contract is for a single State agency in all its locations, then Contractor
shall deliver to any of that agency’s location in Arizona;
12.12.3.
if the Contract is for cooperative use, but excludes certain areas, then Contractor
shall deliver to any Eligible Agency or Co-Op Buyer location that is not in the
excluded areas; and
12.12.4.
if the Contract is for unrestricted mandatory statewide and cooperative use, then:
12.12.4.1.
Contractor shall deliver to any Eligible Agency or Co-Op Buyer
anywhere in Arizona;
12.12.4.2.
if a prospective Co-Op Buyer outside Arizona wishes to order
against the Contract, Contractor agrees to negotiate in good faith
any fair and reasonable price or lead time adjustments necessary
to serve that location if practicable to do so within the scope of its
normal business; and,
12.12.4.3.
if the Purchase Order indicates defined delivery areas and prices,
those always apply unless the Order expressly states otherwise
and Contractor accepts it.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
12.13.
Conditions at Delivery Location. Contractor shall verify receiving hours and conditions
(e.g. height/weight restrictions, access control, etc.) with the relevant Eligible Agency or
Co-Op Buyer for the receiving site before scheduling or making a delivery. Contractor shall
make each delivery to the specific location indicated in the Order, which Contractor
acknowledges might be inside an industrial building, institutional building, low-rise office
building, or high-rise office building instead of a normal receiving dock. Contractor might
be required to make deliveries to locations inside a secured perimeter at certain
institutional facilities such as prisons where prior clearances are required for each delivery
and driver individually. Contractor shall contact each such facility directly to confirm its
most current security clearance procedures, allowable hours for deliveries, visitor dress
code, and other applicable rules. State shall not pay extra charges for wait time,
comebacks, or the like, nor excuse late deliveries if Contractor has failed to comply with
this section.
12.14.
Materials Acceptance. State has the right to accept Materials subject to a complete
inspection on delivery and installation, if installation is Contractor’s responsibility. State
may require acceptance criteria, including, but not limited to, conformity to the Contract,
workmanship, and quality under the Contract or for a specific Order. Contractor shall
remove any rejected Materials from the delivery location, or from any area to which it might
have been reasonably necessary to move it, and subsequently deliver an equal quantity
of conforming items within a timeframe set by the Eligible Agency or Co-Op Buyer. State
shall not owe Contractor any payment for rejected Materials, and State may, at its
discretion, withhold or make partial payment for any rejected Materials that have been
returned to Contractor in those instances where State has agreed to permit repair instead
of demanding replacement.
12.15.
Correcting Defects. Contractor shall, at no additional cost and without entitlement to
extension of any delivery deadline or specified time for performance, remove or exchange
and replace any defective or non-conforming delivered or installed Materials.
12.15.1.
Contractor shall be solely responsible for the cost of any associated cutting and
patching, temporary protection measures, packing and crating, hoisting and
loading, transportation, unpacking, inspection, repacking, reshipping, and
reinstallation if installation is within the scope of the Contract.
12.15.2.
If Contractor fails to do so in a timely manner, State will be entitled to exercise
its remedies under the Contract, including but not limited to, paragraph 8.5 [Right
of Offset] of the Uniform Terms and Conditions.
12.15.3.
Whether State will permit Contractor to repair in place or demands that
Contractor remove and replace is at State’s discretion in each instance, provided
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
that, State shall not apply that discretion punitively if repair in place is practicable
and doing so would not create safety hazards, put property at risk, unreasonably
interfere with operations, create public nuisance, or give rise to any other
reasonable concern on State’s part.
12.16.
Returns. State may, at its discretion, return for full credit and with no restocking charges,
any delivered Materials unused in the original packaging within thirty (30) days after
receipt, regardless of acceptance. If State elects to return delivered Materials, then State
shall pay delivery costs to return the products to the place from which Contractor shipped
them. However, if State returns delivered Materials because they are defective or non-
conforming or for any other reason having to do with Contractor fault or error, then State
will not be responsible for any costs associated with returning the Materials and may, at
its discretion, either have those billed directly to Contractor, offset them under paragraph
8.5 [Right of Offset] of the Uniform Terms and Conditions, or take any other appropriate
actions under the Contract.
13.
General Provisions for Services
13.1.
Applicability. Article 13 applies to the extent the Work is or includes Services.
13.2.
Comprehensive Services. Contractor shall provide the comprehensive range of Services
for which a price is established in the Contract for ordering by Eligible Agencies and Co-
Op Buyers.
13.3.
Additional Services. State at its discretion may modify the scope of the Contract by
Contract Amendment to include additional Services or service categories that are within
the general scope of the ones originally covered by the Contract. Once the Contract
Amendment is fully executed, Contractor shall then update all applicable pricing and make
them available to all affected entities at no additional cost. Either party may make the
request to add Services to the Contract; regardless of who makes the request, the parties
shall negotiate in good faith a fair price for any additional Services, but State may elect
not to add some or all of the Services in question if no agreement is reached on pricing in
a timely manner. Contractor’s request or proposal in response to State’s request shall
include documentation demonstrating that the proposed price for the additional Services
is both fair and reasonable and comparable to the original prices.
13.4.
Off-Contract Services. Contractor shall ensure that the ordering process for the Services
prevents Orders for Services not included in the scope of the Contract (and for which no
price or compensation has been established in the Contract) or Services explicitly
excluded from the Contract. Notwithstanding that State might have its own internal
administrative rules regarding off-contract or excluded ordering of Services, and
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
endeavors to prevent such Orders from occurring, Contractor is responsible for not
accepting any such Orders. State may, at its discretion, cancel any such Order without
obligation.
13.5.
Removal of Personnel. Notwithstanding that Contractor is in every circumstance
responsible for hiring, assigning, directing, managing, training, disciplining, and rewarding
its personnel, State may at its discretion, and without the obligation to demonstrate cause,
instruct Contractor to remove any of its personnel from State’s facilities or from further
assignment under the Contract. In such cases, Contractor shall promptly replace removed
personnel with other personnel that have equivalent qualifications, experience, and
capabilities.
13.6.
Accuracy of Work. Contractor is responsible for the accuracy of the Services, and shall
promptly make all necessary revisions or corrections resulting from errors and omissions
on its part without additional compensation. Acceptance by State shall not relieve
Contractor of responsibility for correction of any errors discovered subsequently or
necessary clarification of any ambiguities.
13.7.
Requirements at Location of Services
13.7.1.
Contractor personnel shall perform their assigned portions of the Services at the
specific location indicated in the Order. Contractor acknowledges that the
location might be inside an industrial building, institutional building, or one of
various office types and classes.
13.7.2.
If performing the Services requires Contractor personnel to work inside a secured
perimeter at certain institutional facilities (including but not limited to prisons)
where prior clearances are required, Contractor shall contact the facility directly
in advance of performing the Services to confirm its current security clearance
procedures, allowable hours for work, visitor dress code, and other applicable
rules. State shall not pay any additional fees (including but not limited to service
charges) or excuse late performance, if Contractor has failed to comply with these
requirements.
13.8.
Acceptance of Services. State has the right to accept Services subject to acceptance
criteria. State may apply acceptance criteria to the Contract or a specific Order, which may
include, but are not limited to, accuracy, completeness, conformance to requirements, or
quality. State shall not pay Contractor for unaccepted Services, and State may, at its
discretion, withhold or make partial payment for any rejected Services, while Contractor is
in the process of re-performing or otherwise curing the grounds for State’s rejection.
13.9.
Corrective Action Required. Notwithstanding any other guarantees, general warranties, or
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
particular warranties Contractor has given under the Contract, and in addition to any other
rights and remedies available under the Contract, if Contractor fails to perform any
material portion of the Services including, but not limited to, failure to complete any
contractual deliverable or failure to meet agreed-upon service levels or service standards
set out in or referred to in the Contract, then Contractor shall perform a root-cause analysis
to identify the source of the failure and use all commercially reasonable efforts to correct
the failure and meet the Contract requirements as promptly as is practicable.
13.9.1.
Contractor shall provide State a report detailing the identified cause and setting
out its detailed corrective action plan promptly after the date the failure occurred
(or the date when the failure first became apparent, if it was not apparent
immediately after occurrence).
13.9.2.
State may demand to review and approve Contractor’s analysis and plans, and
Contractor shall make any and all reasonable corrections State instructs and
adopt State’s recommendations, including any measures State determines to be
necessary for employee or public safety, or the protection of property or the
environment.
13.9.3.
Contractor shall take the necessary action(s) to avoid any like failures in the
future.
14.
Data and Information Handling
14.1.
Applicability. Article 14 applies to the extent the Work includes handling of any (1) State’s
proprietary and sensitive data or (2) confidential or access-restricted information obtained
from State or from others at State’s behest.
14.2.
Data Protection and Confidentiality of Information. Contractor warrants that it will establish
and maintain procedures and controls acceptable to State for ensuring that State’s
proprietary and sensitive data is protected from unauthorized access and information
obtained from State or others in performance of its contractual duties is not mishandled,
misused, or inappropriately released or disclosed. For purposes of this paragraph, all data
created by Contractor in any way related to the Contract, provided to Contractor by State,
or prepared by others for State are proprietary to State, and all information by those same
avenues is State’s confidential information. To comply with the foregoing warrant:
14.2.1.
Contractor shall: (a) notify State immediately of any unauthorized access or
inappropriate disclosures, whether stemming from an external security breach,
internal breach, system failure, or procedural lapse; (b) cooperate with State to
identify the source or cause and respond to each unauthorized access or
inappropriate disclosure; and (c) notify State promptly of any security threat that
could result in unauthorized access or inappropriate disclosures; and
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
14.2.2.
Contractor shall not: (a) release any such data or allow it to be released or
divulge any such information to anyone other than its employees or officers as
needed for each person’s individual performance of his or her duties under the
Contract, unless State has agreed otherwise in advance and in writing; or (b)
respond to any requests it receives from a third party for such data or information,
and instead route all such requests to State’s designated representative.
14.3.
Personally Identifiable Information. Without limiting the generality of paragraph 14.2,
Contractor warrants that it will protect any personally identifiable information (“PII”)
belonging to State’s employees or other contractors or members of the general public that
it receives from State or otherwise acquires in its performance under the Contract. For
purposes of this paragraph:
14.3.1.
PII has the meaning given in the [federal] Office of Management and Budget
(OMB) Memorandum M-17-12 Preparing for and Responding to a Breach of
Personally Identifiable Information, January 3, 2017; and
14.3.2.
“protect” means taking measures to safeguard personally identifiable information
and prevent its breach that are functionally equivalent to those called for in that
OMB memorandum and elaborated on in the [federal] General Services
Administration (GSA) Directive CIO P 2180.1 GSA Rules of Behavior for
Handling Personally Identifiable Information.
NOTE (1): For convenience of reference only, the OMB memorandum is available at:
https://dpcld.defense.gov/Privacy/Authorities-and-Guidance/
NOTE (2): For convenience of reference only, the GSA directive is available at:
https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-
identifiable-information-(pii)-
14.4.
Protected Health Information. Contractor warrants that, to the extent performance under
Contract involves individually identifiable health information (referred to hereinafter as
protected health information (“PHI”) and electronic PHI (“ePHI”) as defined in the Privacy
Rule referred to below), it:
14.4.1.
is familiar with and will comply with the applicable aspects of the following
collective regulatory requirements regarding patient information privacy
protection: (a) the “Privacy Rule” in CFR 45 Part 160 and Part 164 pursuant to
the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996; (b)
Arizona laws, rules, and regulations applicable to PHI/ePHI that are not
preempted by CFR45-160(B) or the Employee Retirement Income Security Act
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
of 1974 (“ERISA”) as amended; and (c) State’s current and published PHI/ePHI
privacy and security policies and procedures;
14.4.2.
will cooperate with State in the course of performing under the Contract so that
both State and Contractor stay in compliance with the requirements in (1) above;
and
14.4.3.
will sign any documents that are reasonably necessary to keep both State and
Contractor in compliance with the requirements in (1) above, in particular
“Business Associate Agreements” in accordance with the Privacy Rule.
NOTE: For convenience of reference only, the Privacy Rule is available at:
http://www.hhs.gov/hipaa/for-professionals/privacy/index.html
15.
Information Technology Work
15.1.
Applicability. Article 15 applies to any Invitation for Bids, Request for Proposals, or
Request for Quotations for "Information Technology," as defined In A.R.S. §18-101(6)
“…all computerized and auxiliary automated information processing, telecommunications
and related technology, including hardware, software, vendor support and related
services, equipment and projects,” if and to the extent that the Work is or includes
Information Technology.
15.2.
Background Checks. Each Contractor's personnel who is an applicant for an information
technology position must undergo the security clearance and background check
procedure, which includes fingerprinting, as required by A.R.S. § 41-710, Eligible Agency,
or Co-Op Buyer. Contractor shall obtain and pay for the security clearance and
background check. Contractor personnel who will have administrator privileges on a State
network must additionally provide identity and address verification and undergo State-
specified training for unescorted access, confidentiality, privacy, and data security
15.3.
Information Access
15.3.1.
System Measures. Contractor shall employ appropriate system management
and maintenance, fraud prevention and detection, and encryption application
and tools to any systems or networks containing or transmitting State’s
proprietary data or confidential information.
15.3.2.
Individual Measures. Contractor personnel shall comply with applicable State
policies and procedures regarding data access, privacy, and security, including
prohibitions on remote access and obtaining and maintaining access
identifications (IDs) and passwords. Contractor is responsible to State for
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
ensuring that any State access IDs and passwords are used only by the person
to whom they were issued. Contractor shall ensure that personnel are only
provided the minimum only such level of access necessary to perform his or
duties. Contractor shall, on request, provide a current register of the access IDs
and passwords and corresponding access levels currently assigned to its
personnel.
15.3.3.
Access Control. Contractor is responsible to State for ensuring that hardware,
software, data, information, and that has been provided by State or belongs to
or is in the custody of State and is accessed or accessible by Contractor
personnel is only used in connection with carrying out the Work and is never
commercially exploited in any manner whatsoever not expressly permitted under
the Contract. State may restrict access of Contractor personnel, or instruct
Contractor to restrict their access, if in its determination the requirements of this
subparagraph are not being met.
15.4.
Pass-Through Indemnity
15.4.1.
Indemnity from Third Party. For computer hardware or software included in the
Work as discrete units that were manufactured or developed solely by a third
party, Contractor may satisfy its indemnification obligations under the Contract
by, to the extent permissible by law, passing through to State such indemnity as
it receives from the third-party source (each a “Pass-Through Indemnity”) and
cooperating with State in enforcing that indemnity. If the third party fails to honor
its Pass-Through Indemnity, or if a Pass-Through Indemnity is insufficient to
indemnify State Indemnitees to the extent and degree, Contractor is required to
do by the Uniform Terms and Conditions, then Contractor shall indemnify, defend
and hold harmless State Indemnitees to the extent the Pass-Through Indemnity
does not.
15.4.2.
Notification of Claims. State shall notify Contractor promptly of any claim to which
a Pass-Through Indemnity might apply. Contractor, with reasonable consultation
from State, shall control of the defense of any action on any claim to which a
Pass-Through Indemnity applies, including negotiations for settlement or
compromise, provided that:
15.4.2.1.
State reserves the right to elect to participate in the action at its
own expense;
15.4.2.2.
State reserves the right to approve or reject any settlement or
compromise on reasonable grounds and if done so timely; and
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
15.4.2.3.
State shall in any case cooperate in the defense and any related
settlement negotiations.
15.5.
Systems and Controls. In consideration for State having agreed to permit Pass-Through
Indemnities in lieu of direct indemnity, Contractor agrees to establish and keep in place
systems and controls appropriate to ensure that State funds under this Contract are not
knowingly used for the acquisition, operation, or maintenance of Materials or Services in
violation of intellectual property laws or a third party’s intellectual property rights.
15.6.
Redress of Infringement
15.6.1.
Replace, License, or Modify. If Contractor becomes aware that any Materials or
Services infringe, or are likely to be infringing, on any third party’s intellectual
property rights, then Contractor shall, at its sole cost and expense and in
consultation with State, either:
15.6.1.1.
replace any infringing items with non-infringing ones;
15.6.1.2.
obtain for State the right to continue using the infringing items; or
15.6.1.3.
modify the infringing items so that they become non-infringing, so
long as they continue to function as specified following the
modification.
15.6.2.
Cancellation Option. In every case under 15.6.1, if none of those options can
reasonably be accomplished, or if the continued use of the infringing items is
impracticable, State may cancel the relevant Order or terminate the Contract,
and Contractor shall take back the infringing items. If State does cancel the Order
or terminate the Contract, Contractor shall refund to State:
15.6.2.1.
for any software created for State under the Contract, the amount
State paid to Contractor for creating it;
15.6.2.2.
for all other Materials, the net book value of the product provided
according to generally accepted accounting principles; and
15.6.2.3.
for Services, the amount paid by State or an amount equal to
twelve (12) months of charges, whichever is less.
15.6.3.
Exceptions. Contractor will not be liable for any claim of infringement based
solely on any of the following by a State Indemnitee:
15.6.3.1.
modification or use of Materials other than as contemplated by
the Contract or expressly authorized or proposed by a Contractor
Indemnitor;
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
15.6.3.2.
operation of Materials with any operating software other than that
supplied by Contractor or authorized or proposed by a Contractor
Indemnitor; or
15.6.3.3.
combination or use with other products in a manner not
contemplated by the Contract or expressly authorized or
proposed by a Contractor Indemnitor.
15.7.
First Party Liability Limitation
15.7.1.
Limit. Subject to the provisos that follow below and unless stated otherwise in
the Special Terms and Conditions, State’s and Contractor’s respective first party
liability arising from or related to the Contract is limited to the greater of
$1,000,000 (one million dollars) or three (3) times the purchase price of the
specific Materials or Services giving rise to the claim.
15.7.2.
Provisos. This paragraph limits liability for first party direct, indirect, incidental,
special, punitive, and consequential damages relating to the Work regardless of
the legal theory under which the liability is asserted. This paragraph does not
limit liability arising from any:
15.7.2.1.
Indemnified Claim against which Contractor has indemnified
State Indemnitees under paragraph 6.2;
15.7.2.2.
claim
against
which
Contractor
has
indemnified
State
Indemnitees under paragraph 6.3; or
15.7.2.3.
provision of the Contract calling for liquidated damages or
specifying amounts or percentages as being at-risk or subject to
deduction for performance deficiencies.
15.7.3.
Purchase Price Determination. If the Contract is for a single-agency and a single
Order (or if no Order applies), then “purchase price” in Subparagraph 15.7.1
above means the aggregate Contract price current at the time of Contract
expiration or earlier termination, including all Contract Amendments having an
effect on the aggregate price through that date. In all other cases, “purchase
price” above means the total price of the Order for the specific equipment,
software, or services giving rise to the claim, and therefore a separate limit will
apply to each Order.
15.7.4.
No Effect on Insurance. This paragraph does not modify the required coverage
limits, terms, and conditions of, or any insured’s ability to claim against any
insurance that Contractor is required by the Contract to provide, and Contractor
shall obtain express endorsements that it does not.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
15.8.
Information Technology Warranty
15.8.1.
Specified Design. Where the Scope of Work for information technology, Work
provides a detailed design specification or sets out specific performance
requirements, Contractor warrants that the Work will provide all functionality
material to the intended use stated in the Contract, provided that, the foregoing
warranty does not extend to any portions of the Materials that are:
15.8.1.1.
modified or altered by anyone not authorized by Contractor to do
so;
15.8.1.2.
maintained in a way inconsistent to any applicable manufacturer
recommendations; or
15.8.1.3.
operated in a manner not within its intended use or environment.
15.8.2.
COTS Software. With respect to Materials provided under the Contract that are
commercial-off-the-shelf (COTS) software, Contractor warrants that:
15.8.2.1.
to the extent possible, it will test the software before delivery using
commercially available virus detection software conforming to
current industry standards;
15.8.2.2.
the COTS software will, to the best of its knowledge, at the time
of delivery be free of viruses, backdoors, worms, spyware,
malware, and other malicious code that could hamper
performance, collect unlawfully any personally identifiable
information, or prevent products from performing as required by
the Contract; and
15.8.2.3.
it will provide a new or clean install of any COTS software that
State has reason to believe contains harmful code.
15.8.3.
Payment has no Effect. The warranties in this paragraph are not affected by
State’s inspection, testing, or payment.
15.9.
Specific Remedies. Unless expressly stated otherwise elsewhere in the Contract, State’s
remedy for breach of warranty under paragraph 15.8 includes, at State’s discretion, re-
performance, repair, replacement, or refund of any amounts paid by State for the
nonconforming Work, plus (in every case) Contractor’s payment of State’s additional,
documented, and reasonable costs to procure materials or services equivalent in function,
capability, and performance that was first called for. For clarification of intent, the foregoing
obligations are limited by the limitation of liability in paragraph 14.7. If none of the foregoing
options can reasonably be effected, or if the use of the materials by State is made
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 53 of 81
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
impractical by the nonconformance, then State may seek any remedy available to it under
law.
15.10.
Section 508 Compliance. Unless specifically authorized in the Contract, any electronic or
information technology offered to the State of Arizona under this Contract shall comply
with A.R.S. §18-131 and §18-132 and Section 508 of the Rehabilitation Act of 1973, which
requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and
members of the public who are not individuals with disabilities.
15.11.
Cloud Applications. The following are required for Contractor of any cloud solution that
hosts State data outside of the State’s network or transmits and/or receives State data.
15.11.1.
Submit a completed Arizona Baseline Infrastructure Security Controls
assessment spreadsheet as found at: https://azdohs.gov/information-security-
policies-standards-and-procedures, and mitigate or install compensating
controls for any issues of concern identified by State. Contractor is required to
provide any requested documentation supporting the review of the assessment.
The assessment shall be re-validated on a minimum annual basis.
15.11.2.
State reserves the right to conduct penetration tests or hire a third party to
conduct penetration tests of the Contractor’s application. Contractor will be
alerted in advance and arrangements made for an agreeable time. Contractor
shall respond to all serious flaws discovered by providing an acceptable
timeframe to resolve the issue and/or implement a compensating control.
15.11.3.
Contractor must submit a copy of system logs from the cloud system to the State
of Arizona security team on a regular basis to be added to the State SIEM
(Security Information Event Monitor) or IDS (Intrusion Detection System).
15.11.4.
Contractor must employ a government-rated cloud compartment to better protect
sensitive or regulated State data.
Addendum A to the Special Terms and Conditions
Contractor Insurance Requirements
Procurement Officer to verify and add the appropriate Insurance Requirements from the Risk
Management website, available at the following link:
https://staterisk.az.gov/insurance/insurance-modules
Insurance Requirements – See Exhibit A Insurance
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 54 of 81
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Addendum B to the Special Terms and Conditions
Warranties and Requirements Related to
Arizona Information Technology Statewide Policies, Standards, and Procedures
1.
Security Standards
1.1.
