STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SUNCOAST REGION INVITATION TO BID ITB # 23AC17001 LANGUAGE INTERPRETATION SERVICE

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1 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SUNCOAST REGION INVITATION TO BID ITB # 23AC17001 LANGUAGE INTERPRETATION SERVICE Release Date: JANUARY 31, 2017 MAIL OR DELIVER BIDS TO: Lois Admire Department of Children and Families Contract Management Unit, Suite North Florida Avenue Tampa, FL DCF ITB: 23AC

2 TABLE OF CONTENTS SECTION 1. INTRODUCTION Introduction to the Procurement Statement of Purpose Term of the Agreement Contact Person and Procurement Manager Definitions Supporting Documentation Additional Instruction Small, Minority, and Florida Certified Veterans Business Participation... 6 SECTION 2. ITB PROCESS General Overview of the Process Official Notices and Public Records Protests and Disputes Limitations on Contacting Department Personnel and Others Schedule of Events and Deadlines Solicitation Conference Call Written Inquiries Notice of Intent to Submit a Bid Receipt of Bids Form PUR 1001 (APPENDIX XII) Department s Reserved Rights SECTION 3. SPECIFICATIONS Mandatory Requirements Minimum Programmatic Specifications Minimum Financial Specifications Funding for Services Only Preferred Pricing Vendor Registration in MyFloridaMarketPlace Financial Consequences Intellectual Property Composition of the Contract Order of Precedence SECTION 4. INSTRUCTIONS FOR RESPONDING TO THE ITB How to Submit a Bid Content of the Bid DCF ITB: 23AC

3 4.3 Public Records and Trade Secrets SECTION 5. THE SELECTION METHODOLOGY Application of Mandatory Requirements Evaluation Methodology Reserved Rights Posting Notice of Award Reserved Rights After Notice of Intent to Award APPENDIX I: NOTICE OF INTENT TO SUBMIT A BID APPENDIX II: CERTIFICATE OF SIGNATURE AUTHORITY APPENDIX III: VENDOR S CERTIFICATIONS APPENDIX IV: QUESTION SUBMITTAL FORM APPENDIX V: MANDATORY REQUIREMENTS CHECKLIST APPENDIX VI: LANGUAGES APPENDIX VII: FINANCIAL (Cost) PROPOSAL BID PRICE SHEET...39 APPENDIX VIII: FINANCIAL COST BID CONSIDERATIONS APPENDIX IX: BID TABULATION APPENDIX X: CONFIDENTIALITY STATEMENT APPENDIX XI: PUR APPENDIX XII: PUR DCF ITB: 23AC

4 SECTION 1. INTRODUCTION 1.1 Introduction to the Procurement The Department of Children and Families (Department), SunCoast Region is issuing this solicitation for the purpose of obtaining language interpretation services to be provided to the Department s non-english speaking and Limited English Proficient (LEP) clients throughout the SunCoast Region under one service agreement. Any person interested in submitting a bid must comply with any and all terms and conditions described in this Invitation to Bid (ITB). 1.2 Statement of Purpose The Department intends to purchase language interpretation services from a single qualified vendor who will provide these services throughout the SunCoast Region which includes the following circuits and counties: Circuit 6: Pinellas and Pasco Circuit 13: Hillsborough Circuit 12: Manatee, Sarasota and DeSoto Circuit 20: Charlotte, Collier, Glades, Hendry and Lee The Department SunCoast Region currently incurs language interpretation costs of $ 0.59 (fifty-nine cents) per minute of telephone language interpretation service. The total demand for telephone interpretation services during the first year of any agreement produced from this ITB has been estimated at approximately 242,660 service unit minutes. 1.3 Term of the Agreement The anticipated start date of the resulting agreement is July 1, The anticipated duration of the agreement is five years after the start of service. The contract may be renewed for a period not to exceed three (3) years or for the term of the original contract, whichever period is longer. Such renewal shall be made by mutual agreement and shall be contingent upon satisfactory performance evaluations as determined by the Department and shall be subject to the availability of funds. Any renewal shall be in writing and shall be subject to the same terms and conditions as set forth in the initial contract including any amendments. The Department reserves the right to increase or decrease the volume of services, to add service tasks that are incidental or complimentary to the original scope of services, and/or expend these services to additional Regions, Circuits and Counties throughout the State, based on the availability of funds, satisfactory performance, and demand for services. 1.4 Contact Person and Procurement Manager This ITB is issued by the State of Florida, Department of Children and Families. The sole contact point for all communication regarding this ITB is: Florida Department of Children and Families Lois Admire Mailing Address: Florida Department of Children and Families 9393 North Florida Ave, Suite 500 Tampa, FL Lois.Admire@myflfamilies.com DCF ITB: 23AC