Security of the State’s systems and data are of utmost importance to the State. In order
to assure security from a personnel and operations perspective, Contractor shall comply
with all requirements, in their entirety, as described in the statewide enterprise
architecture; statewide Information Technology security policies, standards, and
procedures; and any applicable agency-specific Information Technology security
policies, standards, and procedures.
1.2.
Contractor shall follow the correct, current version of these policies, standards, and
procedures. The current website for some of these policies, standards, and procedures
is: Information Technology Policies, Standards and Procedures. Note that this link is
provided for convenience only.
1.3.
For security reasons, some state facilities require non-state personnel to have escorts.
If required by the state facility, Contractor personnel shall only be allowed inside of a
State facility if accompanied by an escort designated by the State. This is applicable in
Correctional facilities, Public Safety facilities, State Lottery, and other facilities as
designated by the State.
2.
Security Framework
2.1.
The State of Arizona information security policies and standards follow the National
Institute of Standards and Technology (NIST) Cyber Security Framework (CSF) and
NIST SP 800-53 Rev. 5 Security and Privacy Guidelines may currently be located at:
https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf.
2.2.
The State has established a process to assess risk associated with storing, processing
and/or transmitting State of Arizona data with external, non-State of Arizona, entities.
The Arizona Risk and Authorization Management Program (AZRamp) was developed to
ensure State and contractors meet these requirements. All contractors responding to
State solicitations must successfully complete the AZRamp risk assessment based upon
the data classification involved as determined by the data owner and Arizona Strategic
Enterprise Technology (ASET) Department. Failure to successfully complete AZRamp
assessment will be deemed as breach of contract.
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
2.3.
In the State’s sole discretion, the State may also accept current FedRamp and
StateRamp certifications as evidence that the Contractor has met the State's risk
assessment requirements.
2.4.
Other forms of Cybersecurity Frameworks (CSF), Trust Documents, Self-Attestations,
including, but not limited to, ISO/IEC, SOC 2 & 3, PCI, or HIPAA reports of compliance,
may be reviewed as part of the State’s risk assessment, but are not exclusive or
conclusive evidence that the Contractor has met the State’s risk assessment
requirements.
3.
Additional Security Requirements
3.1.
Contractor shall comply with all security requirements requested by the State.
3.2.
If an Arizona Risk and Authorization Management Program (AZRamp) is required, it will
generally follow these steps, each of which shall be completed by the Contractor upon
request by the State:
3.2.1.
Contractor shall submit a completed Arizona Baseline Infrastructure Security
Controls assessment spreadsheet with its Offer. The Arizona Baseline
Infrastructure Security Controls assessment spreadsheet as found at:
https://azdohs.gov/file/4357, and mitigate gaps or install compensating
controls for any issues of concern identified by State.
3.2.2.
Contractor shall provide Information Security documentation for the AZRamp
assessment to include System Security Plan (SSP), Written Information
Security Programs (WISP), or supporting written IT policies for review of the
assessment.
3.2.3.
Note regarding the confidential treatment of Contractor information:
3.2.3.1.
The State of Arizona seeks a partnership with our supporting
vendors, therefore, Non-Disclosure Agreements (NDA) for
release to review submitted SSP’s, WISP ’s, or written IT policies
will not be considered.
3.2.3.2.
Submitted SSP’s, WISP’s, or written IT policies are deleted and
not retained after AZRamp Authorization is granted.
3.2.3.3.
Procedures for submission of documents considered confidential
or proprietary are identified within this RFP.
3.2.3.4.
Special secure transfer of documents related to this AZRamp
review
process
may
be
made
by
contacting:
AsetAssurance@azdoa.gov to make special arrangements for
the transfer of these documents.
3.2.4.
If applicable to this Solicitation, Contractor shall complete and submit with the
Offer an unedited and signed State of Arizona Health Insurance Portability and
Accountability Act (HIPAA) Business Associate Addendum (BAA).
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.2.5.
All contract awards are contingent on the successful completion of the AZRamp
125 Low Impact (public information) or the AZRamp 325 Moderate
(Confidential, PII, or PHI) Impact Control spreadsheet titled “Arizona
Infrastructure Security Controls 2017 (Excel),” to be determined by the
Enterprise Security, Privacy & Risk Compliance team. Low (Column E) and
Moderate (Column F) Impact controls spreadsheet can be located here:
https://azdohs.gov/file/4356.
3.3.
The State reserves the right to conduct risk assessments, vulnerability assessments,
black-box penetration tests or hire a third party to conduct risk assessments, vulnerability
assessments, and black-box penetration tests of the Contractor’s environment.
Contractor will be alerted in advance and arrangements made for an agreeable time.
Contractor shall respond to all flaws deemed serious by the State when discovered by
providing an acceptable timeframe to resolve the issue and/or implement a
compensating control(s).
3.4.
Upon request, Contractor shall submit copies of system logs from Contractor’s
environment to the State of AZ security team in the format requested to be added to the
State SIEM (Security Information Event Monitor) or IDS (Intrusion Detection System).
3.5.
Contractor shall comply with all applicable State and Federal laws and regulations,
including, but not limited to, the following (please note that the links are provided for
convenience only and may change):
3.5.1.
State
of
Arizona
statewide
policies,
standards
and
procedures:
https://azdohs.gov/information-technology-it-policies-standards-and-
procedures;
3.5.2.
Federal
Information
Security
Modernization
Act
of
2014
(FISMA):
https://csrc.nist.gov/topics/laws-and-regulations/laws/fisma;
3.5.3.
OMB
Circular
A-130:
https://www.federalregister.gov/documents/2016/07/28/2016-17872/revision-
of-omb-circular-no-a-130-managing-information-as-a-strategic-resource;
3.5.4.
National
Cyber
Strategy
of
the
United
States
of
America:
https://www.cisa.gov/executive-order-strengthening-cybersecurity-federal-
networks-and-critical-infrastructure;
3.5.5.
Health Insurance Portability and Accountability Act (HIPAA) including Business
Associate Agreement/ Health Information Technology for Economic and
Clinical Health Act (HITECH): https://www.hhs.gov/hipaa/index.html;
3.5.6.
Tax Information Security Guidelines For Federal, State and Local Agencies:
Safeguards for Protecting Federal Tax Returns and Return Information (I.R.S.
Publication 1075): https://www.irs.gov/pub/irs-pdf/p1075.pdf;
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 57 of 81
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Addendum B to the
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.5.7.
Criminal
Justice
Information
Services
Security
Policy
(CJIS):
https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center;
3.5.8.
Centers for Medicare & Medicaid Services (CMS), Minimum Acceptable Risk
Standards
for
Exchanges
(MARS-E):
https://www.cms.gov/CCIIO/Resources/Regulations-and-
Guidance/Downloads/2-MARS-E-v2-0-Minimum-Acceptable-Risk-Standards-
for-Exchanges-11102015.pdf;
3.5.9.
A.R.S. Title 41, Chapter 41. Arizona Department of Homeland Security;
3.5.10.
A.R.S. §18-104 - Arizona Department of Administration, Arizona Strategic
Enterprise Technology (ADOA-ASET), Powers and duties of the agency:
https://www.azleg.gov/arsDetail/?title=18;
3.5.11.
A.R.S. §18-105 - Statewide Information Security and Privacy Office (SISPO):
https://www.azleg.gov/viewdocument/?docName=http%3A//www.azleg.gov/ar
s/18/00105.htm;
3.5.12.
A.R.S.
§18-551
-
Definitions
Information
Security
Including
PII:
https://www.azleg.gov/ars/18/00551.htm;
3.5.13.
A.R.S. §18-552 - Notification of security system breaches; requirements;
enforcement;
civil
penalty;
preemption;
exceptions:
https://www.azleg.gov/ars/18/00552.htm;
3.5.14.
Arizona Executive Order 2008-10 – Mitigating Cyber Security Threats:
https://aset.az.gov/node/192;
3.5.15.
SIPC Memorandum of Understanding (MOU): https://www.sipc.org/about-
sipc/;
3.5.16.
State Environmental policies: https://azdeq.gov/LawsAndRules;
3.5.17.
Family
Education
Rights
Privacy
Act
(FERPA):
https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html?src=rn;
3.5.18.
Driver’s
Privacy
Protection
Act
(DPPA):
https://azdot.gov/motor-
vehicles/driver-services/driver-license-information/motor-vehicle-records;
3.5.19.
Incident
Response
Reporting
program
and
system:
https://aset.az.gov/sites/default/files/P8240%20Incident%20Response%20Pl
anning_Sept2018_0.pdf;
3.5.20.
Privacy
Incident
Reporting
policy
and
standards:
https://aset.az.gov/sites/default/files/STANDARD%208240%20INCIDENT%2
0RESPONSE%20PLANNING.pdf;
3.5.21.
State of Arizona Library, Archives and Public Records, Records Management
Division, General Retention Schedules https://azlibrary.gov/arm/policies; and
3.5.22.
Payment Card Industry (PCI) Security Standards including but not limited to
Supplemental
Documents,
Information
Supplements
and
Validation
Requirements: https://www.pcisecuritystandards.org.
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 58 of 81
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Uniform Terms and Conditions
1.
Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below
are defined as follows:
1.1.
“Attachment” means any item the Solicitation which requires the Offeror to submit as part
of the Offer.
1.2.
“Contract” means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers;
and any Solicitation Amendments or Contract Amendments.
1.3.
"Contract Amendment" means a written document signed by the Procurement Officer that
is issued for the purpose of making changes in the Contract.
1.4.
“Contractor” means any person who has a Contract with the State.
1.5.
“Data” means recorded information, regardless of form or the media on which it may be
recorded. The term may include technical data and computer software. The term does not
include information incidental to contract administration, such as financial, administrative,
cost or pricing, or management information.
1.6.
“Days” means calendar days unless otherwise specified.
1.7.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits
section of the Solicitation generally containing maps, schematics, examples of reports, or
other documents that will be used to perform the requirements of the Scope of Work after
contract award.
1.8.
“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
1.9.
“Materials” means all property, including equipment, supplies, printing, insurance and
leases of property but does not include land, a permanent interest in land or real property
or leasing space.
1.10.
“Procurement Officer” means the person, or his or her designee, duly authorized by the
State to enter into and administer Contracts and make written determinations with respect
to the Contract.
1.11.
“Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor
which does not involve the delivery of a specific end product other than required reports
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
and performance, but does not include employment agreements or collective bargaining
agreements.
1.12.
“State” means any department, commission, council, board, bureau, committee,
institution, agency, government corporation or other establishment or official of the
executive branch or corporation commission of the State of Arizona that executes the
Contract.
1.13.
“State Fiscal Year” means the period beginning with July 1 and ending June 30.
1.14.
“Subcontract” means any Contract, express or implied, between the Contractor and
another party or between a Subcontractor and another party delegating or assigning, in
whole or in part, the making or furnishing of any Materials or any Services required for the
performance of the Contract.
1.15.
“Subcontractor” means a person who contracts to perform work or render Services to a
Contractor or to another Subcontractor as a part of a Contract with the State.
2.
Contract Interpretation
2.1.
Arizona Law. The Arizona law applies to this Contract including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona and the Arizona
Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its
implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
2.2.
Implied Contract Terms. Each provision of law and any terms required by law to be in this
Contract are a part of this Contract as if fully stated in it.
2.3.
Contract Order of Precedence. In the event of a conflict in the provisions of the Contract,
as accepted by the State and as they may be amended, the following shall prevail in the
order set forth below:
2.3.1.
Special Terms and Conditions;
2.3.2.
Uniform Terms and Conditions;
2.3.3.
Statement or Scope of Work;
2.3.4.
Specifications;
2.3.5.
Attachments;
2.3.6.
Exhibits; then
2.3.7.
Any other documents referenced or included in the Solicitation including, but not
limited to, any Bid or Offer documents provided by the Contractor that do not fall
into one of the above categories.
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
2.4.
Relationship of Parties. The Contractor under this Contract is an independent Contractor.
Neither party to this Contract shall be deemed to be the employee or agent of the other
party to the Contract.
2.5.
Severability. The provisions of this Contract are severable. Any term or condition deemed
illegal or invalid shall not affect any other term or condition of the Contract.
2.6.
No Parol Evidence. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the parties and no
usage of the trade shall supplement or explain any terms used in this document and no
other understanding either oral or in writing shall be binding.
2.7.
No Waiver. Either party’s failure to insist on strict performance of any term or condition of
the Contract shall not be deemed a waiver of that term or condition even if the party
accepting or acquiescing in the nonconforming performance knows of the nature of the
performance and fails to object to it.
3.
Contract Administration and Operation
3.1.
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
contractually require each Subcontractor to retain any and all Data and other “records”
relating to the acquisition and performance of the Contract for a period of five (5) years
after the completion of the Contract. All records shall be subject to inspection and audit by
the State at reasonable times. Upon request, the Contractor shall produce a legible copy
of any or all such records.
3.2.
Non-Discrimination. The Contractor shall comply with State Executive Orders No. 2023-
01, 2009-09, and any and all other applicable Federal and State laws, rules and
regulations, including the Americans with Disabilities Act.
3.3.
Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five
(5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be
subject to audit by the State and, where applicable, the Federal Government, to the extent
that the books and records relate to the performance of the Contract or Subcontract.
3.4.
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its
facilities, Subcontractor facilities, and the Contractor’s processes or services, at
reasonable times for inspection of the facilities or Materials covered under this Contract
as required under A.R.S. § 41-2547. The State shall also have the right to test, at its own
cost, the Materials to be supplied under this Contract. Neither inspection of the
Contractor’s facilities nor Materials testing shall constitute final acceptance of the Materials
or Services. If the State determines non-compliance of the Materials, the
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Contractor shall be responsible for the payment of all costs incurred by the State for testing
and inspection.
3.5.
Notices. Notices to the Contractor required by this Contract shall be made by the State to
the person indicated on the Offer and Acceptance form submitted by the Contractor unless
otherwise stated in the Contract. Notices to the State required by the Contract shall be
made by the Contractor to the Solicitation Contact Person indicated on the Solicitation,
stated in the Contract, or listed on the State’s eProcurement system. An authorized
Procurement Officer and an authorized Contractor representative may change their
respective person to whom notice shall be given by written notice to the other and an
amendment to the Contract shall not be necessary.
3.6.
Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise
or promote information for commercial benefit concerning this Contract without the prior
written approval of the Procurement Officer.
3.7.
Continuous Improvement. Contractor shall recommend continuous improvements on an
ongoing basis in relation to any Materials and Services offered under the Contract, with a
view to reducing State costs and improving the quality and efficiency of the provision of
Materials or Services. State may require Contractor to engage in continuous
improvements throughout the term of the Contract.
3.8.
Other Contractors. State may undertake on its own or award other contracts to the same
or other suppliers for additional or related work. In such cases, the Contractor shall
cooperate fully with State employees and such other suppliers and carefully coordinate,
fit, connect, accommodate, adjust, or sequence its work to the related work by others.
Where the Contract requires handing-off Contractor’s work to others, Contractor shall
cooperate as State instructs regarding the necessary transfer of its work product,
Materials, Services, or records to State or the other suppliers. Contractor shall not commit
or permit any act that interferes with the State’s or other suppliers’ performance of their
work, provided that, State shall enforce the foregoing section equitably among all its
suppliers so as not impose an unreasonable burden on any one of them.
3.9.
Ownership of Intellectual Property
3.9.1.
Rights In Work Product. All intellectual property originated or prepared by
Contractor pursuant to the Contract, including but not limited to, inventions,
discoveries, intellectual copyrights, trademarks, trade names, trade secrets,
technical communications, records reports, computer programs and other
documentation or improvements thereto, including Contractor’s administrative
communications and records relating to the Contract, are considered work
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
product and Contractor’s property, provided that, State has Government
Purpose Rights to that work product as and when it was delivered to State.
3.9.2.
“Government Purpose Rights” are:
3.9.2.1.
the unlimited, perpetual, irrevocable, royalty free, non-exclusive,
worldwide right to use, modify, reproduce, release, perform, display,
sublicense, disclose and create derivatives from that work product
without restriction for any activity in which State is a party;
3.9.2.2.
the right to release or disclose that work product to third parties for
any State government purpose; and
3.9.2.3.
the right to authorize those to whom it rightfully releases or discloses
that work product to use, modify, release, create derivative works
from the work product for any State government purpose; such
recipients being understood to include the federal government, the
governments of other states, and various local governments.
3.9.3.
“Government Purpose Rights” do not include any right to use, modify,
reproduce, perform, release, display, create derivative works from or disclose
that work product for any commercial purpose, or to authorize others to do so.
3.9.4.
Joint Developments. The Contractor and State may each use equally any ideas,
concepts, know-how, or techniques developed jointly during the course of the
Contract, and may do so at their respective discretion, without obligation of
notice or accounting to the other party.
3.9.5.
Pre-existing Material. All pre-existing software and other Materials developed or
otherwise obtained by or for Contractor or its affiliates independently of the
Contract or applicable Purchase Orders are not part of the work product to
which rights are granted State under subparagraph 3.9.1 above, and will remain
the exclusive property of Contractor, provided that:
3.9.5.1.
any derivative works of such pre-existing Materials or elements
thereof that are created pursuant to the Contract are part of that work
product;
3.9.5.2.
any elements of derivative work of such pre-existing Materials that
was not created pursuant to the Contract are not part of that work
product; and
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.9.5.3.
except as expressly stated otherwise, nothing in the Contract is to
be construed to interfere or diminish Contractor’s or its affiliates’
ownership of such pre-existing Materials.
3.9.6.
Developments Outside Of Contract. Unless expressly stated otherwise in the
Contract, this Section does not preclude Contractor from developing competing
Materials outside the Contract, irrespective of any similarity to Materials
delivered or to be delivered to State hereunder.
3.10.
Property of the State. If there are any materials that are not covered by Section 3.9 above
created under this Contract, including but not limited to, reports and other deliverables,
these materials are the sole property of the State. The Contractor is not entitled to a patent
or copyright on those materials and may not transfer the patent or copyright to anyone
else. The Contractor shall not use or release these materials without the prior written
consent of the State.
3.11.
Federal Immigration and Nationality Act. Contractor shall comply with all federal, state and
local immigration laws and regulations relating to the immigration status of their employees
during the term of the contract. Further, Contractor shall flow down this requirement to all
Subcontractors utilized during the term of the contract. The State shall retain the right to
perform random audits of Contractor and Subcontractor records or to inspect papers of
any employee thereof to ensure compliance. Should the State determine that the
Contractor or any Subcontractors be found noncompliant, the State may pursue all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the contract for default and suspension or debarment of the contractor.
3.12.
E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants
compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. § 23- 214, Subsection A.
3.13.
Offshore Performance of Work involving Data is Prohibited. Any Services that are
described in the specifications or scope of work that directly serve the State of Arizona or
its clients and involve access to Data shall be performed within the defined territories of
the United States.
3.14.
Certifications Required by State Law.
3.14.1.
If Contractor is a Company as defined in A.R.S. § 35-393, Contractor
certifies that it is not currently engaged in a boycott of Israel as described in
A.R.S. §§ 35-393 et seq. and will refrain from any such boycott for the
duration of this Contract.
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.14.2.
Contractor further certifies that it shall comply with A.R.S. § 35-394,
regarding use of the forced labor of ethnic Uyghurs, as applicable.
4.
Costs and Payments
4.1.
Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net
30 days. Upon receipt and acceptance of Materials or Services, the Contractor shall
submit a complete and accurate invoice for payment from the State within thirty (30) days.
4.2.
Delivery. Unless stated otherwise in the Contract, per A.R.S. § 47-2319, all prices shall be
F.O.B. (“free on board”) Destination and shall include all freight delivery and unloading at
the destination.
4.3.
Firm, Fixed Price. Unless stated otherwise in the Special Terms and Conditions of the
Contract, all prices shall be firm-fixed-prices.
4.4.
Applicable Taxes
4.4.1.
Payment of Taxes. The Contractor shall be responsible for paying all applicable
taxes.
4.4.2.
State and Local Transaction Privilege Taxes. The State of Arizona is subject to
all applicable state and local transaction privilege taxes. Transaction privilege
taxes apply to the sale and are the responsibility of the seller to remit. Failure to
collect such taxes from the buyer does not relieve the seller from its obligation to
remit taxes.
4.4.3.
Tax Indemnification. Contractor and all Subcontractors shall pay all Federal,
state and local taxes applicable to its operation and any persons employed by
the Contractor. Contractor shall, and require all Subcontractors to hold the State
harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under Federal, and/or state and local laws and regulations
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.
4.4.4.
I.R.S. W9 Form. In order to receive payment the Contractor shall have a current
I.R.S. W9 Form on file with the State of Arizona, unless not required by law.
4.5.
Availability of Funds for the Next State Fiscal Year. Funds may not presently be available
for performance under this Contract beyond the current State Fiscal Year. No legal liability
on the part of the State for any payment may arise under this Contract beyond the current
State Fiscal Year until funds are made available for performance of this Contract.
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
4.6.
Availability of Funds for the Current State Fiscal Year. Should the State Legislature enter
back into session and reduce the appropriations or for any reason and these Materials or
Services are not funded, the State may take any of the following actions:
4.6.1.
Accept a decrease in price offered by the Contractor;
4.6.2.
Cancel the Contract; or
4.6.3.
Cancel the Contract and re-solicit the requirements.
5.
Contract Changes
5.1.
Amendments. This Contract is issued under the authority of the Procurement Officer who
signed this Contract. The Contract may be modified only through a Contract Amendment
within the scope of the Contract. Changes to the Contract, including the addition of
Services or Materials, the revision of payment terms, or the substitution of Services or
Materials, directed by a person who is not specifically authorized by the Procurement
Officer in writing or made unilaterally by the Contractor are violations of the Contract and
of applicable law. Such changes, including unauthorized written Contract Amendments
shall be void and without effect, and the Contractor shall not be entitled to any claim under
this Contract based on those changes.
5.2.
Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for
the performance of this Contract without the advance written approval of the Procurement
Officer as described in Arizona State Procurement Office Standard Procedure 002. The
Contractor shall clearly list any proposed Subcontractors and the Subcontractor’s
proposed responsibilities. The Subcontract shall incorporate by reference the terms and
conditions of this Contract.
5.3.
Assignment and Delegation. The Contractor shall not assign any right nor delegate any
duty under this Contract without the prior written approval of the Procurement Officer. The
State shall not unreasonably withhold approval.
6.
Risk and Liability
6.1.
Risk of Loss. The Contractor shall bear all loss of conforming Materials covered under this
Contract until received by authorized personnel at the location designated in the purchase
order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for
nonconforming Materials shall remain with the Contractor regardless of receipt.
6.2.
Indemnification
6.2.1.
Contractor/Vendor Indemnification (Not Public Agency).To the fullest extent
permitted by law, Contractor shall defend, indemnify, and hold harmless the
State of Arizona, and its departments, agencies, boards, commissions,
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Request for Proposal
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
universities, officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for
bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of its owners, officers,
directors, agents, employees or Subcontractors. This indemnity includes any
claim or amount arising out of, or recovered under, the Workers’ Compensation
Law or arising out of the failure of such Contractor to conform to any federal,
state, or local law, statute, ordinance, rule, regulation, or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except
for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by Contractor from and against any and all claims. It
is agreed that Contractor will be responsible for primary loss investigation,
defense, and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation Insurance and Indemnification Guidelines for State of
Arizona Contracts Professional Service Contracts against the State of Arizona,
its officers, officials, agents, and employees for losses arising from the work
performed by the Contractor for the State of Arizona. This indemnity shall not
apply if the Contractor or Subcontractor(s) is/are an agency, board, commission
or university of the State of Arizona.
6.2.2.
Public Agency Language Only. Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against any
and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as 'claims') arising out of
bodily injury of any person (including death) or property damage but only to the
extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other
fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
6.3.
Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless
the State against any liability, including costs and expenses, for infringement of any patent,
trademark or copyright arising out of Contract performance or use by the State of Materials
furnished or work performed under this Contract. The State shall reasonably notify the
Contractor of any claim for which it may be liable under this paragraph. If the Contractor
is insured pursuant to A.R.S. § 41-621 and § 35-154, this paragraph shall not apply.
6.4.
Force Majeure.
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
6.4.1.
Except for payment of sums due, neither the Contractor nor State shall be liable
to the other nor deemed in default under this Contract if and to the extent that
such party’s performance of this Contract is prevented by reason of force
majeure. The term “force majeure” means an occurrence that is beyond the
control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes: acts of God, acts of the public
enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood,
lockouts, injunctions-intervention-acts, failures or refusals to act by government
authority, and other similar occurrences beyond the control of the party declaring
force majeure which such party is unable to prevent by exercising reasonable
diligence.
6.4.2.
Force Majeure shall not include the following occurrences:
6.4.2.1.
Late delivery of equipment, Materials, or Services caused by
congestion at a manufacturer’s plant or elsewhere, or an oversold
condition of the market;
6.4.2.2.
Late performance by a Subcontractor unless the delay arises out of
a force majeure occurrence in accordance with this force majeure
term and condition; or
6.4.2.3.
Inability of either the Contractor or any Subcontractor to acquire or
maintain any required insurance, bonds, licenses or permits.
6.4.3.
If either the Contractor or State is delayed at any time in the progress of the work
by force majeure, the delayed party shall notify the other party in writing of such
delay, as soon as is practicable and no later than the following working day, of
the commencement thereof and shall specify the causes of such delay in such
notice. Such notice shall be delivered or mailed certified-return receipt and shall
make a specific reference to this article, thereby invoking its provisions. The
delayed party shall cause such delay to cease as soon as practicable and shall
notify the other party in writing when it has done so. The time of completion shall
be extended by Contract Amendment for a period of time equal to the time that
results or effects of such delay prevent the delayed party from performing in
accordance with this Contract.
6.4.4.
Any delay or failure in performance by either party hereto shall not constitute
default hereunder or give rise to any claim for damages or loss of anticipated
profits if, and to the extent that such delay or failure is caused by force majeure.
6.5.
Third Party Antitrust Violations. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that those violations concern
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Materials or Services supplied by third parties to the Contractor, toward fulfillment of this
Contract.
7.
Warranties
7.1.
Liens. The Contractor warrants that the Materials supplied under this Contract are free of
liens and shall remain free of liens.
7.2.
Quality. Unless otherwise modified elsewhere in the Special Terms and Conditions, the
Contractor warrants that, for one (1) year after acceptance by the State of the Materials,
they shall be:
7.2.1.
Of a quality to pass without objection in the trade under the Contract description;
7.2.2.
Fit for the intended purposes for which the Materials are used;
7.2.3.
Within the variations permitted by the Contract and are of even kind, quantity,
and quality within each unit and among all units;
7.2.4.
Adequately contained, packaged, and marked as the Contract may require; and
7.2.5.
Conform to the written promises or affirmations of fact made by the Contractor.
7.3.
Conformity to Requirements.
7.3.1.
Contractor warrants that, unless expressly provided otherwise elsewhere in the
Contract, the Materials and Services will for one (1) year after acceptance and
in each instance:
7.3.1.1.
Conform to the requirements of the Contract, which by way of
reminder include without limitation all descriptions, specifications,
and drawings identified in the Scope of Work and any and all
Contractor affirmations included as part of the Contract;
7.3.1.2.
Be free from defects of material and workmanship;
7.3.1.3.
Conform to or perform in a manner consistent with current industry
standards; and
7.3.1.4.
Be fit for the intended purpose or use described in the Contract.
7.3.2.
Mere delivery or performance does not substitute for express acceptance by the
State. Where inspection, testing, or other acceptance assessment of Materials
or Services cannot be done until after installation or invoicing, the forgoing
warranty will not begin until State’s explicit acceptance of the Materials or
Services.
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Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
7.4.
Inspection/Testing. The warranties set forth in this Section 7 [Warranties] are not affected
by inspection or testing of or payment for the Materials or Services by the State.
7.5.
Contractor Personnel. Contractor warrants that its personnel will perform their duties
under the Contract in a professional manner, applying the requisite skills and knowledge,
consistent with industry standards, and in accordance with the requirements of the
Contract. Contractor further warrants that its key personnel will maintain any and all
certifications relevant to their work, and Contractor shall provide individual evidence of
certification to State’s authorized representatives upon request.
7.6.
Compliance With Applicable Laws. The Materials and Services supplied under this
Contract shall comply with all applicable federal, state, and local laws and policies
(including, but not limited to, information technology policies, standards, and procedures
available on the State’s website and/or the website of any department, commission,
council, board, bureau, committee, institution, agency, government corporation or other
establishment or official of the executive branch or corporation commission of the State of
Arizona). Federal requirements may be incorporated into this Contract, if required,
pursuant to A.R.S. § 41-2637. Contractor shall maintain any and all applicable license and
permit requirements. This requirement includes, but is not limited to, any and all Arizona
state statutes that impact state contracts, regardless of whether those statutory references
have been removed during the course of contract negotiations; this is notice to Contractors
that the State does not have the authority to modify Arizona state law by contract.
7.7.
Intellectual Property. Contractor warrants that the Materials and Services do not and will
not infringe or violate any patent, trademark, copyright, trade secret, or other intellectual
property rights or laws, except only to the extent the Specifications do not permit use of
any other product and Contractor is not and cannot reasonably be expected to be aware
of the infringement or violation.
7.8.
Licenses and Permits. Contractor warrants that it will maintain all licenses required to fully
perform its duties under the Contract and all required permits valid and in force.
7.9.
Operational Continuity. Contractor warrants that it will perform without relief
notwithstanding being sold or acquired; no such event will operate to mitigate or alter any
of Contractor’s duties hereunder absent a consented delegation under paragraph 5.3
[Assignment and Delegation] that expressly recognizes the event.
7.10.
Performance in Public Health Emergency. Contractor warrants that it will:
7.10.1.
Have in effect, promptly after commencement, a plan for continuing
performance in the event of a declared public health emergency that
addresses, at a minimum:
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
7.10.1.1.
Identification of response personnel by name;
7.10.1.2.
Key succession and performance responses in the event of
sudden and significant decrease in workforce; and
7.10.1.3.
Alternative avenues to keep sufficient product on hand or in the
supply chain.
7.10.2.
Provide a copy of its current plan to State within three (3) business days after
State’s written request. If Contractor claims relief under paragraph 6.4 [Force
Majeure] for an occurrence of force majeure that is a declared public health
emergency, then that relief will be conditioned on Contractor having first
implemented its plan and exhausted all reasonable opportunity for that plan
implementation to overcome the effects of that occurrence, or mitigate those
effects to the extent that overcoming entirely is not practicable.
7.10.3.
A request from the State related to this paragraph 7.10 does not necessarily
indicate that there has been an occurrence of force majeure, and the
Contractor will not be entitled to any additional compensation or extension of
time by virtue of having to implement a plan.
7.10.4.
Failure to have or implement an appropriate plan will be a material breach of
contract.
7.11.
Lobbying
7.11.1.
Prohibition. Contractor warrants that it will not engage in lobbying activities, as
defined in 40 Code of Federal Regulations (CFR) part 34 and A.R.S. § 41-
1231, et seq., using monies awarded under the Contract, provided that, the
foregoing does not intend to constrain Contractor's use of its own monies or
property, including without limitation any net proceeds duly realized under the
Contract or any value thereafter derived from those proceeds; and upon award
of the Contract, it will disclose all lobbying activities to State to the extent they
are an actual or potential conflict of interest or where such activities could
create an appearance of impropriety. Contractor shall implement and maintain
adequate controls to assure compliance with above. Contractor shall obtain an
equivalent warranty from all Subcontractors and shall include an equivalent no-
lobbying provision in all Subcontracts.
7.11.2.
Exception. This paragraph 7.11 does not apply to the extent that the Services
are defined in the Contract as being lobbying for State’s benefit or on State’s
behalf.
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Request for Proposal
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
7.12.
Covered Telecommunications or Services. Contractor warrants that the Materials and
Services rendered under this Agreement will not require Contractor to use for the State,
or provide to the State to use, "covered telecommunications equipment or Services" as a
substantial or essential component of any system, or as critical technology as part of any
system, within the meaning of Federal Acquisition Regulation (“FAR”) Section 52.204-25.
7.13.
Debarment, Suspension, U.S. Government Restricted Party Lists. Contractor warrants
that it is not, and its Subcontractors are not, on the U.S. government’s Denied Parties List,
the Unverified List, the Entities List, the Specially Designated Nationals and Blocked
Parties List, and neither the Contractor nor any Subcontractors are presently debarred,
suspended, proposed for debarment or otherwise declared ineligible for award of federal
contracts or participation in federal assistance programs or activities.
7.14.
False Statements. Contractor represents and warrants that all statements and information
Contractor prepared and submitted in response to the Solicitation or as part of the Contract
documents are current, complete, true, and accurate. If the Procurement Officer
determines that Contractor submitted an Offer or Bid with a false statement, or makes
material misrepresentations during the performance of the Contract, the Procurement
Officer may determine that Contractor has materially breached the Contract and may void
the submitted Offer or Bid and any resulting Contract.
7.15.
Survival of Rights and Obligations after Contract Expiration or Termination.
7.15.1.
Survival of Warranty. All representations and warranties made by Contractor
under the Contract will survive the expiration or earlier termination of the
Contract.
7.15.2.
Contractor's Representations and Warranties. All representations and
warranties made by the Contractor under this Contract shall survive the
expiration or termination hereof. In addition, the parties hereto acknowledge that
pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12- 529, the State
is not subject to or barred by any limitations of actions prescribed in A.R.S., Title
12, Chapter 5.
7.15.3.
Purchase Orders. The Contractor shall, in accordance with all terms and
conditions of the Contract, fully perform and shall be obligated to comply with
all purchase orders received by the Contractor prior to the expiration or
termination hereof, unless otherwise directed in writing by the Procurement
Officer, including, without limitation, all purchase orders received prior to but not
fully performed and satisfied at the expiration or termination of this Contract.
8.
State's Contractual Remedies
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
8.1.
Right to Assurance. If the State in good faith has reason to believe that the Contractor
does not intend to, or is unable to perform or continue performing under this Contract, the
Procurement Officer may demand in writing that the Contractor give a written assurance
of intent to perform. Failure by the Contractor to provide written assurance within the
number of Days specified in the demand may, at the State’s option, be the basis for
terminating the Contract under the Uniform Terms and Conditions or other rights and
remedies available by law or provided by the contract.
8.2.
Stop Work Order.
8.2.1.
The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part of the work called for by this Contract for
period(s) of days indicated by the State after the order is delivered to the
Contractor. The order shall be specifically identified as a stop work order issued
under this clause. Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the period of work
stoppage.
8.2.2.
If a stop work order issued under this clause is canceled or the period of the
order or any extension expires, the Contractor shall resume work. The
Procurement Officer shall make an equitable adjustment in the delivery schedule
or Contract price, or both, and the Contract shall be amended in writing
accordingly.
8.3.
Non-exclusive Remedies. The rights and the remedies of the State under this Contract
are not exclusive.
8.4.
Nonconforming Tender. Materials or Services supplied under this Contract shall fully
comply with the Contract. The delivery of Materials or Services or a portion of the Materials
or Services that do not fully comply constitutes a breach of contract. On delivery of
nonconforming Materials or Services, the State may terminate the Contract for default
under applicable termination clauses in the Contract, exercise any of its rights and
remedies under the Uniform Commercial Code, or pursue any other right or remedy
available to it.
8.5.
Right of Offset. The State shall be entitled to offset against any sums due the Contractor,
any expenses or costs incurred by the State, or damages assessed by the State
concerning the Contractor’s non-conforming performance or failure to perform the
Contract, including expenses, costs and damages described in the Uniform Terms and
Conditions.
9.
Contract Termination
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Request for Proposal
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Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
9.1.
Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel
this Contract within three (3) years after Contract execution without penalty or further
obligation if any person significantly involved in initiating, negotiating, securing, drafting or
creating the Contract on behalf of the State is or becomes at any time while the Contract
or an extension of the Contract is in effect an employee of or a consultant to any other
party to this Contract with respect to the subject matter of the Contract. The cancellation
shall be effective when the Contractor receives written notice of the cancellation unless
the notice specifies a later time. If the Contractor is a political subdivision of the State, it
may also cancel this Contract as provided in A.R.S. § 38-511.
9.2.
Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if
the State determines that employment or a Gratuity was offered or made by the Contractor
or a representative of the Contractor to any officer or employee of the State with the
purpose of influencing the outcome of the procurement or securing the Contract, an
amendment to the Contract, or favorable treatment concerning the Contract, including the
making of any determination or decision about contract performance. The State, in
addition to any other rights or remedies, shall be entitled to recover exemplary damages
in the amount of three (3) times the value of the Gratuity offered by the Contractor.
9.3.
Suspension or Debarment. The State may, by written notice to the Contractor, immediately
terminate this Contract if the State determines that the Contractor has been debarred,
suspended or otherwise lawfully prohibited from participating in any public procurement
activity, including but not limited to, being disapproved as a Subcontractor of any public
procurement unit or other governmental body. Submittal of an offer or execution of a
contract shall attest that the Contractor is not currently suspended or debarred. If the
Contractor becomes suspended or debarred, the Contractor shall immediately notify the
State.
9.4.
Termination for Convenience. The State reserves the right to terminate the Contract, in
whole or in part at any time when in the best interest of the State, without penalty or
recourse. Upon receipt of the written notice, the Contractor shall stop all work, as directed
in the notice, notify all Subcontractors of the effective date of the termination and minimize
all further costs to the State. In the event of termination under this paragraph, all
documents, Data and reports prepared by the Contractor under the Contract shall become
the property of and be delivered to the State upon demand. The Contractor shall be
entitled to receive just and equitable compensation for work in progress, work completed,
and Materials or Services accepted before the effective date of the termination. The cost
principles and procedures provided in A.R.S. § 41-2543 and A.A.C. Title 2, Chapter 7,
Article 7, shall apply.
9.5.
Termination for Default.
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Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
9.5.1.
In addition to the rights reserved in the contract, the State may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with
any term or condition of the Contract, to acquire and maintain all required
insurance policies, bonds, licenses and permits, or to make satisfactory progress
in performing the Contract. The Procurement Officer shall provide written notice
of the termination and the reasons for it to the Contractor.
9.5.2.
Upon termination under this paragraph, all goods, Materials, documents, Data,
and reports prepared by the Contractor under the Contract shall become the
property of and be delivered to the State on demand.
9.5.3.
The State may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, Materials or Services to replace those under
this Contract. The Contractor shall be liable to the State for any excess costs
incurred by the State in procuring Materials or Services in substitution for those
due from the Contractor.
9.6.
Continuation of Performance Through Termination. The Contractor shall continue to
perform, in accordance with the requirements of the Contract, up to the date of termination,
as directed in the termination notice.
10.
Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title
41, Chapter 23, Article 9, and rules adopted thereunder.
11.
Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this Contract
through arbitration, after exhausting applicable administrative review, to the extent required by
A.R.S. § 12-1518, except as may be required by other applicable statutes (A.R.S. Title 41).
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Exhibit A
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Exhibit A
1.1
Indemnification Clause
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the
State of Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’
fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as
“Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or
subcontractors. This indemnity includes any claim or amount arising out of, or recovered under,
the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any
federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor
from and against any and all claims. It is agreed that Contractor will be responsible for primary
loss investigation, defense, and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the State of Arizona, its officers, officials, agents, and employees for losses arising from
the work performed by the Contractor for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board,
commission or university of the State of Arizona.
1.2 Insurance Requirements
1.2.1 Contractor and subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Contract,
insurance against claims for injury to persons or damage to property arising from, or in
connection with, the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
1.2.2. The Insurance Requirements herein are minimum requirements for this Contract
and in no way limit the indemnity covenants contained in this Contract. The State of
Arizona in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that arise out of the performance of the work under
this Contract by the Contractor, its agents, representatives, employees or subcontractors,
and the Contractor is free to purchase additional insurance.
1.3 Minimum Scope and Limits of Insurance
Contractor shall provide coverage with limits of liability not less than those stated below.
1.3.1 Commercial General Liability (CGL) – Occurrence Form
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Exhibit A
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Policy shall include bodily injury, property damage, contractual liability coverage, and
broad form contractual liability coverage.
•
General Aggregate
$2,000,000
•
Products – Completed Operations Aggregate
$1,000,000
•
Personal and Advertising Injury
$1,000,000
•
Damage to Rented Premises
$50,000
•
Each Occurrence
$1,000,000
a. The policy shall include coverage for Sexual Abuse and Molestation (SAM). This coverage
may be sub-limited to no less than $500,000. The limits may be included within the General
Liability limit or provided by separate endorsement with its own limits. If you are unable to
obtain SAM coverage under your General Liability because the insurance market will not
support it, it should it be included with the Professional Liability.
b. Contractor must provide the following statement on their Certificate(s) of Insurance: “Sexual
Abuse and Molestation coverage is included” or “Sexual Abuse and Molestation coverage is
not excluded.”
c. The policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees as additional insureds with respect to liability arising out of the
activities performed by or on behalf of the Contractor.
d. Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
1.3.2 Business Automobile Liability
Updated: Bodily Injury and Property Damage for any owned, hired, and/or non-owned
Automobiles used in the performance of this Contract.
•
Combined Single Limit (CSL) $1,000,000
a. Policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees as additional insureds with respect to liability arising out
of the activities performed by, or on behalf of, the Contractor involving automobiles owned,
hired and/or non-owned by the Contractor.
b. Policy shall contain a waiver of subrogation endorsement as required by this written
agreement in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
1.3.3 Workers’ Compensation and Employers' Liability
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Exhibit A
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Workers' Compensation
Statutory
Employers' Liability
•
Each Accident
$1,000,000
•
Disease – Each Employee
$1,000,000
•
Disease – Policy Limit
$1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
b. This requirement shall not apply to each Contractor or subcontractor that is exempt under
A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver
form (Sole Proprietor or Independent Contractor).
1.3.4 Professional Liability (Errors and Omissions Liability)
•
Each Claim
$ 2,000,000
•
Annual Aggregate
$ 2,000,000
a. If SAM coverage is being provided under this policy then Contractor must provide the
following statement on their Certificate(s) of Insurance: “Sexual Abuse and Molestation
coverage is included” or “Sexual Abuse and Molestation coverage is not excluded.” This
coverage may be sub-limited to no less than $500,000.
b. In the event that the professional liability insurance required by this Contract is written on a
claims-made basis, Contractor warrants that any retroactive date under the policy shall
precede the effective date of this Contract; and that either continuous coverage will be
maintained or an extended discovery period will be exercised for a period of two (2) years
beginning at the time work under this Contract is completed.
c. Policy shall cover professional misconduct or wrongful acts for those positions defined in
the Scope of Work of this contract.
1.4 Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required by this written agreement, the
following provisions:
1.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded
the Contractor shall be primary and that any insurance carried by the Department, its agents,
officials, employees or the State of Arizona shall be excess and not contributory insurance, as
provided by A.R.S. § 41-621 (E).
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Exhibit A
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
1.4.2 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed
under the indemnification provisions of this Contract.
1.5 Notice of Cancellation
Applicable to all insurance policies required within the Insurance Requirements of this Contract,
Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be
materially changed for any reason without thirty (30) days prior written notice to the State of
Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of
Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially
changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the
Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to
(State Representative’s Name, Address & Fax Number).
1.6 Acceptability of Insurers
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold
approved non-admitted status on the Arizona Department of Insurance List of Qualified
Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State
of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency.
1.7 Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as
required by this Contract. An authorized representative of the insurer shall sign the certificates.
1.7.1 All such certificates of insurance and policy endorsements must be received by the State
before work commences. The State’s receipt of any certificates of insurance or policy
endorsements that do not comply with this written agreement shall not waive or otherwise
affect the requirements of this agreement.
1.7.2 Each insurance policy required by this Contract must be in effect at, or prior to,
commencement of work under this Contract. Failure to maintain the insurance policies as
required by this Contract, or to provide evidence of renewal, is a material breach of contract.
1.7.3 All certificates required by this Contract shall be sent directly to the
Department. The State of Arizona project/contract number and project description shall be
noted on the certificate of insurance. The State of Arizona reserves the right to require
complete copies of all insurance policies required by this Contract at any time.
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Exhibit A
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
1.8 Subcontractors
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or
Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid
and collectable insurance as evidenced by the certificates of insurance and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance
Requirements identified above. The Department reserves the right to require, at any time
throughout the life of the Contract, proof from the Contractor that its subcontractors have the
required coverage.
1.9 Approval and Modifications
The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of
this contract, as deemed necessary. Such action will not require a formal Contract amendment
but may be made by administrative action.
1.10 Exceptions
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the
Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university,
none of the above shall apply.
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Exhibit B
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Exhibit B
List of Core Languages
Spanish Language Services
Historically, Spanish is the most commonly interpreted and translated language under this
Contract. Spanish is classified in its own section called “Spanish Language Services”.
Core Languages Services
The following languages are considered core languages under this contract and have their own
section called “Core Languages Services”. These are languages other than Spanish that are
used commonly in the State.
• Amharic
• Arabic
• Bengali
• Burmese
• Cantonese
• Chin Hakka
• Dari
• Farsi/Persian
• French
• German
• Gujarati
• Haitian Creole
• Hindi
• Korean
• Mandarin
• Nepali
• Portuguese
• Romanian
• Russian
• Somali
• Swahili
• Tagalog
• Tigrinya
• Turkish
Solicitation Requirements | Revision No. 3.1 | Revised 01-23 | Page 81 of 81
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Exhibit B
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
• Urdu
• Vietnamese
Rare Languages Services
Languages other than Spanish and the core languages may be considered rare
languages and have their own section called “Rare Languages Services.”