5 All contact with the Procurement Manager shall be in writing via electronic mail, U.S. Mail, or other common courier. 1.5 Definitions Specific terms related to this solicitation are defined as follows: TERM Access Code Agreement, Contract, Direct Order (DO), Purchase Order (PO) DEFINITION A number given by the Vendor to the Department program office so the Department can receive interpretation services. For the purpose of this procurement, the words agreement, contract, direct order and purchase order have been used interchangeable to describe a vehicle to be used to document agreement to the terms and conditions contained herein and the manner by which the selected Vendor will be paid. Business Day Circuit Department Designated Area or Unit Limited English Proficient (LEP) Interpretation Program Office SunCoast Region Telephone Interpretation User Information Packet A regular work day, Monday through Friday, from 8:00 a.m. to 5:00 p.m., local time in Tampa, Florida, that is not a state holiday. A specific geographical area of the Department of Children and Families (formerly referred to as Districts) which are aligned to match the local judicial circuit court system. The State of Florida, Department of Children and Families (DCF). A designated area may consist of a specific program office, specific office location or operational unit, or any combination thereof. Difficulty speaking, writing, or understanding the English language because an individual s native language is a language other than English. The appropriate transfer and transmission of culturally based linguistic messages from one language and rendering it into another. To translate spoken words orally and simultaneously (or consecutively) via telephone from a non-english language into English, or to translate spoken words from English into a non-english language to assist the communication between the Department and a client. Program Offices within the DCF that will use interpretation services provided through this contract to assist in providing services to DCF clients. A DCF program office must possess Vendor issued access codes that allow the DCF program office to receive services through the agreement. DCF program office The eleven (11) counties that comprise the geographical area of the Department of Children and Families SunCoast Region. These counties are: Pasco, Pinellas, Hillsborough, Manatee, Sarasota, DeSoto, Charlotte, Lee, Hendry, Glades, and Collier counties. The SunCoast Region is further subdivided into multiple circuits aligned to coincide with the local judicial circuit court system. A toll-free telephone/conference call connection available twenty-four hours a day, seven days a week, 365 days a year, to translate spoken words orally and simultaneously (or consecutively) via telephone from a non- English language into English, or to translate spoken words from English into a non-english language to assist the communication between a client and the Department. Packet containing access information care, language sheet, or other pertinent information for customer. DCF ITB: 23AC