Procurement officer signature
DocuSign Envelope ID: ECFBC337-630C-4AE7-AA31-FBC75BBA1111
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Attachment 01 – Offer and Acceptance Form
SUBMISSION OF OFFER: The Undersigned hereby offers and agrees to provide Foreign Language Interpretation and
Translation in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written
exceptions in the Offer indicated by the latest dated version below:
Initial Offer:
10/18/2023
Date
Signature
Revised Offers:
Date
Signature
Date
Signature
Date
Signature
Date
Signature
Best and Final Offer:
Date
Signature
1 Lower Ragsdale Drive, Bldg. 2
Bonaventura A. Cavaliere- Chief Financial Executive
Monterey, California 93940
Krystopher Brightwell- Strategic Account Executive
kbrightwell@languageline.com 831-521-4871
CERTIFICATION: By signature in the above, Offeror certifies that it:
1.
Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive
Order 2009-9 or A.R.S. §§ 41-1461 through -1465;
2.
Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or Service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the
stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting
contract, and may be subject to legal penalties under law;
3.
Complies with A.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;
4.
Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time. After 180 days, the Offer will remain open unless
revoked by Offeror via written withdrawal of Offeror’s proposal in accordance with the Arizona Procurement Code;
5.
Did not and will not involve collusion or other anti-competitive practices; and
6.
Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.
ACCEPTANCE OF OFFER
The offer is hereby accepted.
The Contractor is now bound to sell the Materials or Services listed by the attached Contract and based upon the Solicitation, including
all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.
The Contract shall henceforth be referred to as Contract No.
The effective date of the Contract is
The Contractor is cautioned not to commence any billable work or to provide any Material or Service under this Contract until
Contractor receives purchase order, contract release document, or written notice to proceed.
State of Arizona Awarded this
day of
20
Solicitation Attachment – Offer and Acceptance | Revision No. 2 | Revised 11-22
Offeror company name
Language Line Services, Inc.
Signature of person authorized to sign Offer
Address
Printed name and Title
City, State, ZIP
Contact name and Title
Contact email address
Contact phone number
CTR069864
February 29, 2024
February 5, 2024
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Boycott of Israel Disclosure | Revision No. 2 | Revised 11-22
Attachment 02 – Boycott of Israel Disclosure
Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall
select the “Exempt Solicitation, Contract, or Contractor” option below:
The Solicitation or Contract has an estimated value of less than $100,000;
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; or
Contractor is a non-profit organization.
Pursuant to A.R.S. § 35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a
written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage
in, a boycott of Materials or Services from Israel.”
Under A.R.S. § 35-393:
1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended
to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are
taken either:
(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.
(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid
business reason.
2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability
partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-
owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
…
5. "Public entity": (a) Means this State, a political subdivision of this State or an agency, board, commission or department
of this State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of
regents and community college districts as defined in section 15-1401.
The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued
pursuant to that section. See A.R.S. § 35-393.03.
In compliance with A.R.S. § 35-393 et seq., all Offerors must select one of the following:
The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the
contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. I understand that my entire response will
become a public record in accordance with A.A.C. R2-7-C317;
The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. § 35-393 et seq.; or
Exempt Solicitation, Contract, or Contractor. Indicate which of the following statements applies to this Contract
(may be more than one):
Solicitation or Contract has an estimated value of less than $100,000;
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; or
Contractor is a non-profit organization.
Company name
Signature of person authorized to sign
Address
Printed name and Title
City, State, ZIP
Contact email address
Contact phone number
Language Line Services, Inc.
1 Lower Ragsdale Drive, Bldg. 2
Monterey, California 93940
kbrightwell@languageline.com
831-521-4871
Bonaventura A. Cavaliere- Chief Financial Officer
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Forced Labor of Ethnic Uyghurs Ban | Revision No. 2 | Revised 11-22
Attachment 03 – Forced Labor of Ethnic Uyghurs Ban
Please note that if any of the following apply to the Offeror, then the Offeror shall select the “Exempt Contractor”
option below:
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; or
Contractor is a non-profit organization.
Pursuant to A.R.S. § 35-394, written certification is required to show that the company entering into a contract with
a public entity does not use the forced labor, or any goods or services produced by the forced labor, of ethnic
Uyghurs in the People's Republic of China.
Under A.R.S. § 35-394:
1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability
partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-
owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of
this State or a political subdivision of this State.
In compliance with A.R.S. §§ 35-394 et seq., all Offerors must select one of the following:
The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the
following:
Forced labor of ethnic Uyghurs in the People’s Republic of China;
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or
Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China.
The Company submitting this Offer does participate in use of Forced Uyghurs Labor as described in A.R.S. § 35-394;
or
Exempt Contractor. Indicate which of the following statements applies to the Contractor (may be more than one):
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; or
Contractor is a non-profit organization.
Company name
Signature of person authorized to sign
Address
Printed name and Title
City, State, ZIP
Contact email address
Contact phone number
Language Line Services, Inc.
1 Lower Ragsdale Drive, Bldg. 2
Monterey, California 93940
kbrightwell@languageline.com
831-521-4871
Bonaventura A. Cavaliere- Chief Financial Officer
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Confidential Information Designation | Revision No. 1 | Revised 11-22
Attachment 04 – Confidential Information Designation
All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed
if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be
materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103
(copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For
purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(51).
Complete this form and return it with your Offer along with the appropriate supporting information to assist the State in
making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential
because the material is proprietary or a trade secret and therefore not subject to disclosure.
STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.
Check one of the following – if neither is checked, State will assume that it is equivalent to “DOES NOT”:
This response DOES NOT contain proprietary or trade secret information. I understand that my entire response
will become public record in accordance with A.A.C. R2-7-C317; or
This response DOES contain trade secret information because it contains information that:
1.
Is a formula, pattern, compilation, program, device, method, technique or process;
2.
Derives independent economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by, other persons who can obtain economic value from its
disclosure or use; and
3.
Is the subject of efforts by myself or my organization that are reasonable under the circumstances to
maintain its secrecy.
NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade
secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(51) will
become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance
with A.A.C. R2-7-103.
If State agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the
undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including
legal counsel or other necessary assistance.
By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret, and proprietary
information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror
agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to
State’s withholding of information based upon reliance on the above representations, including the payment of all costs and
attorney fees incurred by State in defending such an action.
Company name
Signature of person authorized to sign
Address
Printed name and Title
City, State, ZIP
Contact email address
Contact phone number
Language Line Services, Inc.
1 Lower Ragsdale Drive, Bldg. 2
Monterey, California 93940
kbrightwell@languageline.com
831-521-4871
Bonaventura A. Cavaliere- Chief Financial Officer
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Confidential Information Designation | Revision No. 1 | Revised 11-22
Attachment – Confidential Information Designation (for reference only)
A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance
A.
If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other
proprietary information, a person shall include with the submission a statement supporting this assertion. A
person shall clearly designate any trade secret and other proprietary information, using the term "confidential".
Contract terms and conditions, pricing, and information generally available to the public are not considered
confidential information under this Section.
B.
Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose
information designated as confidential under subsection (A) except to those individuals deemed by an agency
chief procurement officer to have a legitimate state interest.
C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written
determinations:
1.
The designated information is confidential and the agency chief procurement officer shall not disclose the
information except to those individuals deemed by the agency chief procurement officer to have a legitimate
state interest;
2.
The designated information is not confidential; or
3.
Additional information is required before a final confidentiality determination can be made.
D. If an agency chief procurement officer determines that information submitted is not confidential, a person who
made the submission shall be notified in writing. The notice shall include a time period for requesting a review of
the determination by the state procurement administrator.
E.
An agency chief procurement officer may release information designated as confidential under subsection (A) if:
1.
A request for review is not received by the state procurement administrator within the time period specified in
the notice; or
2.
The state procurement administrator, after review, makes a written determination that the designated
information is not confidential.
- - -
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22
Attachment 05 – Conformance Statements
If taking exceptions, the relevant subsequent pages titled “Attachment Supplements” must be completed.
Attach additional pages as needed.
STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.
READ ALL INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS. OFFERS WITH EXCEPTIONS MAY BE FOUND
NOT SUSCEPTIBLE FOR AWARD UNDER A.A.C. R2-7-C311 OR RECEIVE LOWER SCORES DURING EVALUATION.
IF NEITHER BOX IS CHECKED UNDER ANY SECTION BELOW, THE OFFEROR’S RESPONSE TO THAT SECTION WILL BE
CONSIDERED “YES” AND STATE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.
CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS
Check one of the following:
YES – Offeror acknowledges that it has read and understands the Special Instructions to Offerors and Uniform
Instructions to Offerors of the Solicitation Documents and attests that its Offer complies with both.
NO – Offeror acknowledges that it has read and understands the Instructions to Offerors in the Solicitation
Documents, and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment
Supplement – Conformance Statements - Exceptions to Instructions.
CONFORMANCE TO THE SCOPE OF WORK
Check one of the following:
YES – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing
Document of the Solicitation Documents and attests that its Offer complies with both.
NO – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing
Document of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions
listed in Attachment Supplement – Conformance Statements - Exceptions to Scope of Work.
CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS
Check one of the following:
YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform
Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests
that its Offer complies with all.
NO – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform
Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests
that its Offer complies with all EXCEPT FOR the exceptions listed in Attachment Supplement – Conformance
Statements - Exceptions to Contract Terms and Conditions.
Company name
Signature of person authorized to sign
Language Line Services, Inc.
Bonaventura A. Cavaliere
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22
Attachment Supplement 05 – Conformance Statements - Exceptions to Instructions
Article /
paragraph
or exhibit
reference
RFP language (Copy and paste from
Solicitation)
Alternate language and Rationale
Special Instructions to Offerors
4.2
Contractor’s
Best Pricing
4.2. Contractor’s Best Pricing. Contractor
warrants that, for the term of the Contract, the
prices and discounts set out in the APP Items (F)
tab OR Attachments titled Pricing, including any
subsequent agreed amendment to it (the
“Contract Pricing”), shall be equal to or better
than the lowest prices and largest discounts, both
separately and in combination, at which
Contractor sells equivalent services, items of
equipment, and materials.
4.2.1. That price-plus-discount equivalence
(“Contractor’s Best Pricing”) is intended to be
irrespective of whether or not those other sales
have special purchase terms, conditions, rebates,
or allowances. 4.2.2. If Contractor’s Best Pricing
for equivalent services, items of equipment, and
materials is better than the Contract Pricing, then
Contractor agrees to adjust the Contract Pricing
to match the Contractor’s Best Pricing for all
sales related to the Contractor made after the
date when the Contractor’s Best Pricing was first
better than the Contract Pricing. 4.2.3. For
clarification of intent, that date is intended to be
the date when the difference first occurred, which
might have been before the difference was first
identified. If the difference occurred before it was
identified, then Supplier agrees to charge less
than the Contract Pricing until the extended
difference that would have been realized (i.e. if
the Contractor’s Best Pricing had been applied
when it should have been) has been settled.
Exception: Strike section 4.2 in its entirety and
replace with the following language:
Contractor will provide the State with the lowest
pricing given to another comparable customer
that has the same or exceeding volume of annual
minutes, the same language mix, language
percentages, service level agreements, key
performance indicators, invoicing requirements
and such other factors as Contractor deems
relevant, and such adjustment to pricing if any will
be made on an annual basis.
Rationale: With over 30,000 customers, we must
limit this requirement to comparable customers in
your industry and the other requirements set forth
in our proposed alternate language.
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
pg. 30
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22
Uniform Instructions to Offerors
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
Company name
Signature of person authorized to sign
Language Line Services, Inc.
Bonaventura A. Cavaliere
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22
Attachment Supplement 05 – Conformance Statements -
Exceptions to Scope of Work
Article /
paragraph
or exhibit
reference
RFP language (Copy and paste from
Solicitation)
Alternate language and Rationale
Scope of Work
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
Company name
Signature of person authorized to sign
Language Line Services, Inc.
Bonaventura A. Cavaliere
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22
Attachment Supplement 05 – Conformance Statements - Exceptions to
Contract Terms and Conditions
Article /
paragraph
or exhibit
reference
RFP language (Copy and paste from
Solicitation)
Alternate language and Rationale
Special Terms and Conditions
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
Uniform Terms and Conditions
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
X
X
Alternate language: X
Rationale: X
Company name
Signature of person authorized to sign
Language Line Services, Inc.
Bonaventura A. Cavaliere
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Key Personnel | Revision No. 1 | Revised 11-22
Attachment 06 – Key Personnel
Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel
proposed to be involved in performing the Services. Insert or attach a separate resume as applicable, but any attached
resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel,
please utilize the same form for each additional Personnel by making copies of this page as needed.
1
Name: Krystopher Brightwell
Job title: Strategic Account Executive
Length of employment with the
company: 5 years
Length of time in current role: 5 years
Proposed percentage of overall time to
be dedicated to the Services: 100 %
If applicable, length of time in related experience with
large local, state or federal government agencies: 24 years
Proposed position with regard to the
Services: Primary point of contact and Account Manager.
Proposed primary responsibilities with
regard to the Services:
•
Developing relationships with key stakeholders to ensure the service provided by
LanguageLine meets and exceeds expectations.
•
Acting as the main point of contact for users to raise questions, concerns, or areas
of new interest.
•
Ensuring that all customer concerns are dealt with professionally, appropriately
and in a timely manner.
•
Monitoring management information to assess usage and performance.
•
Attending service reviews to discuss LanguageLine performance and new contract
objectives.
•
Ensuring that all customer communications are channeled to the correct
LanguageLine departments for timely action.
•
Coordinating and organizing formal and informal staff training.
Describe experience in performing
Services similar to those that are to be
assigned:
Krys is a seasoned sales executive with 20 years of experience leading sales and marketing
for global companies. As a Strategic Account Executive for LanguageLine, Krys is
responsible for driving innovation, growth, and providing top-notch customer service for
the company’s Government sector. He actively supports his clients by helping design
customized language access solutions to meet their global language needs. He keeps his
clients updated on the latest available services and recommends best practice language
access solutions in support of their growing multilingual customer base.
List job-related certifications, training,
and education:
Central Arizona College, Associate in Applied Science, Business – 2017
Air University-Community College of the Air Force, General Studies - 1990
Resume: filename
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Key Personnel | Revision No. 1 | Revised 11-22
Attachment 06 – Key Personnel
Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel
proposed to be involved in performing the Services. Insert or attach a separate resume as applicable, but any attached
resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel,
please utilize the same form for each additional Personnel by making copies of this page as needed.
2
Name: Joseph Varda
Job title: Business Development Manager, Translation Service
Length of employment with the
company: 6 years
Length of time in current role: 6 years
Proposed percentage of overall time to
be dedicated to the Services: 100 %
If applicable, length of time in related experience with
large local, state or federal government agencies: 17 years
Proposed position with regard to the
Services: Account Management support for Translation Services.
Proposed primary responsibilities with
regard to the Services:
•
Developing relationships with key stakeholders to ensure the service provided by
LanguageLine meets and exceeds expectations.
•
Acting as the point of contact for translation users to raise questions, concerns, or
areas of new interest.
•
Ensuring that all customer concerns are dealt with professionally, appropriately
and in a timely manner.
•
Monitoring management information to assess usage and performance.
•
Attending service reviews to discuss LanguageLine performance and new contract
objectives.
•
Ensuring that all customer communications are channeled to the correct
LanguageLine departments for timely action.
•
Coordinating and organizing formal and informal staff training.
Describe experience in performing
Services similar to those that are to be
assigned:
Joseph has over 11 years of experience in the translation and language services industry. He
has assisted hundreds of small, medium, and Fortune 1000 global companies within various
markets, such as information technology, eLearning, medical, legal, energy, manufacturing,
gaming, and automotive, efficiently and effectively manage their translation and
localization needs. Prior to joining LanguageLine, he held various positions, including
general manager, vice president of sales and director of sales for leading translation and
localization providers as well as global computer software, hardware, and services
companies.
List job-related certifications, training,
and education: Bachelor of Science degree from the University of Phoenix
Resume: filename
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Key Personnel | Revision No. 1 | Revised 11-22
Attachment 06 – Key Personnel
Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel
proposed to be involved in performing the Services. Insert or attach a separate resume as applicable, but any attached
resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel,
please utilize the same form for each additional Personnel by making copies of this page as needed.
3
Name: Jim Pfeiffer
Job title: Regional Vice President, Onsite Interpreting
Length of employment with the
company: 10 years
Length of time in current role: 10 years
Proposed percentage of overall time to
be dedicated to the Services: 100 %
If applicable, length of time in related experience with
large local, state or federal government agencies: 24 years
Proposed position with regard to the
Services: Account Management support for Onsite Services.
Proposed primary responsibilities with
regard to the Services:
•
Developing relationships with key stakeholders to ensure the service provided by
LanguageLine meets and exceeds expectations.
•
Acting as the point of contact for onsite interpretation users to raise questions,
concerns, or areas of new interest.
•
Ensuring that all customer concerns are dealt with professionally, appropriately
and in a timely manner.
•
Monitoring management information to assess usage and performance.
•
Attending service reviews to discuss LanguageLine performance and new contract
objectives.
•
Ensuring that all customer communications are channeled to the correct
LanguageLine departments for timely action.
•
Coordinating and organizing formal and informal staff training.
Describe experience in performing
Services similar to those that are to be
assigned:
Jim is the senior liaison to the Onsite Interpreting Services Division, providing experienced
oversight and assistance in determining and executing strategic objectives. He develops
relationships with key stakeholders to ensure Onsite services meet and exceed expectations.
By acting as the primary contact for Onsite division, he ensures that all customer
communications are channeled correctly for timely action. Jim has been in executive sales
management in the language services industry for more than 15 years.
List job-related certifications, training,
and education: Bachelor’s Degree from the University of North Carolina-Charlotte
Resume: filename
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Key Personnel | Revision No. 1 | Revised 11-22
Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel
proposed to be involved in performing the Services. Insert or attach a separate resume as applicable, but any attached
resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel,
please utilize the same form for each additional Personnel by making copies of this page as needed.
3
Name: Frank Masin
Job title: Vice President, Government Services
Length of employment with the
company: 23 years
Length of time in current role: 22 years
Proposed percentage of overall time to
be dedicated to the Services: 100 %
If applicable, length of time in related experience with
large local, state or federal government agencies: 23 years
Proposed position with regard to the
Services: Senior level support.
Proposed primary responsibilities with
regard to the Services:
Frank is Krys’ senior level support and can leverage the executive management within our
company for any situations with the State that call for high-level involvement. Frank is the
bridge between LanguageLine, LanguageLine’s Leadership, the Account Executive and the
State. As a part of this role, he manages expectations and provides solutions, and when
required, meets with the State and Account Executives. In addition to providing senior level
support to you, Frank ensures his team meets Monthly, Quarterly and Annual
commitments. He provides ongoing support, training, and coaching for the sales teams.
Additionally, Frank is responsible for negotiating large contracts, including contracts with
the State, and provides necessary updates to Senior Leadership.
Describe experience in performing
Services similar to those that are to be
assigned:
As Vice President of LanguageLine Solutions' Government Group, Frank has overall
responsibility for the company's Federal, State and Local government sales and support.
Frank has 25 years of leading sales and sales management experience working for Fortune
500 companies such as Aegon, AT&T and NCR.
List job-related certifications, training,
and education:
MBA from the University of Baltimore and a BS in Marketing from the University of
Maryland
Resume: filename
Willis Towers Watson Northeast, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
Language Line Solutions, Inc.
attn: Turie Cavaliere
One Lower Ragsdale Drive
Building 2
Monterey, CA 93940
Professional Liability coverage includes coverage for contingent bodily injury, property damage and wrongful acts such
as the disclosure of confidential information. Coverage is true worldwide.
SEE ATTACHED
Sample
05/31/2022
1-877-945-7378
1-888-467-2378
certificates@willis.com
Great Northern Insurance Company
20303
Federal Insurance Company
Vigilant Insurance Company
20281
20397
Westchester Surplus Lines Insurance Compan
10172
Endurance American Specialty Insurance Com
41718
ACE American Insurance Company
22667
W24946407
A
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
3595-61-78
06/01/2022 06/01/2023
B
1,000,000
06/01/2023
06/01/2022
(22)7357-61-09
B
5,000,000
7987-71-21
06/01/2022 06/01/2023
5,000,000
(23) 7174-35-69
C
1,000,000
06/01/2022 06/01/2023
1,000,000
1,000,000
D
Errors & Omissions
Each Claim
G21654711 020
06/01/2022 06/01/2023
Aggregate
Retention
2544225
22634270
SR ID:
BATCH:
$100,000
$10,000,000
$10,000,000
Willis Towers Watson Certificate Center
Page 1 of 2
Language Line Solutions, Inc.
attn: Turie Cavaliere
One Lower Ragsdale Drive
Building 2
Monterey, CA 93940
INSURER AFFORDING COVERAGE: Endurance American Specialty Insurance Company NAIC#: 41718
POLICY NUMBER: MCX30007143201 EFF DATE: 06/01/2022 EXP DATE: 06/01/2023
TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Excess Errors & Omissions $5,000,000 xs of $10,000,000
ADDITIONAL REMARKS:
Excess E&O: Excess policy is following form coverage.
INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667
POLICY NUMBER: F1518095A 003 EFF DATE: 06/01/2022 EXP DATE: 06/01/2023
TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Cyber Security Liability Limit: $5,000,000
2
2
Willis Towers Watson Northeast, Inc.
See Page 1
See Page 1
See Page 1
See Page 1
25
Certificate of Liability Insurance
W24946407
CERT:
2544225
BATCH:
22634270
SR ID:
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Organization Profile | Revision No. 1 | Revised 11-22
Attachment 08 – Organization Profile
Organization name: Language Line Services, Inc.
Year established: 1982
Principal address
(street, city, state, ZIP):
1 Lower Ragsdale Dr. Building 2, Monterey, CA 93940
Branch or division:N/A
Parent company or
owner:
LanguageLine LLC
Years of experience providing Materials or Services similar in type and quantity as required by this Solicitation: 41 years
Years of experience performing Services similar in size and scope as required by this Solicitation: 41 years
Years the organization has conducted business in Arizona: 10 years
Contract Representatives
Name
Title
Phone number
Email address
1. Krystopher Brightwell
Strategic Account Executive
(831) 521-4871
kbrightwell@languageline.com
2. Frank Masin
Regional Vice President, Government (443) 350-7993
fmasin@languageline.com
3. X
X
X
X
Licenses/Certifications
Description
Issuer
Number
Expiration
4. ISO 9001:2015
Orion Registrar, Inc.
1020360
10/24/2023
5. ISO 9001:2015
Orion Registrar, Inc.
1025934
11/14/2025
6. ISO 17100:2015-05
Austrian Standards
Nr. S 000824
2/01/2024
7. ISO 9001:2015
Orion Registrar, Inc.
1026017
12/14/2025
8. X
X
X
X
Financial Information (attach financial statements with income/balance sheets as Supplements)
Rating/Issuer
Score/Rank
Date
9. S&P Global
BBB
11/22/21
10. X
X
X
Capacity
Location
Work performed
Number of staff
Capacity
11. AZ DES Family Assistance
OPI
41,101
Scalable
12. 911 City of Phoenix Police Dept
OPI
40,766
Scalable
13. AZ Dept of Child Safety Region 10
OPI
2,695
Scalable
Counties Organization will proved On-Site Interpretation Services to (Check all that apply)
☐ Apache ☐ La Paz ☒ Santa Cruz
☐ Cochise ☐ Navajo ☒ Yavapai
☒ Coconino ☒ Maricopa ☐ Yuma
☐ Gila ☐ Mohave (AZ Strip)
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Organization Profile | Revision No. 1 | Revised 11-22
☐ Graham ☒ Pima
☐ Greenlee ☒ Pinal
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Proposed Subcontractors | Revision No. 1 | Revised 11-22
Attachment 09 – Proposed Subcontractors
Contractor Name: [Language Line Services, Inc.]
Check “NO” if you WILL NOT subcontract any portion of the Work and will therefore be performing all of the Work with your own
personnel.
x
NO, the Offeror will not subcontract any portion of the Work.
If you WILL subcontract any portion of the Work, check “YES” below and list the name(s) of persons or companies you propose to use
as Subcontractors.
1.
Fill in the information for each significant Subcontractor – indicate the type of work the Subcontractor will perform under the
Contract and their approximate percentage of the total Contract work;
2.
Provide copies of relevant certifications each person or firm possesses attached to this form; AND
3.
Provide a description of quality assurance (QA) and quality control (QC) measures that you will use to ensure that
Subcontractor’s work meets the Contract requirements.
State may demand additional information about proposed Subcontractors as a precondition of Award.
☐
YES, the Offeror will use the Subcontractors listed below:
No.
Name and contact information
Small
business
Work to be performed and QA/QC measures
%
1.
[Name]
[Contact information]
Yes
or
No
[Work to be performed]
[QA/QC measures]
X
2.
[Name]
[Contact information]
Yes
or
No
[Work to be performed]
[QA/QC measures]
X
3.
[Name]
[Contact information]
Yes
or
No
[Work to be performed]
[QA/QC measures]
X
4.
[Name]
[Contact information]
Yes
or
No
[Work to be performed]
[QA/QC measures]
X
5.
[Name]
[Contact information]
Yes
or
No
[Work to be performed]
[QA/QC measures]
X
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
Attachment 10 – Experience and Capacity Response
THE STATE MAY DETERMINE YOUR PROPOSAL NON-RESPONSIVE IF YOU DO NOT FULLY RESPOND.
The Offeror shall provide a narrative response to each section that demonstrates their understanding of the Scope of Work
requirements and describes the company’s overall experience and capacity in providing the Services stated in this
Solicitation. If there is a section that is not applicable to the Services required by the Scope of Work, you may mark it “N/A”.
Offeror shall provide a response either after each section or in a separate document entitled: “Attachment -
Experience and Capacity Response.” If a separate document is used, please clearly designate each section and
double-check to ensure that each question has been answered. If any information provided is considered
CONFIDENTIAL by Offeror, the information must be specifically included in the Confidential Information
Designation Attachment and related documentation to be assessed for confidential treatment under A.A.C. R2-7-
103.
1.0 Company Profile. The Offeror must include a narrative description of its organization. The narrative must include the
following:
1.1
Brief overview of business operations, with an emphasis on experience in regards to the Scope of Work;
1.2
Location in which the Offeror is incorporated;
1.3
Address of “Main Office” (e.g. Corporate Headquarters and any satellite offices responsible for performance of
proposed tasks;
1.4
Offeror's organizational chart relevant to the Contract, specifically identifying the key point of contact for all
questions related to the submitted Offer;
1.5
Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or
has responsibilities in the review or approval of the undertaking or carrying out of the Contract;
1.6
A Statement of whether, in the last five (5) years, the Offeror has filed (or had filed against it) any bankruptcy or
insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or
assignee for the benefit of creditors, and if so, an explanation providing relevant details and current status;
1.7
A Statement of whether there are any pending Securities Exchange Commission investigations involving the
Offeror, and if such are pending or in progress, an explanation providing relevant details and an attached opinion
of counsel as to whether the pending investigation(s) may impair the Offeror’s performance in a Contract under
this Solicitation;
1.8
A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or
party in any litigation that may have a material impact on Offeror’s ability to deliver the contracted Services;
1.9
A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or
party in any litigation with a public sector client;
1.10
Full disclosure of any public sector contracts terminated for cause or convenience in the past five (5) years;
1.11
Full disclosure of any criminal or civil offense;
1.12
Offeror shall provide evidence of any Arizona required business license to provide these Services; AND
1.13
Offeror shall provide copies of any professional or industry certifications that represent the Services detailed in
this Solicitation.
Offeror Response:
1.1) Brief overview of business operations, with an emphasis on experience in regards to the Scope of Work
For over 41 years, LanguageLine Solutions (LanguageLine) has been providing language access services for Limited English Proficient (LEP), Deaf,
and Hard-of-Hearing population. Our roots can be traced back to a volunteer venture that began in San Jose, California in 1982. Today we support
30,000 customers’ needs worldwide through our lines of business, which include over-the-phone interpreting, video remote interpreting, onsite
interpreting, translation, localization, and interpreter testing and training services. We provide language support in more than 240 spoken languages
as well as various sign languages. We serve nearly every industry, including all levels and agencies of the government, education (7,000 school
districts nationally), financial services and banks, healthcare and hospitals, insurance, consumer and retail, and travel.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
To illustrate our experience and capacity, below are a few examples of our interpretation and translation metrics that we have supported our
customers with, which include:
•
On-Demand Availability: Our platform availability exceeds 99.99%.
•
Video Remote Interpretation: We support 5 million VRI calls. 96% of video interpreting requests are fulfilled by video interpreters
(the highest percentage that has been verified in the market; most other video interpretation providers can only offer a 50-60%
fulfilment rate). In case a video interpreter is unavailable, or the request is made after-hours, a video call will roll over seamlessly to
one of our over 20,000 audio interpreters who are available 24/7.
•
Over-the-Phone Interpretation: Annually, we support 54 million OPI calls with an average connect time of 11.9 seconds for all
languages.
•
Onsite Interpretation: LanguageLine’s Onsite interpreting enjoyed a 96% interpreter assignment fill rate across over 139,000 requests
a year.
•
Translation: Over 117 million words translated annually with an achievement of 99.97% translation accuracy and 99.45% on-time
delivery rates against the demanding standards we set to maintain our ISO 17100 certification.
•
Testing and Training: LanguageLine has conducted nearly 11,900 sessions, which includes testing, training, and quality assessments
in 2022.
1.2) Location in which the Offeror is incorporated
LanguageLine Solutions was incorporated in Delaware.
1.3) Address of “Main Office” (e.g. Corporate Headquarters and any satellite offices responsible for performance of proposed tasks
Corporate Headquarters: 1 Lower Ragsdale Drive, Building 2, Monterey, California 93940
Translation Office: 5115 SW Sequoia Pkwy, Portland, OR 97224
1.4) Offeror's organizational chart relevant to the Contract, specifically identifying the key point of contact for all questions related to the
submitted Offer
Please see the following page for our organizational chat.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
1.5) Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or has responsibilities in
the review or approval of the undertaking or carrying out of the Contract
LanguageLine does not have any conflict of interest with any State Employee who functions or has responsibilities in the review or approval of the
undertaking or carrying out of the Contract.
1.6) A Statement of whether, in the last five (5) years, the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding,
whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an
explanation providing relevant details and current status
LanguageLine has not.
1.7) A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror, and if such are
pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending
investigation(s) may impair the Offeror’s performance in a Contract under this Solicitation
No.
1.8) A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation
that may have a material impact on Offeror’s ability to deliver the contracted Services.
LanguageLine is not a part of any open or pending litigation that would have a material impact on our ability to provide services.
1.9) A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation
with a public sector client
LanguageLine does not have open or pending litigations with a public sector client.
1.10) Full disclosure of any public sector contracts terminated for cause or convenience in the past five (5) years
LanguageLine does not have any public sector contracts that have been terminated for cause or convenience in the last 5 years.
1.11) Full disclosure of any criminal or civil offense
None.
1.12) Offeror shall provide evidence of any Arizona required business license to provide these Services
Please see our Certificate of Good Standing with the State of Arizona, which is included at the end of Attachment 10.
1.13) Offeror shall provide copies of any professional or industry certifications that represent the Services detailed in this Solicitation.
Licenses
Other than a license to do business, there are no licenses required to provide language access services.
Corporate Certifications
LanguageLine possesses the following certifications:
ISO Certifications:
ISO ensures we maintain focus on our internal processes and encourages us to offer continuous improvement for our operations, highlighting our
dedication to delivering the best possible services to our customers now and in the future.
LanguageLine’s Translation & Localization division:
•
ISO 9001:2015 - international standard that specifies the requirements for a quality management system.
•
ISO 17100:2015 - specifies requirements for all aspects of the translation process affecting the quality and delivery of translation
services.
•
ISO 18587:2017 - provides requirements for the process of full, human post-editing of machine translation output and post-editors’
competences.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
Onsite Interpreting division:
•
ISO 9001:2015 - international standard that specifies the requirements for a quality management system.
ASTM International:
ASTM International defines over 12,000 standards used all over the world to improve product quality, enhance health and safety, and let customers
know they can count on products. LanguageLine is the only language service provider to be certified for the following:
•
ASTM F3130-18 Standard Practice for Language Service Companies
•
ASTM F2089-15 Standard Practice for Language Interpreting for our phone and video interpretation services
2.0 Company Experience
2.1
What market(s) are your current clients primarily in?
2.2
What experience do you have serving clients in business markets within the State of Arizona?
2.3
What is the range in size of your current clients?
2.4
Provide two (2) examples that exhibit your experience with Materials or Services for clients relevant to the Scope
of Work? Provide supporting documentation as a separate attachment and title the document: “Attachment -
Company Experience”.
2.5
In the last five (5) years, did any of your clients cancel their contracts with your company? If “yes”, why? Please
provide as much detail as possible.
2.6
With what relevant trade and/or professional associations are you involved? How does this participation give you
an advantage over your competition?
Offeror Response:
2.1) What market(s) are your current clients primarily in?
Today we are the world leader in language access, supporting over 30,000 clients and handling more than 59 million interactions each year. We serve
nearly every industry, including financial services and banks, all levels and agencies of the government, education, healthcare and hospitals,
insurance, consumer and retail, and travel.
2.2) What experience do you have serving clients in business markets within the State of Arizona?
LanguageLine’s experience providing language access services to federal, state, and local governments is unrivaled. No other language service
provider supports as many government entities as we do. In addition to being a trusted partner to the State of Arizona, our loyal clients also include
the States of New York, Florida, Texas, California, Minnesota, Wisconsin, and Oregon. We are also the primary translation partner for Cities of New
York, Chicago, and San Francisco.
LanguageLine has provided language access services to the State of Arizona since 2013. In 2022, LanguageLine provided 2,369,441 minutes of
over-the-phone interpretation services in over 118 languages.
LanguageLine has also provided written translation services to numerous agencies and departments under the State of Arizona’s purchasing
cooperative.
2.3) What is the range in size of your current clients?
We serve nearly every industry ranging in all sizes, including financial services and banks, all levels and agencies of the government, education,
healthcare and hospitals, insurance, consumer and retail, and travel. Many of our clients ae Fortune 100 companies. The Fortune 100 includes a
breakdown by general industry categories. Within these categories, LanguageLine supports:
•
94% of Healthcare companies in Fortune 100
•
80% of Financial companies in Fortune 100
•
91% of Technology companies in Fortune 100
•
100% of Telecommunication companies in Fortune 100
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
•
100% of Food and Drug stores in Fortune 100
•
100% of Aerospace and Defense companies in Fortune 100
We currently serve over 10,000 healthcare and medical industry customers, which includes 18 of the 20 Best Hospitals on the U.S. News & World
Report and 7 of the 10 Best Children’s Hospitals.
2.4) Provide two (2) examples that exhibit your experience with Materials or Services for clients relevant to the Scope of Work? Provide
supporting documentation as a separate attachment and title the document: “Attachment - Company Experience”.
LanguageLine has over three decades of extensive corporate experience delivering on-demand language access solutions to local, state, and federal
government offices, medical clinics, insurance companies, hospitals, courts and more. We leverage this experience to ensure we are offering our
customers the best support with highly qualified interpreters and translators, implementation services, ongoing training and compliance support. Our
partnership with thousands of government agencies at the Federal, state, county and municipal levels across North America, provides vital language
access to public service areas including:
•
Social services - public information, benefit administration, community hotlines, WIC
•
Health departments - complete range of medical and health services
•
Public healthcare facilities - hospitals and clinics
•
3-1-1 services - supporting the largest 311 centers in the United States (including New York, Los Angeles, Chicago, and San Francisco)
•
2-1-1 services - with referrals and information to social services
•
Protective services agencies - services supporting children, women and the elderly
•
Regulatory agencies - housing, environmental, labor
•
Employment services - training, benefit administration, etc.
•
Courts and justice system - information, arraignments, hearings, etc.
•
Correctional facilities - basic communication, health, legal
•
Education – K–12 communication with parents, community outreach
•
Tele-servicing firms with government contracts
•
Public safety- supporting 911/emergency dispatch for police, fire and ambulance, as well as non-emergency/routine law enforcement
needs.
•
Disaster relief- supporting disaster planning and communication during and following major events
•
State health insurance exchanges
In addition to working directly with government agencies, LanguageLine also supports companies that serve the government through service
contracts and customer service applications. Typically, these support large government programs and provide the efficiencies of a centralized
interpretation center.
The following case studies are examples of our experience providing similar services to our clients:
New York State Education Department
LanguageLine has provided written translation services for the New York State Education Department (NYSED) since 2013. To date, LanguageLine
has successfully translated more than 3 million words, in 6 unique languages. Translation projects have consisted of math learning modules including
weekly lessons, assessments, and overview of Geometry, Algebra, and Calculus.
In addition to the standard translation workflow, NYSED required LanguageLine to incorporate an iterative review process with NYSED staff after
the translation had been completed.
To accomplish the tasks required by NYSED and meet their needs for additional reviews, LanguageLine developed a unique workflow to incorporate
client changes to the translated material. After LanguageLine completed translation, copyediting, proofreading, formatting and QA review, NYSED
worked with LanguageLine to incorporate stylistic changes. Additionally, we assigned a dedicated team of highly qualified and skilled linguists to
perform the activities under this contract. The execution of each translation project was completed by a team of localization professionals focused on
translation, editing, quality assurance, and formatting. Additionally, as an ISO-certified business, LanguageLine completed all translations and
deliveries in accordance with ISO standards and requirements.
Performance Outcomes:
•
Total number of words translated: 3 million
•
On-Time Delivery: 100%
•
Zero Reported Errors
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
City of Chicago 911 Services
For Chicago’s 911 call takers, taking calls from non-English Limited English Proficiency (LEP) resulted in long call times and the call taker grappled
to understand one another. Long call times with inadequate linguistic support causes a risk of miscommunication or escalation of the emergency
situation before an appropriate responder arrives. That is why reliable, accurate, and rapid communication in the appropriate target language of the
caller is essential to public safety agencies and 911 services.
In an effort to help improve the process for taking 911 calls from LEP residents, LanguageLine listened to the City’s concerns and desires for an
interpretation provider and proposed the combination of a unique toll-free number to identify 911 calls from the city as well as a customized
language prompt so that a caller could access an interpreter quickly. LanguageLine initially set up 6 languages for the City with silent prompts, so the
call taker could immediately select the target language and then the call would be processed quickly. This new call flow facilitated faster connect
times to the interpreter and helped ensure that the police could respond to the emergency more quickly, accurately, and effectively. Today,
LanguageLine connects the LEP residents of Chicago to the police department in over 60 languages.
LanguageLine was founded by a police officer. Therefore, we deeply understand the importance and urgency involved in delivering accurate, reliable
interpretation services to LEP communities, especially during times of emergency. We have eliminated language barriers between the caller and call
taker, shortened the response time, and ensured proper communication so that Chicago’s emergency personnel can focus on what they do best
without worrying about language barriers. Thanks to LanguageLine, Chicago can now respond efficiently and appropriately to each emergency call,
regardless of language.
2.5) In the last five (5) years, did any of your clients cancel their contracts with your company? If “yes”, why? Please provide as much detail
as possible.
Yes. In the last 5 years, we ended our contract with California Governor’s Office of Emergency Services due to the RFP being awarded to a lower
cost provider.
2.6) With what relevant trade and/or professional associations are you involved? How does this participation give you an advantage over
your competition?
LanguageLine is associated with many organizations related to the language access industry and the industries we serve. As active participants, we
offer training and webinars, act as presenters at conferences, and provide targeted support on online forums through these organizations. Being a part
of the organizations below enables us to support other organizations as well as continuously grow as the language access industry continues to
evolve, which is the reason why today we support over 30,000 clients with a retention rate of 98%.
• Acuity
• American Hospital Association (AHA)
• American Organization of Nurse Executives
• American Telemedicine Association
• American Translators Association (ATA)
• Association for Corporate Growth (ACG)
• Association of Language Companies (ALC)
• Association of Public Safety Communication Officials International (APCO)
• Beryl Institute
• Blue Cross Blue Shield Association
• CA Association of Health Plans
• California Healthcare Interpreting Association (CHIA)
• Certification Commission for Healthcare Interpreters (CCHI)
• Coalition of Practicing Translators and Interpreters of California (CoPTIC)
• Common Sense Advisory (CSA)
• Commonwealth Purchasing Group
• Globalization and Localization Association (GALA)
• Greater NY Hospital Association (GNYHA)
• HANYS Solutions
• Joint National Committee for Languages (JNCL)
• Kentucky Hospital Association
• Massachusetts Medical Interpreter Training
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
• National Board of Certification for Medical Interpreters (NBCMI)
• National Council on Interpreting in Health Care (NCIHC)
• National Council for Languages and International Studies (NCLIS)
• National Emergency Number Association (NENA)
• OMNIA Partners Public Sector (formerly National IPA)
• Oregon Health Care Interpreters Association (OHCIA)
• Texas Association of Healthcare Interpreters and Translators (TAHIT)
• The Resource Group
• Vizient
3.0 Offered Languages
Offeror shall submit a summary list of languages offered, under Attachment 14, and the number of interpreters/translators
available to offer each language. Attach additional pages if necessary.
Offeror Response:
LanguageLine confirms.
4.0 Certificates/Licenses
Submit copies of all applicable certificates and licenses that support Offeror’s ability to provide the proposed Materials or
Services. At a minimum, this shall include all certifications and licenses referenced in the Solicitation Attachment -
Organization Profile.
Offeror Response:
Licenses
Other than a license to do business, there are no licenses required to provide language access services.
Corporate Certifications
LanguageLine possesses the following certifications:
ISO Certifications:
ISO ensures we maintain focus on our internal processes and encourages us to offer continuous improvement for our operations, highlighting our
dedication to delivering the best possible services to our customers now and in the future.
LanguageLine’s Translation & Localization division:
•
ISO 9001:2015 - international standard that specifies the requirements for a quality management system.
•
ISO 17100:2015 - specifies requirements for all aspects of the translation process affecting the quality and delivery of translation services.
•
ISO 18587:2017 - provides requirements for the process of full, human post-editing of machine translation output and post-editors’
competences.
Onsite Interpreting division:
•
ISO 9001:2015 - international standard that specifies the requirements for a quality management system.
ASTM International:
ASTM International defines over 12,000 standards used all over the world to improve product quality, enhance health and safety, and let customers
know they can count on products. LanguageLine is the only language service provider to be certified for the following:
•
ASTM F3130-18 Standard Practice for Language Service Companies
•
ASTM F2089-15 Standard Practice for Language Interpreting for our phone and video interpretation services
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22
5.0 Financial/Accounting Information
Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the relevant
Materials or Services throughout the term of the Contract. The latest two (2) years audited annual financial statements
including total revenue, net income, and total assets must be submitted with the Offeror’s proposal. If audited financial
data is unavailable, explain in full, the reason and provide the latest non-audited financial information including but not
limited to balance sheet, income statement, as well as statements of cash flows, and change in financial position. Include
information to attest to the accuracy of the information provided.
Offeror shall provide information regarding any irregularities that were discovered in any accounts maintained by the
Offeror on behalf of others. Describe the circumstances and disposition of the irregularities.
Offeror Response:
LanguageLine Solutions is part of the Teleperformance family of companies. Per the direction of our parent company, which is listed on the Paris
Stock Exchange (Euronext Paris), audited reports and financial information about our organization may be found at:
https://www.teleperformance.com/en-us/investors/publications-and-events/financial-publications/
Due to the large size of our financial reports, please refer to the link provided above for all audited financial reports for the last two years.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – References | Revision No. 1 | Revised 11-22
Attachment 11 – References
State intends to conduct reference checks for accounts referenced provided by Offerors. It may, at its sole discretion, contact
additional clients not presented as references, including internal state clients. Offerors shall provide at least three (3) client
references for assignments that replicate or mirror the requirements of this Solicitation. At least one (1) of the projects referenced must
be related to public sector work. All references shall be for work received and completed within the last five (5) years.
1
Client company/Address
Contact
Begin date
End date
Arizona Department of Child Safety – 3003 N. Central Ave.
Phoenix, AZ 85012
Jesse Atoigue
7/12/2001
present
Phone number
Email address
602-255-2865
Jesse.atoigue@azdcs.gov
Summarize the scope and deliverables provided, including timeline and outcome.
Providing telephonic, video remote and onsite (in-person) interpretation as well as written document translation
since 2001.
List key Materials or Services provided.
Over-the-Phone Interpretation, Video Remote Interpretation, Onsite, Document Translation
2
Client company/Address
Contact
Begin date
End date
Arizona Division of Child Support Services - 1789 W
Jefferson St
Phoenix AZ, 85007
Karen Boyce
12/12/2018
Present
Phone number
Email address
(602) 542-4536
kboyce@azdes.gov.
Summarize the scope and deliverables provided, including timeline and outcome.
Providing telephonic, video remote and onsite (in-person) interpretation as well as written document translation
since 2018.
List key Materials or Services provided.
Over-the-Phone Interpretation, Video Remote Interpretation, Onsite, Document Translation
3
Client company/Address
Contact
Begin date
End date
Arizona Department of Economic Services - 8620 N
22nd Avenue. Phoenix AZ, 85021
Christina Weber
10/23/2003 Present
Phone number
Email address
(602) 774-5571
christinaweber@azdes.gov
Summarize the scope and deliverables provided, including timeline and outcome.
Providing OPI support for FAA call center since 2003.
List key Materials or Services provided.
Over-the-Phone Interpretation
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Attachment 12
Method of Approach
The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories
and that the State of Arizona is under no obligation to solicit such information if it is not included with the offeror's proposal.
Failure of the offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's proposal.
It is strongly discouraged for you to copy the Scope of Work in lieu of providing unique responses below.