6 1.6 Supporting Documentation Additional Instruction This table lists the supporting documentation, and the associated link to download the supporting documentation.. Subject Description Link PUR Form 1001 (Appendix XII) PUR Form 1000 (Appendix XI) PUR Form 1001 PUR Form 1000 General Contract Conditions ownload/1907/8062/version/9/file/1001.doc 06/ Small, Minority, and Florida Certified Veterans Business Participation Small Businesses, Certified Minority and Florida Certified Veteran Business Enterprises are encouraged to participate in any scheduled conferences, conference calls, pre-solicitation, or pre-proposal meetings. All vendors shall be accorded fair and equal treatment. SECTION 2. ITB PROCESS 2.1 General Overview of the Process Bids that meet the Mandatory Requirements of this ITB and are otherwise responsive will be eligible for evaluation. Following the evaluation and the Secretary s decision regarding the recommended ranking, the Department will post a notice of intended contract award, identifying the vendor(s) selected for award. Final agreement terms will be established with the selected vendor(s). 2.2 Official Notices and Public Records Notices Regarding the ITB All notices, decisions, intended decisions, addenda and other matters relating to this procurement will be electronically posted on the Department of Management Services (DMS) Vendor Bid System (VBS) located at: To find postings at such location: 1. Click on Search Advertisements 2. Under Agency select Department of Children and Families 3. Scroll down to the bottom of the screen and click on Initiate Search It is the responsibility of prospective vendors to check the VBS for addenda, notices of decisions and other information or clarifications to this ITB Public Records All electronic and written communications pertaining to this ITB, whether sent from or received by the Department, are subject to the Florida public records laws located in Chapter 119, Florida Statutes. Section 4.3 addresses the submission of trade secret and other information exempted from public inspection. 2.3 Protests and Disputes Any protest concerning this solicitation shall be made in accordance with subsections (3) and (2), Florida Statutes, and Chapter , Florida Administrative Code. DCF ITB: 23AC

7 Failure to file a protest within the time prescribed in subsection (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.4 Limitations on Contacting Department Personnel and Others General Limitations Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state approved holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. As part of a response to a Department request for additional or clarifying information, vendor representatives may communicate directly with other Department personnel or consultants identified by the Procurement Manager for such purposes Violation of Contact Limitations Violations of Section 2.4 of this ITB will be grounds for rejecting a bid, if determined by the Department to be material in nature. 2.5 Schedule of Events and Deadlines Activity Date Time Eastern ITB advertised and released on Florida VBS: Notice of Intent to Submit a Bid *Solicitation Conference (Call) to be held: Submission of written inquiries must be received by: Anticipated date for posting Department's Response to Inquiries: 1/31/2017 Tuesday 2/7/2017 Tuesday 2/7/2017 Tuesday 2/7/2017 Tuesday 2/9/2017 Thursday 5:00pm 10:00am 11:00am 5:00pm 5:00pm Address DMS VBS Electronic Posting site: _www.main_menu Attn: Lois Admire Procurement Manager Dept. of Children & Families 9393 North Florida Ave, Suite 500 Tampa, FL Electronic mail: Lois.Admire@myflfamilies.com Dept. of Children & Families 9393 North Florida Ave, Suite 501 Tampa, FL Conference Line: Code: then press # Attn: Lois Admire Procurement Manager Dept. of Children & Families 9393 North Florida Ave, Suite 500 Tampa, FL Electronic mail: Lois.Admire@myflfamilies.com DMS VBS Electronic Posting site: _www.main_menu Section Reference DCF ITB: 23AC

8 Activity Date Time Eastern Sealed Bid must be received by the Department: *Bid Opening and Review of Mandatory Requirements: Anticipated posting of Intended Agreement Award: Anticipated Effective Date of Contract: 2/27/2017 Monday 2/27/2017 Monday 3/7/2017 Tuesday July 1, :00pm 1:30pm 5:00pm Address Attn: Lois Admire Procurement Manager Dept. of Children & Families 9393 North Florida Ave, Suite 500 Tampa, FL Dept. of Children & Families 9393 North Florida Ave, Suite 501 Tampa, FL DMS VBS Electronic Posting site: _www.main_menu Section Reference 2.9, N/A N/A 1.3 *All vendors are hereby notified that meetings noted with an asterisk above (*) are public meetings open to the public and may be electronically recorded by any member of the audience. Although the public is invited, no comments or questions will be taken from vendors or other members of the public (except for the Solicitation Conference, during which comments and questions will be taken from vendors). All times in the event schedule are local times for the Eastern Time Zone. Although the Department may choose to use additional means of publicizing the results of this ITB, posting on the VBS is the only official notice recognized for the purpose of determining timeliness in the event of protest. 2.6 Solicitation Conference Call The purpose of the Solicitation Conference Call is to review the ITB with interested vendors. The Department encourages all prospective vendors to participate in the Solicitation Conference Call, during which prospective vendors may pose questions. The Solicitation Conference Call, for this ITB, will be held at the time and date specified in Section 2.5. Participation in the Solicitation Conference Call is not a pre-requisite for acceptance of replies from prospective vendors. The Department shall be only bound by written information that is contained within the solicitation documents or formally posted as an addendum or a response to questions. 2.7 Written Inquiries Other than during the Solicitation Conference, prospective vendor questions will only be accepted if submitted as written inquires to the Procurement Manager as specified in Section 1.4, via electronic mail, U.S. Mail, or other delivery service, and received on or before the date and time specified in Section 2.5. Vendors should use the template provided DCF ITB: 23AC