OFFER MAY BE DETERMINED AS NON-RESPONSIVE IF ALL QUESTIONS ARE NOT ANSWERED FULLY.
Question 1:
Method of Approach
Provide a written narrative response that describes how you will provide the Specific Requirements as listed
in the Scope of Work. The language of the narrative should be straightforward and limited to facts, solutions
to problems, and plans of proposed action. The response shall at minimum describe and provide a
response for each of the following bullet points listed below:
a. How do you plan to provide the service?
b. What are your processes for providing these services?
Offeror Response:
LanguageLine will also provide a dedicated account management team that will be there to support your
language needs, setting up your account, implementing your modalities, and maintain a hands-on approach
to ensure that you are always receiving the best language access services. In addition to a complimentary
dedicated account management staff, we also include a customer service representative and an
implementation team that will be dedicated in supporting the State throughout the life of your contract with
LanguageLine for no additional charge.
STEP 1: MEETING WITH THE STATE
The first step is to assess the current language services program and set objectives. Your account
executive and our implementation team will meet with key facility staff via phone. The purpose of the
meeting is to learn about the current language services program at the different facilities and then to set the
objectives and expectations for the implementation process, including end-user training.
Different language access modes have different setup requirements. Our product teams will use this
meeting to establish and understand service-specific needs and information with the State.
STEP 2: LANGUAGE ACCESS NEEDS ASSESSMENT FOR THE STATE
LanguageLine will conduct a live or virtual walkthrough at the State to gain a better understanding of the
language services in place. The team visits all areas that use language services and surveys rooms. The
implementation team notes available equipment and identifies gaps in equipment and language training
support materials. For video interpreting services in particular, our implementation team focuses on ways to
leverage existing video equipment to access services and/or identify areas that need additional video and
OPI equipment. The implementation team will identify onsite needs by location per language. This process
will determine what additional resources are needed, if any, for language coverage.
STEP 3: DRAFT CUSTOMIZED IMPLEMENTATION PLAN
After the visit, the implementation team drafts a plan with specific recommendations for your facilities. The
State will review the plan, offer comments, and provide buy-in. The plan includes a timetable for installation
of equipment, staff training on how to use equipment and access language services, as well as staff training
on when to use which language service.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
For video services, the team drafts an implementation plan with the specific recommendations for the facility
and submits it via e-mail to the facility key stakeholder and/or champion for review, comments, and
approval. Specific objectives include:
•
Define the call routing requirements and schedule
•
Determine ASL and spoken language needs over video interpreting
•
Define call routing during off hours
•
Define and create visual content and audio track for the call hold screens
•
Deploy video interpreting software and accounts to the hospital’s video devices and setup of
hospital Wi-Fi access
STEP 4: IMPLEMENTATION AND TRAINING
Our teams will go on site to implement services within 3 weeks of receiving approval of the implementation
plan by the State.
The implementation team will go onsite for 2 to 3 days at each facility, depending on the size, to deploy
equipment such as 1Solution dual handset phones and our mobile video interpreting product, Interpreter on
Wheels, track equipment location, conduct in-services, track the number of people trained, and distribute
support tools and materials on how to access language access services.
End User Training
The implementation team will work with the facility champion, who is the main contact person, and staff
educator to coordinate all training needs for language access. Our implementation staff will make
adjustments, if desired, so the training plan follows all facility protocols. The training content may be drafted
with the champion to include any specific topic the champion would like to cover during the training process.
Training on Language Services:
•
How to identify the preferred language of the LEP to provide the appropriate language support and
maintain compliance with regulatory requirements
•
How to work effectively with a professional interpreter to ensure good communication
•
Any facility-specific policy that is important for staff to know the client requests
•
In-depth training for Director of Interpreting and related staff
•
Train the trainer classes for ongoing support
Training on How to Access Services:
•
How to access LanguageLine Solutions over-the-phone interpreters
•
Best practices for how to schedule an onsite interpreter
•
Training on online portal access to review historical, current, and future assignment requests for
onsite interpreting services
•
Best practices on how to submit a document or project for translation
•
Best practices for scheduling testing or training services for bilingual employees
•
Introduction and training of medical staff on video interpreting software and using it on video-
enabled device(s).
STEP 5: POST-IMPLEMENTATION REPORT
One week after the implementation process at the State, LanguageLine’s implementation team will submit a
post-implementation report to the facility champion. This report contains detailed information about the
results for each location. The document serves as proof of the steps taken by the State to comply with
regulatory requirements.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
SUPPORT MATERIALS
We provide complimentary support materials to educate your staff on how to properly utilize our services.
Language Identification and Awareness Tools
Language ID Guide - This is a brochure that contains the
translation into 99 languages of the statement, “Point to
your language. An interpreter will be called. The
interpreter is provided at no cost to you.” Also available
as a flat laminated card, this tool aids end users in
identifying the preferred language of the limited English
proficient individuals they are assisting. The languages
are grouped by geographical region of the world where
they are most commonly spoken. The English equivalent
is also listed so that staff can identify the correct
language.
Language ID Poster and Desktop Display - They contain a translation into
20 languages of the statement, “Point to your language. An interpreter will
be called. The interpreter is provided at no cost to you.” The purpose of both
of these tools is to alert limited English proficient individuals about the
availability of Interpreter Services at your organization and to aid end users
in identifying the preferred language of the limited English proficient individuals they are assisting. These
tools are available as an 18” x 24” poster and an 8 ½” x 11” self-standing display.
Interpreter Access Tools
Quick Reference Guides (QRG) – A variety of tools for easy reference that contain instructions specific to
your organization on how to access an interpreter.
QRG Postcard –This postcard can be kept near a phone or computer or posted on a bulletin board or in
other key areas. (4” x 6” card)
QRG Wallet Card –This card can be kept in a wallet or slipped inside an ID pouch. (Business card size)
QRG Flyer –This is available electronically to allow
for the options to distribute via e-mail or as a hard
copy to post on bulletin boards or in other key areas.
(Electronic version of an 8 ½” x 11” sheet)
QRG Badge –This durable plastic card with a slot
can be attached to an ID badge so it’s always
handy. It can hang either vertically or horizontally. (A
3 3/8” x 2 1/8”)
QRG Label - This label can be placed on or near
phones, on the back of an ID Badge, or in other key
areas. (A 1 1/4” x 2 5/8” vinyl label)
Account Support
An important factor in LanguageLine’s success is that we view our clients as partners rather than
customers. Every step of the way, LanguageLine will be there to support your language needs, setting up
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
your personal account, implementing your modalities, and maintaining a hands-on approach to ensure that
you are always receiving the best language access services.
DEDICATED ACCOUNT MANAGER
LanguageLine will provide a day-to-day dedicated Account Manager, Krys Brightwell, who will serve as your
primary point of contact and be responsive to your needs by replying to all emails and requests in a timely
fashion. We believe account support means more than just the basics. Every customer account also
receives a dedicated Customer Service Representative to handle standard account functions such as
reporting, billing, account set up, account and user charge, and basic troubleshooting.
24/7 CUSTOMER SUPPORT
LanguageLine’s customer service department is accessible through a toll-free number 24/7. The
department responds to questions related to account maintenance, support tools, billing issues, technical
questions, and basic product information. Whenever the State wishes to order more language identification
tools and training materials, the customer service department will process this request.
TECHNICAL SUPPORT
We also offer 24/7 technical support by toll-free number. Incident management has three levels of severity,
which range from P1 (high), P2 (medium), and P3 (low). The resolution time frame is between 4 and 72
hours, depending on the severity of the issue. By tracking all technical issues, LanguageLine found the
most common technical issue is connectivity, so we developed an in-app network diagnostic tool for our
video solution. This tool eliminates the wait time for IT support by empowering the end user to troubleshoot
connectivity issues through the app itself. It tests network connection and bandwidth to ensure the speed
and quality of all audio and video calls.
Question 2:
Provision of Services: Provide a narrative description outlining the methods/techniques your organization
uses in the provision of services applicable for various types of
Interpreting/translating settings. Address the following sections as applicable:
a. On-Site Interpretation: Provide a detailed outline (with timeframes) of the scheduling process for
requested interpretation services.
b. Over-the-Phone Interpretation and Video Remote Interpreting: Provide a flowchart and timeline of
the call process up to connection with an interpreter. Offeror shall include the average time for
each stage.
c. Court/Legal On-Site Interpretation Services: Provide a detailed outline (with timeframes) of the
scheduling process for requested interpretation services.
d. Document Translation: Explain the type of computer systems and software (if any) your firm uses
in the language translation process, and why it is utilized. If your company does not utilize
computer systems and/or software, explain why and the process that is currently in place.
Describe the editing, proof reading, and publishing process.
e. Voiceover Translation Services: Explain the type of computer systems and software (if any) your
firm uses in the language translation process, and why it is utilized. If your company does not
utilize computer systems and/or software, explain why and the process that is currently in place.
Describe the editing, proof reading, and publishing process.
Offeror Response:
a) In-Person Interpretation
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
LanguageLine Onsite utilizes a combination of a skilled and dedicated scheduling team and an online portal
for all interpretation assignments. Our dedicated onsite booking staff, consisting of twelve staff members,
will manage the scheduling of all assignments for the State. The State’s bookings will be coordinated by an
Onsite Interpreting Scheduling Manager and will provide a clear line of communication to coordinate the
State’s onsite requests via our Interpreter Intelligence portal.
Our dedicated onsite booking staff will manage the scheduling of all assignments for the State. The primary
scheduler for assignments will be Josh Polk. Josh has over 10 years of Onsite Scheduling expertise and
has provided a clear line of communication to coordinate the State’s onsite requests via our Interpreter
Intelligence portal. Our portal was built with our client’s needs in mind. Through Interpreter Intelligence, we
can book the most qualified interpreter for you by having a rating scale in place to monitor their
performance. We provide cost savings to you by locating the closest interpreter to the job site.
The process to book an onsite interpreter is detailed below.
Submit a booking request. You can submit booking requests through the following channels:
•
Toll-free phone number
•
E-Mail
•
Interpreter Intelligence Portal
Based on the time-sensitivity of the request, our booking coordinators may work to confirm an interpreter for
the assignment immediately upon receipt.
Interpreter Confirmation. Once the interpreter is confirmed, the coordinator will notify your staff in writing
within 24 hours of the request, that the interpreter is booked for the assignment. Frequently assignments
are confirmed in less than 24 hours.
The Onsite Scheduling Team is available 24/7. LanguageLine’s booking process makes it easy for your
staff to request specific interpreters by language, interpretation level, and proximity.
LanguageLine is dedicated to providing our interpreters with the correct information about their assignment
in order for them to deliver the highest standard of interpretation by being prepared for the situation at hand.
We are acutely aware of the need for culturally sensitive interpreting and will make every effort to
accommodate your requirements.
b)
Over-the-Phone Interpretation and Video Remote Interpreting
Provide a flowchart and timeline of the call process up to connection with an interpreter. Offeror shall
include the average time for each stage.
LanguageLine’s call flow for accessing a LanguageLine interpreter is easy to do, and calls can be made
from any phone. We have also built thousands of custom call flows for customers and can build a call flow
for the State, if required. Below is a description of our standard call flow:
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Standard Call Flow
Upon establishing an account with LanguageLine, your organization will be issued a dedicated toll free 800
number and a unique 6-digit client ID number. This number is exclusive to The State and allows all your
staff to use LanguageLine’s vast network of on-demand interpreters, any time of day.
1. Dial the toll-free number provided by your LanguageLine account manager.
2. Next, enter your unique 6-digit Client ID number. You also have the option to have your Client ID
through auto populate if you prefer.
3. Then, select a language:
a.
Press 1 for Spanish
b.
Press 2 for All Other Languages and choose the Language
c.
Press 0 to get help identifying a Limited English Speaking person’s language.
4. You will be connected to a professional LanguageLine interpreter. The interpreter immediately will
provide his/her first name and interpreter ID number and then begin interpreting.
LanguageLine’s Cloud-based solution enables routing to the appropriately qualified interpreter at the fastest
connection time possible for all calls. Our technology platform is “always on” carrier grade, which allows us
to scale while providing unparalleled availability, privacy, and security, 24/7/365. Our average connect time
to an interpreter in the last year was 11.9 seconds.
Our standard Service Level Agreements for connect times on Phone Interpreting calls are as follows:
Tier 1 Language – Spanish: Calls are answered within 30 seconds or less, on average.
Tier 2 Languages – Mandarin, Cantonese, Russian, Vietnamese, Korean, Portuguese Polish, French and
Arabic: Calls are answered within 45 seconds or less, on average.
Tier 3 Languages – All other supported languages: Calls are answered within 60 seconds or less, on
average.
Customizations
We recognize that each client has specific needs to capture data as a part of the initial call process to
allocate costs or track usage. This data often includes department codes and other cost-identifying data.
This data, when collected, is carried through to our reporting and invoicing. Today, we provide up to four
unique data fields that we can capture in addition to the Client ID. We encourage our clients to utilize
numeric fields as they can easily be captured through our automated IVR platform. If there is a request for
alpha-numeric data, the calls transfer to an operator to capture the remaining data. This will increase the
time to connect to an interpreter, thus our recommendation for numeric only codes.
In addition, as we described above, we provide our unique Client ID to each of our clients. The Client ID, in
addition to configuration capabilities, can be structured to be deployed across multiple departments within
your facilities. The State of Arizona can identify an appropriate structure for reporting and invoicing
purposes and we will deploy and configure the Client ID most efficiently. This assists in reducing the data
gathering time and expediting the call handling process. Using the Client ID also allows our team to develop
custom scripts and greetings used by our interpreters when handling your interactions.
LanguageLine also provides the ability to customize the call flow for your agents to reduce total call handle
time by streamlining access to our interpreter network. By starting with your desired customer experience in
mind, we can partner with your customer care and IT teams to design a call flow to help provide the best
customer experience in your customers’ preferred language. Customized solutions include:
•
Auto-Populated CID Call Flow – The State will be given a unique toll-free number that auto-populates
their CID. The call flow then follows the same process as the standard call flow.
•
Auto-Populated CID and Custom Language Menu Call Flow – When State users calls their unique
toll-free number, the CID auto-populates, and your identified top languages are pre-programmed into
the menu for selection. This will deliver the fastest connect times for most calls. LanguageLine can
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
pre-program up to 8 languages. Speech Recognition Interactive Voice Recording (IVR) can be used
for a small percentage of lesser-used languages if needed.
•
LEP-Initiated Call Flow (Direct Response) – For an additional setup charge, LanguageLine Solutions
also offers a Direct Response call flow which is initiated by the LEP person. When the LEP calls a
client’s Direct Response toll-free number, they are greeted with a custom in-language recording, and
then to an interpreter. The interpreter begins the call with a customized greeting defined by a whisper
prompt in their headset. After an automated pause, the call connects to the client. There are four
types of Direct Response call flows including:
o
Direct Response Standard Call Flow
o
Direct Response with Language Menu Call Flow
o
Direct Response Standard with Department Menu Call Flow
o
Direct Response with Language Menu and Department Menu Call Flow
d.) Document Translation:
LanguageLine offers different solutions based on the States’s needs to help you streamline your
translation projects, giving you greater flexibility and added control of your content. Our industry-leading
“tech stack” includes cutting-edge solutions that provide significant benefits to our clients.
LanguageLine® Connect℠
LanguageLine Connect allows organizations to easily send global content from their content management
system (CMS) to LanguageLine. This simplifies the workflow and removes unnecessary manual steps to
quicken the content transfer between LanguageLine and our clients. In addition to having the ability to
develop customized connectors, we also offer over 60 out-of-the-box connectors that seamlessly
integrate with your content platforms. These connectors include OneDrive, SharePoint, Google Drive,
OpenText, Drupal, WordPress, Salesforce, AEM, Zendesk, Gitlab, Bitbucket, Box, Egnyte, Microfocus,
S3, FileNet, EPiServer, and many more. Once your translation is complete, LanguageLine sends the
content back to your CMS, so the State can quickly publish into your desired platform or share it with your
clients.
LanguageLine® Machine Translation℠
LanguageLine provides Machine Translation (MT) with your choice of post-editing based on your needs
and the nature of the materials. Regardless of the level used (raw MT, light PE, full PE, etc.), we have
built quality assurance (QA) engines that looks for a large amount of common quality issues (terminology
check, source, and target consistency, do not track (DNT) list, etc.) The QA engine is run on all MT
deliverables.
LanguageLine® Translation Portal℠
LanguageLine is firmly committed to providing innovative solutions that maximize our clients’ investment
in translation while also improving efficiency. The LanguageLine Translation Portal was specifically
designed to make it extremely easy for large, global organizations to dispatch projects for translation from
anywhere in the world and then monitor or manage them centrally. It is also the framework for all our
automated translation solutions. By streamlining the localization workflow, the LanguageLine Translation
Portal allows for faster turnarounds while also providing 24/7 online project tracking. Authorized users
simply login, enter the language pair, the type of deliverable they need to be returned, any special
services that may be required such as graphic design, and when they need it back. They then attach the
file and dispatch the project for quote and/or execution.
Desktop Publishing and Graphic Design
LanguageLine provides comprehensive desktop publishing (DTP) services. Our in-house DTP specialists
are experts in all major formatting and word-processing applications, including InDesign, Illustrator,
PageMaker, FrameMaker, Acrobat Exchange, MS Word, and Google Docs. We also work with many
single-source publishing applications like TeamSite, AuthorIT, RoboHelp, Flare, WebWorks, and
Arbortext. For creative graphic design, our desktop publishing team members are experts in leading
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
software programs such as Adobe Photoshop, Adobe Illustrator, Macromedia Fireworks, CorelDraw,
Freehand, Canva, and others.
LanguageLine recognizes that one size does not fit all when it comes to translation workflow. We take the
time necessary to work with your translation requestors to understand and document the specifics of what
they need to achieve, then design an ISO compliant workflow to meet that specific need. Below is a list of
common workflow steps, in the order they are executed, for a typical translation and localization project:
1. Receipt of Source Files: Source files are provided by the client via email, our secure web portal,
an FTP site, our secure TMS (LingoNET), a 3rd party TMS, file sharing programs (e.g., ShareFile,
Dropbox, Basecamp, etc.), or integration with a Content Management System (CMS).
2. Source Content Analysis: We use basic word counting tools to estimate the number of words to
be translated.
3. Planning, Budgeting and Scheduling: Based on the source content analysis, we determine the
resources, costs, and time required to complete each target language and use this information to
prepare a detailed quote and project plan, including all relevant milestones.
4. Glossary Development, Terminology Lists, and Style Guides: Correct, appropriate, and consistent
use of terminology, whether it be specific to an industry, company, or product is vital to the
acceptance of any translated material. If time permits, LanguageLine suggests creating and
managing a glossary of such terms. Once approved by your in-house review team, the translated
glossary becomes the basis for subsequent translations. Style guides that specify tone (formal
verses conversational), hyphenation, formatting, units of measure, and “do not translate”
requirements are also highly recommended.
5. Translation: A highly skilled team of professional translators is selected for the project based on
their subject matter expertise, physical location, and any other relevant factors, as necessary.
Working directly in the source document, one or more linguists then complete the translation step,
which is the initial conversion of the text from one language to another, overwriting each source
segment as they go along. The number of linguists used for this step depends on timeline
constraints and client priorities.
6. Copy editing: Following the translation step, a second “senior” linguist (or multiple linguists,
depending on project needs) reviews 100% of the translated content, comparing each translated
segment with the original source to ensure accuracy. The copy editor has the additional role of
editing the content into one consistent voice and writing style, as necessary.
7. Desktop Publishing (format one): Translated and copy-edited content is then placed and
formatted into draft deliverables (in whatever application was specified) by a Desktop Publishing
Specialist. This expert (a) fixes any issues related to text expansion or contraction, (b) applies
required font substitutions, and (c) adapts the layout of the file to achieve the same “look and feel”
of the source document while tailoring it to the characteristics of the target language.
8. Proofreading: This third linguistic step, which is performed by yet another linguist not involved in
either of the first two linguistic steps, has two objectives: (a) ensure that the translated document
or application “stands on its own” without reference to the original English content, and (b) identify
any latent, superficial translation defects such as truncated or corrupted text, misspellings,
grammar and punctuation errors, and inconsistencies. Unlike the translation and copy-editing
steps, this review is performed in context on the nearly final deliverable.
9. Desktop Publishing (format two): Any comments identified by the proofreader are incorporated
into the draft deliverables. Following this step, localized target language files are ready to be
finalized.
10. Quality Assurance Review (1st pass): A QA specialist again compares the formatted target
language deliverables, in context, to the original source file, page-by-page, line-by-line. Any
defects or deviations are noted for investigation and correction.
11. Desktop Publishing (format three): Format-specific issues found in the Quality Assurance Review
are investigated and resolved by the Project Manager and forwarded to the desktop publishing
team for incorporation into the deliverables.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
12. Quality Assurance Review (2nd pass): The new changes incorporated by the desktop publishing
team in the previous step are reviewed against the previous draft and the English Master
equivalent, again in a page-by-page comparison.
13. Final Format (format four): Any additional defects noted in the second Quality Assurance Review
are incorporated into the deliverables.
14. Project Manager Review: Completed files are delivered back to the project manager for final
review and approval before final delivery (iterative process).
15. Delivery of Translated Files: Files are delivered to the client in whatever format requested. Files
can be delivered via email, FTP, LingoNET, or any number of other secure delivery methods.
16. In-Country Review (ICR): If the client has suitable resources, we suggest that one or more
linguistically qualified stakeholders review the deliverable and provide feedback. This
collaborative feedback loop is an important mechanism for maximizing translation quality, not only
for the deliverable in question, but for all future work. LanguageLine is always willing to assist our
clients in development of a robust ICR review process.
17. Incorporation of ICR Comments: All ICR feedback is reviewed by our linguistic team to ensure
seamless integration into the existing deliverable. In most cases, client feedback reflects the
stylistic preferences of the reviewers (e.g., tone, word choice, etc.) rather than the correction of
actual errors. It is also not uncommon to see feedback that improves the final deliverable but
does not reflect the original source content. All of this feedback is invaluable, however, in
ensuring consistently high-quality deliverables.
18. Final Delivery of Translated Files: Files are redelivered, including PDFs if requested.
e.) Voiceover Translation Services:
LanguageLine performs full multimedia localization including in-language audio recording for voice-over,
dubbing, and telephone IVR systems. Not only do we record the audio, but our in-house localization
engineers will sync and time the audio to the original eLearning, video, podcast, etc. We have several
audio options and our default option uses professional voice actors in a formal recording studio.
Question 3:
Personnel:
a. Explain the methodology used to test and hire Qualified (Non-Certified) and Certified
interpreters/translators. Describe any skill assessment your firm performs. Describe how your firm
determines proficiency at the time of hiring or subcontracting. Also describe the education and
experience requirements for Qualified (Non-Certified) interpreters/translators.
b. Describe your firm’s process for determining appropriate personnel for specific assignments. Explain
how you ensure cultural sensitivity when making assignments.