9 in APPENDIX IV of this ITB to submit written inquiries. Written inquires will not be accepted by facsimile. The responses to all inquiries will be made available by the date and time specified in Section 2.5 through electronic posting on the VBS at: Notice of Intent to Submit a Bid Vendors who are interested in responding to this ITB are encouraged to send a Notice of Intent to Submit a Bid (Appendix I) to the Procurement Manager specified in Section 1.4, on or before the date and time specified in Section 2.5. Submission of a Notice of Intent is not a pre-requisite for acceptance of replies from prospective vendors. 2.9 Receipt of Bids Bid Deadline Replies must be received by the Department no later than the date/time and at the address provided in Section 2.5. At the sole discretion of the Department, any replies that are not received at the specified address, by the specified date and time, may be not be evaluated. All methods of delivery or transmittal to the Department s contact person remain the responsibility of the prospective vendor and the risk of non-receipt or delayed receipt shall be borne exclusively by the prospective vendor Binding Bid By submitting a bid, each vendor agrees its bid shall remain a valid offer for at least ninety (90) calendar days after the bid opening date and, in the event the contract award is delayed by appeal or protest, such ninety (90) calendar day period is extended until entry of a final order in response to such appeal or protest Changes to Bids After Submission Prohibited Once the bid opening deadline has passed, no changes, modifications, or additions to the bids submitted will be accepted by or be binding upon the Department until the Department initiates negotiations or requests supplemental replies. The Department reserves the right to correct minor irregularities, but is under no obligation to do so Receipt Statement Bids that are not received at either the specified place by the specified date and time will be rejected and returned unopened to the vendor by the Department. The Department will retain one unopened original for use in the event of a dispute Application of Mandatory Requirements A vendor must comply with all Mandatory Requirements in order to be considered for selection under this ITB. The mandatory requirements for this ITB are set forth in Section The Procurement Manager will examine each bid to determine whether the bid meets the Mandatory Requirements specified in Section A bid that fails to meet the Mandatory Requirements will be deemed nonresponsive and will not be evaluated Meeting the Mandatory Requirements alone will not impact any ranking in the bid comparison process. DCF ITB: 23AC

10 An initial determination that a bid meets the Mandatory Requirements does not preclude a subsequent determination of non-responsiveness Request to Withdraw Bid A written request to withdraw a bid, signed by the vendor, may be considered if received by the Department within 72 hours after the bid opening time and date as specified in Section 2.5 above. A request received in accordance with this provision may be granted by the Department upon proof of the impossibility to perform based upon an obvious vendor error Cost of Preparation of Bid By submitting a bid, a vendor agrees that the Department is not liable for any costs incurred by the vendor in responding to this ITB Form PUR 1001 (APPENDIX XII) The standard General Instructions to Respondents Form PUR 1001 (10/06) is hereby incorporated into this ITB by reference as if fully recited herein. Sections 3, 4, 5, 14, and 18 of Form PUR 1001 are not applicable to this solicitation. In the event of any conflict between Form PUR 1001 and this ITB, the terms of this ITB shall take precedence over Form PUR 1001, unless the conflicting term is required by Florida law, in which case the term contained in Form PUR 1001 shall take precedence. Form PUR 1001 (APPENDIX XII) and is also available at: Department s Reserved Rights Waiver of Minor Irregularities The Department reserves the right to waive minor irregularities when doing so would be in the best interest of the State of Florida. A minor irregularity is a variation from the terms and conditions of this ITB which does not affect the price of the bid or give the vendor a substantial advantage over other vendors and thereby restrict or stifle competition and does not adversely impact the interest of the Department. At its option, the Department may correct minor irregularities but is under no obligation to do so. When correcting minor irregularities, the Department may request vendor to provide clarifying information or additional materials to correct the minor irregularity. However, the Department will not request and the vendor shall not provide additional materials that affect the price of the proposal or give the vendor an advantage or benefit not enjoyed by other vendors Rejection of All Bids The Department reserves the right to reject all replies at any time, including after an award is made when doing so would be in the best interest of the State of Florida, and by doing so assumes no liability to any vendor Withdrawal of ITB The Department reserves the right to withdraw the ITB at any time, including after an award is made, when doing so would be in the best interest of the State of Florida, and by doing so assumes no liability to any vendor. DCF ITB: 23AC

11 Reserved Rights After Notice of Award The Department reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award and reopen negotiations with any vendor at any time prior to execution of a contract Other Reserved Rights The Department reserves all rights described elsewhere in this ITB. SECTION 3. SPECIFICATIONS The selected Vendor(s) shall perform the tasks and be compensated in the manner set forth in the resulting agreement/purchase order in accordance with all terms thereof. 3.1 Mandatory Requirements The vendor must meet the requirements of Section A bid that fails to meet the Mandatory Requirements will be deemed nonresponsive and will not be evaluated. 3.2 Minimum Programmatic Specifications General Statement The resultant agreement will require the successful vendor to provide verbal telephone language interpretation services Authority The successful vendor must comply with all applicable federal laws, state statutes and associated administrative rules as may be promulgated or amended from time to time Scope of Service The Vendor will provide language interpretation services, which have been authorized by the Department through an access code, subject to the availability of funds The Vendor shall perform verbal language interpretation, via telephone conference calls, connecting 95% of all incoming requests with an interpreter within 10 minutes of any non-english language, to include but not limited to those outlined on Appendix VI, via human interpreters The services specified in this resultant agreement shall be available, twentyfour (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year, in the Suncoast Region, consisting of the following counties: DeSoto, Lee, Collier, Charlotte, Hendry, Sarasota, Hillsborough, Pasco, Pinellas, Manatee and Glades Major Program Goal The major program goal is to enhance communication and improve the Department s service delivery to non-english speaking and Limited English Proficient clients of the Department Client General Description/Eligibility/Determination/Limits This is a non-direct client agreement Task List DCF ITB: 23AC

12 Languages. Language interpretation shall be available for all non-english languages including, but not limited to, those listed on Appendix VI Orientation Materials/User Information Packets. The Vendor shall develop and disseminate orientation materials/user information packets to the Department Units/employees that will be accessing interpretation services, at no additional cost to the Department which shall include but are not limited to: Explaining the process by which to activate the interpretation services; Describing the telephone interpretation procedures; Setting up access codes Access Code. An access code shall be provided to each unit within the Department utilizing interpretation services Interpretation. Telephone interpretation services shall be delivered within 10 minutes of request via human interpreters; twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days a year Interpretation Documentation. The following information shall be maintained for each interpretation service provided and be made available to the Department upon request: Name and access code of the requesting unit; The language being interpreted; Date the request was received; Number of minutes from request until connection with an interpreter; Number of minutes of the interpretation; and Name of the interpreter; All telephone interpretations shall be recorded and maintained with prior permission of the client Ongoing Training. The Vendor agrees to provide training workshops to Department Units/employees that will be accessing interpretation services, as requested by the Department and at no additional cost to the Department Task Limits The Vendor is not authorized to perform any services under the resultant agreement other than those listed in Section Service Tasks without the express written consent of the Department Services shall be limited Department requests in the Suncoast Region, unless otherwise authorized by the Department in writing Services are limited to the availability of funds Staffing Levels The vendor shall maintain an applicable administrative organizational structure and support staff sufficient to discharge its contractual responsibilities. DCF ITB: 23AC