Offeror Response:
a. Explain the methodology used to test and hire Qualified (Non-Certified) and Certified
interpreters/translators. Describe any skill assessment your firm performs. Describe how your
firm determines proficiency at the time of hiring or subcontracting. Also describe the
education and experience requirements for Qualified (Non-Certified) interpreters/translators.
In-Person Interpretation
LanguageLine Onsite has its own Interpreter Recruiting and Testing Department which screens all new
onsite interpreters to ensure they are qualified to support our customers. We assess our interpreters in
subjects including cultural competency, ethics, the role of the interpreter, HIPAA, and other confidentiality
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
issues. LanguageLine carefully verifies an interpreter’s qualifications and selects only interpreters who
can support our customers’ requirements.
A typical onsite interpreter candidate has many years of interpretation experience, but a minimum of two,
a background in a language-related field, and a college degree. Interpreters' skills will be validated
through a combination of a review of their credentials, along with their current certifications, education,
work history, and web-based or oral assessments as deemed necessary, depending on the
circumstances.
Interpreter Selection: Our company has distinguished itself by using a unique, three-step selection
process conducted by our seasoned team of professional recruiters and testers. Our screening process
for candidates includes:
•
Interview that serves as suitability assessment to identify candidates who have the requisite
background and experience to be an interpreter for LanguageLine.
•
Review of interpreter’s credentials, including education, training, certifications, and licensure
where required.
•
Objective assessments (components: language, industry specific terminology, Code of Ethics).
Minimum Qualifications: Our hiring qualifications for all onsite interpreters include fluency in English and
the target language, training, and experience in face-to-face interpreting, as well as knowledge of the
Code of Ethics and Standards of Practice for onsite interpreters. Interpreters must have the ability to
communicate with individuals from diverse backgrounds and be aware of cultural factors that may affect
communication. Interpreters must have strong interpersonal skills, excellent customer service skills, and
the ability to interact with people of different cultures, religious beliefs, educational levels, and
socioeconomic groups. Specific requirements include:
•
Excellent command of both English and target Language
•
Ability to provide clear and concise oral communication
•
Professional experience providing onsite, face-to-face consecutive interpretation
•
Excellent judgment, negotiation, and conflict resolution skills
•
Ability to react calmly and effectively in all situations
•
Excellent presentation skills
•
Professional demeanor and appearance
•
U.S. citizenship or possess a valid work permit
•
Ability to pass a criminal background check prior to hiring
Interpreters’ skills are validated through a combination of a review of their credentials and their current
certifications, education, work history, and web-based or oral assessments as deemed necessary
depending on the circumstances. LanguageLine conducts new hire orientations that review role
boundaries, positioning, use of 1st and 3rd Person, accuracy, transparency, impartiality, confidentiality,
conflicts, professionalism, and cultural awareness.
Over-the-Phone Interpretation & Video Remote Interpretation
LanguageLine interpreter recruiting process is rigorous and integral to providing the highest quality
interpretation to our valued customers. Our experienced recruiting staff screens all potential applications
and resumes for prior experience with the language services industry. The typical LanguageLine
candidate has two years or more of interpretation experience. Some have many more years of
experience in the interpretation field, but nonetheless, all candidates will receive training. Specific
requirements also include:
•
Excellent command of both English and target language
•
Ability to provide clear and concise oral communication
•
Excellent presentation skills
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
•
Professional demeanor and appearance
•
Ability to react calmly and effectively in all situations
•
Must pass a criminal background check prior to hiring
If the candidate passes the initial interview, LanguageLine then verifies the candidate’s proficiency level in
English and a target language, by taking LanguageLine’s proprietary Language Proficiency Test and an
Interpreter Skills Assessment Test. LanguageLine is the only language service vendor to screen medical
interpreter candidates using 2 rigorous externally validated oral language tests, developed using
feedback from top academics at the prestigious Middlebury Institute of International Studies and the
Defense Language Institute. These tests are integral to selecting skillful interpreters, and ensure our
clients receive the best possible service.
Language Proficiency Test: LanguageLine evaluates all candidates’ language proficiency in both English
and the target language through a formal Language Proficiency Test. The candidates must prove their
ability to express themselves grammatically, display a wide range of vocabulary, enunciate words, listen
attentively, and use courteous language. The test format is an oral interview with questions that increase
in difficulty as the test progresses. Proficiency must be at the advanced or superior level to qualify for the
next test.
The Language Proficiency Test was validated by Martha Herzog, former Vice Chancellor for Evaluation
and Standards at the Defense Language Institute and Foreign Language Center, Presidio of Monterey,
CA.
Interpreter Skills Test: The Interpreter Skills test is the second test, and is a rigorous, criterion-referenced
integrative test. The test is “bi-directional,” which means it tests from English into a target language (such
as Spanish or Mandarin) and from the target language into English. The interpreter must prove their
fluency and ability to interpret typical scenarios our employees handle, such as calls from the
government, insurance companies, hospitals or banks. Scores include both objective and subjective
measures. If the interpreter meets our standards with this test, they can progress to our intensive
interpreter training program.
The Interpreter Skills Assessment was validated by Dr. Eddine Dahel, associate professor at the
Middlebury Institute of International Studies. Dr. Dahel holds a doctoral degree in management sciences
and specializes in quantitative analysis.
Our hiring managers use an onboarding checklist to review that all screening steps are complete before
an interpreter can proceed to orientation and our industry-leading Interpreter Training program. If the
interpreter candidate qualifies, Human Resources communicates to the Training Department that the
candidate can begin Interpreter Training.
All LanguageLine interpreters are internally certified by our rigorous internal testing and training program.
LanguageLine holds ASTM International certifications for ASTM F3130-18 Standard Practice for
Language Service Companies and ASTM F2089-15 Standard Practice for Language Interpreting. The
ASTM F3130 practice specifies the basic policies, processes, procedures, and resources needed by a
language service company to provide the quality services required by its clients. The ASTM F2089
practice defines professional standard for quality services specific to language interpreting.
Interpreter Training is one of the cornerstones of our business and a requirement for all interpreters. It
focuses on the role of the interpreter, the importance of retaining a neutral tone, and how to ensure truly
excellent customer experience. Key topics covered include consecutive interpretation, memorization
techniques, call handling processes, and the role of the interpreter.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Our interpreters are a bridge to other cultures and understand the customs and appropriate mode of
communication with your patients. Therefore, cultural sensitivity is imbedded in all aspects of our training
program. All medical interpreters must also complete Bridging the Gap training, a premier medical
interpretation-training program that prepares interpreters for the following topics:
•
Medical interpreter roles
•
Standards of practice
•
Ethics
•
Overview of health care system
•
Cultural competency
•
Medical terminology
Bridging the language barrier between a patient and the healthcare provider is paramount in delivering
the best healthcare service. Through our medical training program, we ensure that our interpreters are
aware of cultural nuances as well as being well versed in the cultural beliefs, values, and practices of your
patient in order to properly serve as conduits, clarifiers, and cultural brokers.
New Hire Orientation (NHO)
All newly hired LanguageLine interpreters participate in the New Hire Orientation (NHO) Program which
consists of a blend of instructor-led sessions and web-based knowledge training. This blended,
collaborative learning program is a major contributor to interpreter satisfaction and success.
LanguageLine worked with Cross Cultural HealthCare Program to develop our basic medical training
content.
NHO Part 1: Web based knowledge training
LanguageLine’s recent Lean Six Sigma onboarding process review led us to change how we deliver the
knowledge-based content of the NHO. We moved the content to a web-based training format from
instructor led. This reduced the amount of time each trainee had to spend in the classroom while
improving the quality of the experience, allowing the trainee to master the content efficiently. Web-based
content also gives the trainee the ability to review content areas that may need further study. There are
25 hours of pure content in NHO, including 911 Interpreter Training. The 911 Training includes the
following crucial components:
1.
911 call management, including in-depth training on how to take 911 calls:
•
Obtaining crucial information: if there is a true emergency, interpreters are trained to obtain
crucial information, such as what, where, and when.
•
Relaying the answers quickly to the dispatcher by prioritizing the information provided.
•
Being succinct when necessary.
•
Making a special effort to exercise control over the segment length.
•
Key to handling 911 calls:
o
Remaining neutral and impartial.
o
Remaining calm and maintaining composure at all times.
o
Remaining detached to avoid stress.
o
Listening for clues that the call may be an emergency.
2.
Reviewing actual 911 call scenarios, including calls involving:
•
Ambulance
•
Police Department or Sheriff’s Office
•
Fire Department
•
911 call situations
•
Medical emergencies
•
Burglary
•
Domestic violence
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
•
Missing person report
•
Stolen car/bicycle report
•
Vehicle recovery report
•
Noise complaint
•
Auto accident
•
Stolen property report
•
Dispute
•
Other emergency call situations:
•
Possible gas leak
•
Psychiatric condition
•
Possible drunk caller
•
Complaint against an animal
3.
Role-Playing Exercises with call scenarios developed based on real 911 calls
4.
Typical Medical and Legal terminology used on 911 calls
Also, an additional 15-hour web-based course is given to medical interpreters. The Medical Specialized
Interpreter Training Program covers:
•
The Health Care System
•
Role of Medical Interpreter
•
Medical Interpreter Code of Ethics
•
Standards of Practice for Medical Interpreters
•
Pain descriptors
•
Medication related terms
•
Common Medical Procedures
•
Medical Professions and Specialties
•
Description of Symptoms
•
Health Insurance terms
•
Durable Medical Equipment
•
Palliative Care
Before interpreters can answer clinical healthcare calls, they must pass the Medical Interpreter Skills
Assessment. New medical interpreters are monitored twice in their first 30 days on the job. If their scores
are not acceptable, they return to the general interpreter level.
Our NHO thoroughly covers security and confidentiality issues for healthcare, government, financial
services and insurance sectors. It is the policy of LanguageLine to provide training for HIPAA, FWA
regulations, Joint Commission Standards, the Gramm-Leach-Bliley Act, and other industry specific
regulations. These trainings cover specific regulations outlined within each policy, the implications of
these rules, and how they are applied to each industry. All of our interpreters are required to sign and
comply with our corporate confidentiality agreement, non-disclosure agreement, and Code of Ethics on an
annual, recurring basis.
NHO Part 2: Roleplaying/Coaching Skill Development
The web-based curriculum is supported by the Quality Assurance Department led one-on-one roleplaying
and coaching by Senior Language Specialists (SLS) for skill development (putting the knowledge into
practice). SLS are responsible for the interpretation quality of a team of interpreters. The SLS is
responsible for service observation and one-on-one coaching for interpreters based on service
observation results and customer feedback. In fact, Senior Language Specialists conduct an
induction/mentoring session with new interpreters within their first one to two days of taking calls to
reinforce their NHO through role playing, question and answer session and coaching.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
SLS qualifications include exceptional language proficiency in both working languages, possesses the
highest interpreter skill status, a minimum of 1-year experience with LanguageLine, and a rating of
outstanding performance as an interpreter. Our SLS have an average of 13 years of experience working
for LanguageLine.
Stress Management Training Program
As interpreters take hundreds of 911 calls each month, they inevitably deal with the same on-the-job
stress that the 911 dispatcher experiences. LanguageLine approached the 911 centers to learn how they
address stress cases. As a result, in 1999, LanguageLine implemented the Stress Management and Peer
Counselor Program that has been used by Police Departments and 911 Centers in the State of California.
The program was developed by Richard Behr and Kevin Willett, Public Safety Training Consultants and
Police Officers, with input from Interpreter Training Manager.
The training covers:
•
Stress in the workplace
•
Stress facts
•
Cumulative stress
•
Critical incident stress
•
Coping techniques
•
Coping strategies
•
Personal management and relationship skills
•
The Peer Support Program
In addition to receiving the training program, interpreters have access to the Peer Support Program at any
time to defuse stress after a critical incident. The trainers and peer supporters were identified for their
related educational background and previous work experience, as well as their outstanding performance.
Continuous Professional Development
All interpreters are encouraged to participate in professional development programs. The training
modules include role-playing exercises for frequently encountered industry-specific scenarios. Expert
facilitators, with in-depth knowledge of each particular subject area, conduct all training sessions. Though
participation is not mandatory, LanguageLine offers 1 to 1.5-hour sessions in different industries:
•
12 hours Medicaid, Medicare and the Secret Shopper Program
•
6 hours of interpreter protocols
•
6 hours of recorded statements (Insurance Standard Procedure)
•
12 hours of handling stress after a traumatic call
•
12 hours of protocols for legal/court calls
•
6 hours of 911 calls
•
12 hours Interpreting for the terminally ill requesting dying with dignity
LanguageLine also provides interpreters with ongoing job education and training through the following
activities and media:
•
LanguageLife Newsletter – monthly newsletter sent to all interpreters that includes tips, best
practices, industry-related information, training updates, terminology, quizzes and
communications to help each interpreter improve their knowledge and skills.
•
Glossaries – Print and online vocabulary-building references updated regularly to improve
interpreter language skills and understanding across industries.
•
At-a-Glance Dictionaries – words and terms definitions for quick and easy reference, revised
frequently and distributed as electronic copies.
•
Interpreter Chatter Groups – LanguageLine supported online communities that alert interpreters
of important announcements, exchange relevant information, share experiences, relay ideas and
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
get feedback from each other and from LLS subject matter experts. We have seven Chatter
Groups with over 7,000 members.
Translation
As an ISO 17100:2015-05 certified language service provider, LanguageLine is extremely selective when
onboarding translators. In fact, less than 1 in 11 linguists who apply for a position at LanguageLine meet
our rigorous standards, which we believe makes us the most selective language services company in the
industry. We have a dedicated vendor management team that is responsible for sourcing, interviewing,
qualifying, testing, negotiating contracts and pricing, hiring, and managing our translators.
Unlike many firms, we do not use part-timers, college students, or the cheapest resource available. All of
our translators, copyeditors, and proofreaders are native speakers and, in most cases, reside in-country.
At minimum we require a graduate-level education (bachelor’s degree or higher), industry specialization,
and 5 references (typically from their clients). All translators, linguists and reviewers must pass subject-
matter specific translation and proofing tests. Whenever possible, linguists certified by the American
Translators Association (ATA) will be used. In addition, our business management systems maintain a
record of translator and interpreter performance.
Before a linguist can work for LanguageLine, they must pass a linguistic competency evaluation
administered by us. As a part of this test, prospective linguists are asked to translate sample text based
on their reported area of expertise. The resulting translation is then evaluated by one of our seasoned
linguists for overall accuracy, subject matter comprehension, accuracy of technical terminology,
consistency of terminology, syntax, writing style, possible mistranslation, and possible omissions. If the
prospective linguist receives a positive evaluation, LanguageLine begins a professional relationship by
contracting for proofreading on small word count projects. The linguist remains in this role until their
appraised body of work warrants escalating them to copyeditor and eventually translator.
b. Describe your firm’s process for determining appropriate personnel for specific assignments.
Explain how you ensure cultural sensitivity when making assignments.
a)
In-Person Interpretation
Upon receipt of a booking request from the State, LanguageLine’s Onsite Scheduling Team will utilize its
Interpreter Intelligence portal to identify available, highly qualified interpreters for the assignment. Only
the highest rated interpreters with the appropriate skill set will be selected as a candidate to fulfill the
interpretation assignment. When necessary, LanguageLine’s Scheduling Team will then reach out to the
Interpreter Manager of the selected interpreters to determine who the most appropriate candidate is for
the assignment based on their experience and performance.
All onsite interpreters abide by national standards for interpretation, exhibit cultural sensitivity, and remain
neutral.
b)
Over-the-Phone Interpretation & Video Remote Interpretation
LanguageLine’s over-the-phone and video remote interpretation services are on-demand services
whereby callers are connected through the call flow process to the first available qualified interpreter
based on the caller’s account settings (i.e., court, healthcare, financial, etc.). This ensures the fastest
connection to a trained and culturally sensitive interpreter. Interpretation for specific languages for OPI
and VRI may also be scheduled in advance by contacting the Interpreter Resource Center.
c)
Written Translation
LanguageLine utilizes a Business Management System powered by Workfront, a cloud-based Enterprise
Work & Project Management solution trusted by thousands of global enterprises. Since deploying the
application in 2009, we have continued to invest significantly to improve and customize its features; and
we believe it is now one of the industry’s most robust business systems for managing translation projects.
Workfront records every task that is performed on every project, as well as the team member who
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
performed it. If necessary, LanguageLine can easily identify the translators, editors, and/or proofreaders
that worked on any project. Please note that whenever possible LanguageLine will use a dedicated
“Arizona” team to execute projects under this contract. This means that we will use the same project
managers and translators who have successfully delivered more than 1,273 projects for the State in the
last year alone. Use of our dedicated Arizona team will ensure consistency from project to project with
both terminology, stylistic preferences, and overall State knowledge.
Question 4:
Problem Resolution: Describe the methodology used for problem resolution. Illustrate how your organization
tracks responsiveness and end-user satisfaction in a quantifiable manner to ensure quality customer
service.
Offeror Response:
a)
In-Person Interpretation
Onsite Division maintains hubs of onsite interpreters within Arizona, providing the state with the benefits
of a locally based project team, and the stability and customer support infrastructure of a national
company. We have the largest dedicated onsite interpreter scheduling and customer support teams in the
industry. This ensures that the State has continuous access to a customer service team that is dedicated
to meeting your interpretation needs and addressing issues if and when they are identified. If an issue is
identified that cannot be resolved through the Interpreter Scheduling Team, the issue will be escalated to
the State’s Onsite Account Executive. The Account Executive will provide a response to all issues within
24 hours and resolution within 48 hours. Our team will be available for immediate attention by phone or
by visit on location.
b)
Over-the-Phone Interpretation
LanguageLine is committed to providing our clients with the highest quality interpretation services
available and we achieve this through a comprehensive interpreter monitoring program that includes
internal and external quality control processes. Internally, the Quality Assurance department manager is
responsible for overseeing all monitoring of LanguageLine interpreters. The monitoring standards used
are based on accepted national interpretation standards, the interpreter Code of Ethics, and customer
feedback. During monitoring, the company never records any calls because we are committed to
maintaining the highest levels of confidentiality. With our “silent” observation process, interpreters are
unaware of when they are being observed, but they know monitoring could occur at any time.
Throughout every monitoring session, a SLS listens to several live calls conducted by an interpreter to
objectively evaluate his or her skills. This process ensures consistency and fairness. The SLS notes all
results and specific performance details on the monitoring form. The rating standards on the form contain
the following major areas of evaluation:
1. Customer Service:
•
Open the call appropriately: The interpreter opens the call with a professional greeting and
introduces herself or himself to both parties on the line (both the English speaker and the Limited
English Proficient person).
•
Follow client’s instructions: The interpreter always follows the client’s instructions and avoids
providing any personal instructions to any party on the line.
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
•
Use polite forms of expression: The interpreter is decorous and employs polite phrases in both
languages. Some languages and cultures require a stricter use of polite forms of address.
•
Appropriate tone, patience, and helpfulness: The interpreter is poised, patient, helpful, and
respectful toward all parties on the line.
•
Quiet working environment: The interpreter answers the call from a quiet working environment
and avoids distractions or noise that might hinder audibility or comprehension.
•
Close the call appropriately: The interpreter is the last person to close the call and makes sure
the client does not need further assistance before doing so.
2. Interpretation Skills and Role of the Interpreter:
•
Offer accurate and complete rendition: The interpreter remains faithful to the source language
and clarifies situations, when needed. He or she ensures the speakers converse in “workable
segments” while interpreting to ensure accuracy and completeness.
•
Demonstrate command of both languages: The interpreter demonstrates linguistic ability in the
language pair that she or he is qualified to interpret and adheres to syntax and grammar rules.
•
Manage the flow of the call: The interpreter maintains the pace of the call and provides a timely
rendition, avoiding unnecessary pauses.
•
Avoid taking over the call: The interpreter does not initiate questions, other than for clarification
purposes.
•
Avoid interaction with LEP speaker without client’s permission: The interpreter keeps the client
informed of any exchanges had with the LEP customer for clarification purposes.
•
Remain impartial and unbiased: The interpreter does not provide his or her personal opinion at
any time.
•
Use correct protocol for the industry: The interpreter understands the correct protocol for each
industry, such as the use of first-person interpreting, or cultural brokering in the healthcare
industry. Protocol varies by scenario, and the interpreter is always aware of and adheres to our
internal and national standards.
After each monitoring session, the SLS delivers 30 minutes of feedback to the interpreter. During the
feedback session, the SLS acknowledges the interpreter’s strengths and details areas in which
improvement is needed. Then, the monitor obtains a commitment from the interpreter to improve in
specific areas and schedules a follow-up observation. Our company tracks all observation forms for
quality assurance and interpreter development purposes.
Voice of the Customer
Externally, LanguageLine actively solicits customer feedback through our Voice of the Customer (VOC)
program. Any customer can submit a VOC form through our company website. This system allows us to
expedite any issues and take action, up to termination, if an employee’s performance fails to meet our
stringent standards. Customers can also submit a commendation when they have an exceptional
experience with a LanguageLine interpreter.
All VOC reports are logged internally, assigned a ticket, and addressed within 2 business days. Our
service level goal is to resolve all issues within 3 business days of the ticket assignment. The majority of
VOC submissions are interpreter commendations. When there is a concern, an electronic copy of all
feedback is simultaneously forwarded to each department with a role in solving the specific concern. This
enables LanguageLine to address feedback quickly.
In addition to the VOC process described above, LanguageLine offers the State access to a
comprehensive Customer Service Team to ensure complete customer satisfaction. Should the State
determine that OPI services are not meeting the demands of their customers, LanguageLine encourages
users to reach out directly to their dedicated Account Management Team so that any issues not
recognized within LanguageLine’s scheduling, monitoring, and scaling systems may be addressed in a
timely manner. LanguageLine’s Customer Service Team is also available via a toll-free number, 24 hours
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
a day, 7 days a week, and 365 days a year. All customer service calls are answered in 12 seconds or
less.
When issues are identified with an interpreter through the VOC process or otherwise, LanguageLine
addresses the issues promptly and ensures the appropriate course of action is taken according to the
deficiency and/or offense. Failure to adhere to LanguageLine’s established standards and/or Interpreter
Code of Ethics results in a series of performance correction, improvement, and monitoring plans based
on severity of the offense. Interpreter offenses are documented in the interpreter record, and an SLS will
monitor the employee’s performance to ensure improvement. If performance does not improve, the SLS
follows a documented process to escalate the issue and result in termination, if ultimately unresolvable.
c)
Video Remote Interpretation
In addition to the VOC process that was detailed above, and is available for video remote interpretation
services, LanguageLine has implemented in-app review and feedback features to track our customer
satisfaction and address issues.