13 3.2.9 Professional Qualifications The Vendor shall ensure staff maintains related minimum professional qualifications necessary to perform contractual responsibilities Staffing Changes The Vendor shall notify the Department, within 10 business days, of a change to the designated Vendor contact person and any anticipated staffing changes that may affect service delivery, as stipulated in this ITB and the resultant agreement The Vendor shall replace, any employee, whose continued presence would be detrimental to the success of the project, as determined by the Department, with an employee of equal or superior qualification. The Department will exercise exclusive judgment in this matter Subcontractors The Vendor may enter into subcontract(s) for the performance of certain and specific functions under the agreement. The Vendor shall include, in all subcontracts (at any tier) the substance of all clauses contained in this ITB and the resulting agreement that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Vendor s performance being performed by or through the subcontract Subcontractor(s) known at the time of the bid submission shall be identified in the Vendor s bid to the ITB Service Delivery Location All services shall be made available to assist Department staff located in the Suncoast Region Service Times The Vendor shall provide telephone language interpretation services via human interpreters, twenty-four (24) hours a day, seven (7) days a week, three hundred sixtyfive (365) days of the year Changes in Location The Vendor shall notify the Department in writing a minimum of ten (10) calendar days in advance of any changes in the street address or mailing address, telephone number, electronic mail address, or facsimile number that affects the Department s ability to contact the vendor and access services Equipment The Vendor shall supply and maintain, at its own expense, all equipment necessary to perform under, conduct and complete the agreement, including but not limited to computers, telephones, copiers and fax machines including supplies and maintenance, as well as needed office supplies Deliverables Service Unit DCF ITB: 23AC

14 A service unit is one (1) minute of telephone interpretation service via human interpreter. The successful Vendor shall deliver telephone language interpretation services on a per minute basis as needed of any non-english language as requested by Department staff through an access code Records and Documentation To the extent that information is utilized in the performance of this agreement or generated as a result of it, and to the extent that information meets the definition of Public Records in section , F.S., said information is hereby declared to be and is hereby recognized by the parties to be public records and absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by an interested person upon request as provided in subsection (2)(f), F.S. It is expressly understood that the Vendor s refusal to comply with Chapter 119, F.S., shall constitute an immediate breach of the agreement. The Vendor will be required to promptly notify the department of any requests made for public records Unless a greater retention period is required by state or federal law, all documents pertaining to this shall be retained by the Vendor for a period of six years after its termination or longer as may be required by any renewal or extension of the agreement. During the records retention period, the Vendor agrees to furnish, when requested to do so, all documents required to be retained. Submission of such documents must be in the format determined by the Department. The Vendor shall maintain such records in whatever reasonable format is required by the Department at the time, at the Vendor s expense. Data files will be provided in a format readable by the Department The vendor agrees to maintain the confidentiality of all records required by law or administrative rule to be protected from disclosure and further agrees to hold the Department harmless from any claim or damage, including reasonable attorney s fees and costs, or from any fine or penalty imposed as a result of an improper disclosure by the Vendor of confidential records, whether public records or not, and promises to defend the Department against the same at its expense The vendor shall maintain all records required to be maintained pursuant to this agreement, including recorded telephone language interpretations, in such a manner as to be accessible by the Department upon demand. Where required by applicable law, access by the public shall be permitted without delay Recorded telephone language interpretations shall be considered records of the Department and shall follow applicable rules and regulations. Recorded interpretations shall be made available upon request at no additional cost to the Department and formatted as stated above Upon demand, at no additional cost to the Department, the Vendor will facilitate the duplication and transfer of any records or documents during the term of this agreement and the required retention period above. These records shall be made available at all reasonable times for inspection, review, copying, examination, or audit by Federal, State, or other personnel duly authorized by the Department, regardless of the form in which kept. DCF ITB: 23AC