The “How Did We Do?” enhancement has an easy-to-use interface that empowers users to rate just-
concluded calls on a scale of 1-to-5 stars, while also allowing them to provide more specific comments if
they choose. The enhancement has a very simple interface with familiar features used in many popular
apps. At the end of a call, a pop-up will appear that has five empty stars along with a prompt that reads,
“How did we do?” This feature provides LanguageLine with real-time data on its interpreters and
customer service experience. Since implementing this feature in 2017, we have an average star rating of
4.7 out of 5 stars.
d)
Translation
As an ISO 9001:2015 and 17100 certified business, in the rare instance when an error is reported, our
first step is record the issue in our VOC (voice of the customer) system. This application is an integral
component of our business system and is monitored by our Senior Management team.
Once we understand the concern, an independent translator reviews the feedback reported by our
customer. In our experience, feedback most frequently meets one of the following:
•
Is either stylistic or preferential rather than a technical error
•
Improves the translation, but does not reflect the source content
•
Improves the translation, but does not correct an actual error
•
Is not as good as our translation, but is not wrong
•
Introduces an error.
If an error is validated in our review, we will fix it immediately at our cost. If the issue is preferential, we
will discuss our findings with the State and determine what changes, if any, need to be made. The
ultimate resolution will then be documented in our VOC system, the root cause determined, corrective
action documented, and any required process changes implemented.
In the unlikely event that an issue has not been addressed in a satisfactory or timely manner, State
personnel will always have access to LanguageLine’s Senior Management team. Moreover, to ensure
that key members of our project and management teams are available when needed, cell phone numbers
will be provided so that they can be reached during non-business hours.
Quality Metrics
As an ISO 9001:2015 and 17100:2015-05 certified business, LanguageLine is required to measure
translator quality and proficiency, at least quarterly, to assess whether individual translators and agencies
continue to meet our rigorous quality standards. To comply with this requirement, every reported defect is
recorded in our project management system and the disposition determined. For actual errors, the root
cause is identified and corrective action specified. In addition to translation accuracy, each month we
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
measure on-time delivery, quote accuracy, invoicing accuracy, and customer satisfaction. Our 2022
metrics for measure were as follows:
•
Translation accuracy: 99.97%
•
On-time delivery: 99.45%
•
Invoicing accuracy: 99.95%
•
Quote accuracy: 99.85%
•
Customer satisfaction: 97.52%
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Attachment 13
Pricing Document
Please fill out your pricing for the items listed below. Additionally, please fill out the
pricing on the “Item (F)” tab in APP. All Items are Optional.
#
Item
Description
UOM
Pricing
1
On-site Interpretation
Spanish Language
Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Spanish Language Services
Per
Hour
$70.00
2
On-site Interpretation
Core Languages
Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Core Languages Services
Per
Hour
$70.00
3
On-site Interpretation
Rare Languages
Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Rare Languages Services
Per
Hour
$80.00
4
Over-the-Phone (OPI)
Interpretation Spanish
Language Services
The per-minute rate for OPI Services. Spanish
Language Services
Per
Minute
$0.64
5
Over-the-Phone (OPI)
Interpretation
Core Languages
Services
The per-minute rate for OPI Services. Core
Languages Services
Per
Minute
$0.67
6
Over-the-Phone (OPI)
Interpretation
Rare Languages
Services
The per-minute rate for OPI Services. Rare
Languages Services
Per
Minute
$0.69
7
Video Remote
Interpreting (or VRI) for
Spanish Language
Services
The per-minute rate charged per assigned interpreter
for services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Spanish
Language Services
Per
Minute
$1.40
8
Video Remote
Interpreting (or VRI) for
Core Languages
Services
The per-minute rate charged per assigned interpreter
for services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Core
Languages Services
Per
Minute
$1.40
9
Video Remote
Interpreting (or VRI) for
Rare Languages
Services
The per-minute rate charged per assigned interpreter
for services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Rare
Languages Services
Per
Minute
$1.40
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
#
Item
Description
UOM
Pricing
10
Court/Legal On-Site
Interpretation Spanish
Language Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Spanish Language Services
Per
Hour
$N/A
11
Court/Legal On-Site
Interpretation
Core Languages
Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Core Languages Services
Per
Hour
$N/A
12
Court/Legal On-Site
Interpretation
Rare Languages
Services
The hourly rate charged per assigned interpreter for
services performed during Monday through Friday
between the hours of 7:00 AM – 5:00 PM. Minimum of
2 hrs. Rare Languages Services
Per
Hour
$N/A
13
Voiceover Translation
Spanish Language
Services
The per-minute rate for translation of Voiceover
Services. Spanish Language Services
Per
minute
$35.00
14
Voiceover Translation
Core Languages
Services
The per-minute rate for translation of Voiceover
Services. Core Languages Services
Per
minute
$35.00
15
Voiceover Translation
Rare Languages
Services
The per-minute rate for translation of Voiceover
Services. Rare Languages Services
Per
minute
$90.00
16
Voiceover Translation
Expedite Charge
Additional charge on the per-minute rate for expediting
of Voiceover Translation services.
Per
minute
+$17.50
17
Audio Tape to Written
Document Translation
Spanish Language
Services
The per-minute rate for the translation of audio tapes,
files, etc. Spanish Language Services
Per
minute
$8.50, 5
minute
minimu
m
18
Audio Tape to Written
Document Translation
Core Languages
Services
The per-minute rate for the translation of audio tapes,
files, etc. Core Language Services
Per
minute
$8.50, 5
minute
minimu
m
19
Audio Tape to Written
Translation Rare
Languages Services
The per-minute rate for the translation of audio tapes,
files, etc. Rare Language Services
Per
minute
$25.00,
10
minute
minimu
m,
subject
to
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
availabili
ty
20
Audio Tape to Written
Translation
Expedite Charge
Additional charge on the per-minute rate for expediting
of the translation of audio tapes, files, etc.
Per
minute
+$4.25/p
er
minute
for Core
Languag
es
+$12.50
per
minute
for rare
languag
es
#
Item
Description
UOM
Pricing
21
Document to
Document Translation
Spanish Language
Services
The per-word rate for the translation from one written
document to another written document. Spanish
Language Services
Per
word
$0.18
22
Document to
Document Translation
Core Languages
Services
The per-word rate for the translation from one written
document to another written document. Core
Language Services
Per
word
$0.18
23
Document to
Document Translation
Rare Languages
Services
The per-word rate for the translation from one written
document to another written document. Rare
Language Services
Per
Word
$0.27
24
Document to
Document Translation
Expedite Charge
Additional charge on the per-word rate for expediting
the translation from one written document to another
written document.
Per
Word
+$0.07
25
Trilingual/Relay On-Site
Interpretation Services
Additional charge on the hourly rate for interpreting
three languages. Applicable for on-site services and
court/legal interpretation services only.
Per
Hour
$125.00
26
After-hour, Weekend
and Holiday Services
Additional charge on the hourly rate for services
performed after normal business hours, on weekends
or State holidays. This rate does not apply to Over-
the-Phone, Document Translation, or Voiceover
Translation services.
Per
Hour
$35.00
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
27
Short Notice Base Rate
Increase
Additional charge on the hourly rate for services
requested with less than two (2) business days’
notice. This rate does not apply to Over-the-Phone,
Document Translation, or Voiceover Translation
services.
Per
Hour
$35.00
Request for Proposal
Solicitation No. BPM005147
Foreign Language Interpretation and Translation
Arizona Department of Administration
State Procurement Office
100 North 15th Avenue
Phoenix, AZ 85007
Solicitation Attachment – Offer and Acceptance | Revision No. 2 | Revised 11-22
Attachment 14 – Offered Languages
Offeror shall list all languages offered to interpret/translate along with the number of employees/subcontractors
available to provide each language. Include as an Attachment if more space is needed
Language:
Number of Interpreters:
Number of Translators: Total Number of
Employees/Subcontractors:
*Due to the extensive
list of languages
offered, please see
attached listing on the
following pages.
Primary Language
Interpretation Head Count
Translation Head Count
ACHOLI
1
17
AFRIKAANS
1
69
AKAN
9
26
AKATEKO
3
1
ALBANIAN
64
103
AMERICAN SIGN LANGUAGE
273
0
AMHARIC
92
160
ARABIC
431
376
ARMENIAN
87
24
ASSYRIAN
6
8
AZERBAIJANI
4
10
BAHASA
3
195
BAHDINI
8
1
BAJUNI
1
1
BAMBARA
4
10
BANTU
1
1
BARESE
1
0
BELARUSIAN
4
24
BENGALI
175
161
BERBER
1
18
BOSNIAN
40
204
BRAVANESE
1
1
BRITISH SIGN LANGUAGE
11
0
BULGARIAN
57
194
BURMESE
80
141
CANTONESE
379
30
CEBUANO
2
1
CHALDEAN
3
1
CHIN FALAM
4
1
CHIN HAKHA
17
1
CHIN MATU
1
1
CHIN TEDIM
5
1
CHINESE (SIMPLIFIED)
400
CHINESE (TRADITIONAL)
319
CHUUKESE
6
7
CROATIAN
6
154
CZECH
36
230
DANISH
1
179
DARI
150
91
DINKA
3
10
DUTCH
9
188
EDO
2
1
EKEGUSII
1
1
ENGLISH
1
1
EWE
1
15
FARSI
194
179
FINNISH
3
158
FLEMISH
2
8
FRENCH
181
450
FUKIENESE
8
0
FULANI
6
45
FUZHOU
15
1
GA
1
1
GARRE
3
1
GEORGIAN
9
27
GERMAN
22
326
GHEG
10
1
GREEK
27
134
GUJARATI
38
108
HAITIAN CREOLE
239
54
HAKKA-CHINA
6
3
HAKKA-TAIWAN
1
1
HAUSA
5
65
HEBREW
14
184
HINDI
79
207
HMONG
80
60
HUNANESE
1
0
HUNGARIAN
47
212
IBANAG
1
1
IGBO
4
75
ILOCANO
4
8
INDONESIAN
13
195
ITALIAN
58
251
JAKARTANESE
1
1
JAMAICAN PATOIS
1
1
JAPANESE
58
345
JAVANESE
1
1
JINGPHO
1
1
JUBA ARABIC
3
10
JULA
2
1
KAM MUANG
3
1
KAMBA
1
1
KANJOBAL
1
1
KANNADA
1
74
KAREN
58
40
KASHMIRI
1
11
KAYAH
6
6
KAZAKH
1
40
KHMER
63
40
KICHE
1
1
KIKUYU
5
1
KINYARWANDA
36
69
KOREAN
197
331
KRIO
3
7
KUNAMA
1
1
KURMANJI
8
1
LAOTIAN
20
134
LATVIAN
14
103
LINGALA
16
53
LITHUANIAN
31
125
LUBA-KASAI
3
1
LUGANDA
3
10
LUO
2
12
MAAY
8
2
MACEDONIAN
5
82
MALAY
6
133
MALAYALAM
10
3
MALTESE
1
14
MAM
1
1
MANDARIN
595
0
MANDINKA
2
8
MANINKA
1
1
MARATHI
1
80
MARSHALLESE
10
4
MIEN
1
8
MIRPURI
2
1
MIXTECO
2
1
MIZO
4
1
MONGOLIAN
13
47
MOROCCAN ARABIC
8
25
MORTLOCKESE
1
1
NAPOLETANO
2
1
NAVAJO
2
34
NEPALI
101
89
NIGERIAN PIDGIN
4
1
NORWEGIAN
4
151
NYORO
1
1
OROMO
19
90
PASHTO
154
58
PLAUTDIETSCH
1
1
POHNPEIAN
2
1
POLISH
251
135
PORTUGUESE
451
190
PORTUGUESE BRAZILIAN
1
265
PORTUGUESE CAPE VERDEAN
26
11
PUGLIESE
1
1
PULAAR
3
1
PUNJABI
150
110
QUICHUA
1
1
ROHINGYA
12
7
ROMANIAN
159
191
RUNDI
15
64
RUSSIAN
424
317
SAMOAN
3
8
SANGO
2
5
SERAIKI
1
1
SERBIAN
13
156
SHANGHAINESE
14
0
SHONA
1
22
SICHUAN YI
3
1
SICILIAN
1
1
SINHALA
5
41
SLOVAK
43
189
SOGA
1
1
SOMALI
212
106
SONINKE
3
1
SORANI
65
92
SPANISH
12,304
418
SUDANESE ARABIC
24
1
SWAHILI
75
100
SWEDISH
4
177
SYLHETI
33
6
TAGALOG
47
168
TAIWANESE
9
1
TAJIK
2
38
TAMIL
20
145
TELUGU
8
84
THAI
34
167
TIBETAN
4
26
TIGRE
2
4
TIGRIGNA
89
44
TOISHANESE
16
0
TONGAN
2
4
TOORO
1
1
TURKISH
89
180
TURKMEN
1
24
UKRAINIAN
171
209
URDU
153
162
UYGHUR
1
8
UZBEK
28
30
VIETNAMESE
359
296
VISAYAN
3
1
WENZHOUNESE
1
0
WOLOF
12
45
YEMENI ARABIC
9
30
YIDDISH
3
8
YORUBA
11
60
YUNNANESE
1
0
ZO
6
4
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Attachment 15
Business Associates Addendum (HIPAA)
This Business Associates Agreement is in effect for those State entities that are HIPAA Covered
Components. The “State” HIPAA Covered Component entities are:
1. Arizona Health Care Cost Containment System (AHCCCS)
2. Arizona Department of Economic Security (ADES)
3. Arizona Department of Child Safety (ADCS)
4. Arizona Department of Health Services (ADHS)
5. Arizona Department of Administration Benefits section
6. Arizona Veterans Home
For good and valuable consideration, the State and Business Associate agree to be bound to the terms and
conditions of this BAA.
STATE and Business Associate agree that the underlying Contract shall comply with the Administrative
Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as set
forth in Title 45, Parts 160 and 164 of the Code of Federal Regulations (the "CFR"), as amended. In the event
of conflicting terms or conditions, this Addendum shall supersede the underlying Contract.
The State will only consider this BAA to be fully executed if it is signed without any modifications.
1.
DEFINITIONS
The following terms used in this Addendum shall have the same meaning as those terms in the HIPAA rules
set forth in Title 45, Parts 160 and 164 of the CFR: Breach, Data Aggregation, Designated Record Set,
Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected
Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected
Health Information, and Use.
2.
OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Business Associate agrees to:
2.1
Not use or disclose protected health information (“PHI”) other than as permitted or required by
this Addendum or as required by law;
2.2
Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to
electronic PHI, to prevent use or disclosure of protected health information other than as
provided for by this Addendum;
2.3
Report to STATE any use or disclosure of PHI not provided for by this Addendum of which it
becomes aware, including breaches of unsecured protected health information as required at
45 CFR §164.410, and any security incident of which it becomes aware in the following
manner;
2.3.1
Reporting. Business Associate shall report to STATE any use or disclosure of PHI that
is not authorized by the Contract, by law, or in writing by STATE. Business Associate
shall make an initial report to the STATE not more than twenty-four (24) hours after
Business Associate learns of such unauthorized use or disclosure. The initial report
shall include all of the following information to the extent known to the Business
Associate at the time of the initial report:
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
a.
A description of the nature of the unauthorized use or disclosure, including the
number of individuals affected by the unauthorized use or disclosure;
b.
A description of the PHI used or disclosed;
c.
The date(s) on which the unauthorized use or disclosure occurred;
d.
The date(s) on which the unauthorized use or disclosure was discovered;
e.
Identify the person(s) who used or disclosed the PHI in an unauthorized manner;
f.
Identify the person(s) who received PHI disclosed in an unauthorized manner;
g.
A description of actions, efforts, or plans undertaken by the Business associate to
mitigate the harm of the unauthorized disclosure;
h.
A description of corrective actions undertaken or planned to prevent future similar
unauthorized use or disclosure;
i.
An assessment of whether a breach, as defined in 45 CFR 164.402, has occurred,
including, if necessary, an assessment of the probability of harm, and
j.
Such other information, as may be reasonably requested by the STATE Privacy
Official.
2.3.2
Business Associate shall provide STATE with supplemental reports promptly as new
information becomes available, as assessments and action plans are developed, and
as action plans are implemented. In any event, Business Associate shall provide a
comprehensive written report including all of the information listed above no later than
thirty (30) days after discovery of the unauthorized use or disclosure.
2.3.3
Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of a use or disclosure of PHI by Business
Associate in violation of the requirements of the Contract.
2.3.4
Sanctions. Business Associate shall have and apply appropriate sanctions against any
employee, subcontractor or agent who uses or discloses STATE PHI in violation of this
Addendum or applicable law.
2.4
In accordance with 45 CFR §164.502(e)(1)(ii) and §164.308(b)(2), if applicable, ensure that any
subcontractors that create, receive, maintain or transmit PHI on behalf of the Business Associate
agree to the same restrictions, conditions and requirements that apply to the Business Associate
with respect to such information;
2.5
Make available PHI in a designated record set to STATE as necessary to satisfy STATE’ obligations
under 45 CFR §164.524;
2.6
Make any amendment(s) to PHI in a designated record set as directed or agreed to by STATE
pursuant to 45 CFR §164.526, or take other measures as necessary to satisfy STATE’ obligations
under 45 CFR §164.526;
2.7
Maintain and make available the information required to provide an Accounting of Disclosures to
STATE as necessary to satisfy STATE’ obligations under 45 CFR §164.528;
2.8
To the extent Business Associate is to carry out one or more of STATE’ obligations under Subpart E
of 45 CFR Part 164, comply with the requirements of Subpart E that apply to STATE in the
performance of such obligation(s); and
2.9
Make its internal practices, books and records available to STATE and the Secretary for purposes of
determining compliance with the HIPAA rules within ten (10) business days of a written request by
STATE.
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.
PERMITTED USES AND DISLOSURES BY BUSINESS ASSOCIATE
3.1
Business Associate may only use or disclose PHI as necessary to perform the services and
obligations set forth in the underlying Contract;
3.2
Business Associate may use or disclose protected health information as required by law;
3.3
Business Associate agrees to make uses and disclosures and requests for protected health
information consistent with minimum necessary requirements;
3.4
Business Associate may not use or disclose protected health information in a manner that would
violate Subpart E of 45 CFR Part 164 if done by STATE, except for the specific uses and
disclosures set forth below in (3.5 and 3.6);
3.5
Business Associate may use protected health information for the proper management and
administration of the Business Associate or to carry out the legal responsibilities of the Business
Associate; and
3.6
Business Associate may provide data aggregation services relating to the health care operations of
STATE.
4.
PROVISIONS FOR STATE TO INFORM BUSINESS ASSOCIATE OF PRIVACY PRACTICES AND
RESTRICTIONS
4.1
STATE shall notify Business Associate of any limitation(s) in the STATE Notice of Privacy Practices
under 45 CFR §164.520, to the extent that such limitation may affect Business Associate’s use or
disclosure of PHI;
4.2
STATE shall notify Business Associate of any changes in, or revocation of, the permission by an
individual to use or disclose his or her PHI, to the extent that such changes may affect Business
Associate’s use or disclosure of PHI; and
4.3
STATE shall notify Business Associate of any restriction on the use or disclosure of PHI that STATE
has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction
may affect Business Associate’s use or disclosure of PHI.
5.
TERM AND TERMINATION
5.1
Term: This Addendum is effective upon the effective date of the underlying Contract and shall
terminate on the date STATE terminates the contract for cause as authorized in Section 5.2, or for
any other reason permitted under the contract, whichever is sooner.
5.2
Termination for Cause: Business Associate authorizes termination of the Contract by STATE if
STATE determines that Business Associate has breached a material term of this Addendum and
Business Associate has not cured the breach or ended the violation within the time specified by
STATE.
5.3
Obligations of Business Associate Upon Termination: Upon termination, cancellation, expiration or
other conclusion of the Contract, Business Associate, with respect to PHI received from STATE, or
created, maintained, or received by Business Associate on behalf of STATE, shall:
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
5.3.1
Retain only that PHI which is necessary for Business Associate to continue its proper
management and administration or to carry out its legal responsibilities;
5.3.2
Destroy or return to STATE all remaining PHI that the Business Associate still
maintains in any form;
5.3.3
Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part
164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than
as provided for in this Section, for as long as Business Associate retains the PHI;
5.3.4
Not use or disclose the PHI retained by Business Associate other than for the
purposes for which such protected health information was retained and subject to the
same conditions set out in this Addendum that applied prior to termination; and
5.3.5
Destroy or return to STATE the PHI retained by Business Associate when it is no
longer needed by Business Associate for its proper management and administration
or to carry out its legal and contractual responsibilities.
5.4
Survival: The obligations of Business Associate under this Section shall survive the
termination of the Contract.
6.
INDEMNIFICATION AND MISCELLANEOUS
6.1
Indemnification: Business Associate shall indemnify, hold harmless and defend STATE from
and against any and all claims, losses, liabilities, costs, civil and criminal penalties, and other
expenses resulting from, or relating to, the acts or omissions of Business Associate, its
employees, agents, and sub-contractors in connection with the representations, duties and
obligations of Business Associate under this Addendum. The parties’ respective rights and
obligations under this Section shall survive termination of the Contract.
6.2
Complete Agreement: If the Business Associate is not awarded a Contract at the end of the
Solicitation process (BPM001416), this BAA shall constitute the entire agreement of the State
and Business Associate with respect to the State data given to Business Associate during the
Solicitation process. The State and Business Associate have not made any representations,
warranties, inducements, or oral agreements except as expressly set forth herein. Business
Associate and the State may not change, modify, or rescind this BAA except in writing, signed
by Contractor and the Procurement Officer.
6.3
Exclusive Remedy: This BAA shall be the exclusive source of remedy for any claim arising out
of the subject matter of this BAA.
6.4
Successors: This BAA shall be binding upon, and inure to the benefit of, any successors and
assigns of the State and Business Associate.
6.5
Regulatory References: A reference in this Addendum to a section in the HIPAA rules means
the section as in effect or as amended.
6.6
Amendment: The parties agree to take such action as is necessary to amend this Addendum
from time to time as is necessary for compliance with the requirements of the HIPAA rules or
any other applicable law.
Request for Proposal
Solicitation No. BPM005633
Foreign Language Interpretation and Translation Services
Arizona Department of
Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
6.7
Interpretation: Any ambiguity in this Addendum shall be interpreted to permit compliance with
the HIPAA rules.
6.8
Governing Law: This Addendum and any action related thereto shall be governed by and
interpreted under the laws of the State of Arizona. The parties expressly consent to the
jurisdiction and venue of the state and federal courts of Phoenix, Arizona for any action arising
from or related to this Addendum.
Business Associate hereby acknowledges receipt
and acceptance of this HIPAA Business Associate
Agreement and that a signed copy must be filed
with the Procurement Office.
Signature Date
Printed Name
____________________________________
Title
Name of Contractor / Vendor
The above referenced HIPAA Business Associate
Agreement is hereby executed this __________
day of _______________ 2022 by the Department
of Administration, on behalf of the State of Arizona
Benefit Options Health Care Plans subject to
HIPAA Privacy and Security.
Statewide Procurement Manager
________________________________
Printed Name
Bonaventura A. Cavaliere
10/19/2023
Chief Financial Officer
Language Line Services, Inc.