15 Reports The Vendor shall submit to the Department, at minimum, the invoice and reports as specified in the table below. Report Title Monthly Request for Payment of Services (Invoice) Monthly Summary Report detailing the number of service units provided by language and Department area/unit Monthly Performance Data Report Reporting Frequency Monthly Monthly Monthly Report Date Due Within 15 days of the end of the month of service Within 15 days of the end of the month of service, to be submitted with the invoice. Within 15 days of the end of the month of service, to be submitted with the invoice. Number of Copies Due 1 electronic and 1 hard copy DCF Office Address to Receive Report TBD; Office of Economic Self Sufficiency 9393 North Florida Ave, Suite 700; Tampa, FL The Department and the successful Vendor will coordinate the format of the invoice and reports outlined in the resultant agreement. The format of the reports may be revised without requiring an amendment to the agreement. The Vendor and Department will coordinate any such report revisions Delivery of reports shall not be construed to mean acceptance of those reports; acceptance, in writing, of required reports shall constitute a separate act and shall be approved by the Department s agreement manager as such. The Department reserves the right to reject reports as incomplete, inadequate or unacceptable. The Department, at its option, may allow additional time within which the Vendor may remedy the objections noted by the Department or the opportunity to complete, make adequate, or acceptable The Vendor shall submit all reports as detailed above. In case of an anticipated delay in meeting this requirement, the Vendor shall submit a written justification for the delay and a request for an extension to the Department prior to the expiration of the submission deadline. Only submittals received by the due date or pursuant to an approved extension will be considered timely. All due dates not specifically identified are calendar days The Vendor shall provide additional reporting pertaining to the services rendered upon request by the Department Performance Performance Measures DCF ITB: 23AC

16 95% of requests for telephone interpretation services will be connected to the language interpreter within 10 minutes Description of Performance Measurement Terms Request - The act of the Department contacting the Vendor and requesting interpretation services Performance Evaluation Methodology The calculation of performance measure number one (1) above shall be determined using the following: The number of requests for telephone interpretation services connected to an interpreter within 10 minutes divided by the total number of requests for telephone interpretation services Performance Standards Statement. By execution of the agreement the Vendor hereby acknowledges and agrees that its performance under the agreement must meet the standards set forth above and will be bound by the conditions set forth in this agreement. If the Vendor fails to meet these standards, the Department, at its exclusive option, may allow a reasonable period, not to exceed six months, for the Vendor to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time, and if no extenuating circumstances can be documented by the Vendor to the Department s satisfaction, the Department must terminate the agreement. The Department has the sole authority to determine whether there are extenuating or mitigating circumstances. The Vendor further acknowledges and agrees that during any period in which the Vendor fails to meet these standards, regardless of any additional time allowed to correct performance deficiencies, payment for deliverables may be delayed or denied and financial consequences may apply Random Surveys The Department may conduct random surveys or structured surveys during the term of the agreement to gauge a variety of factors regarding the Vendor s provision of services including satisfaction, responsiveness, and professionalism Vendor Responsibilities The Vendor is solely and uniquely responsible for the satisfactory performance of the tasks described in the resultant agreement. By accepting the agreement the successful vendor recognizes the singular responsibility for the tasks, activities and deliverables described herein and warrants that it has fully informed itself of all relevant factors affecting the accomplishment of the tasks, activities and deliverables and agrees to be fully accountable for the performance thereof The Vendor shall be knowledgeable of and fully comply with all State and Federal laws, rules and regulations as amended that effect or may affect the resulting agreement The Vendor may request written technical assistance from the Department s designated contact when deemed necessary to facilitate compliance with the resultant agreement requirements. The Department s failure to provide such technical assistance does not relieve the successful vendor of its responsibilities to DCF ITB: 23AC

17 ensure compliance with all state and federal laws, rules, and regulations or performance under the terms of this resultant agreement Confidentiality Statement. Due to the sensitivity of the Department information and data, the successful vendor shall require all employees to read and sign a Confidentiality Statement, (Appendix XI), prior to performing any duties under this agreement. A copy of such statement shall be maintained in the staff members employment file and made available to the Department upon request E-Verify. Pursuant to Executive Order issued by the Governor s Office, the successful Vendor, if not already registered, will be required to register for the Federal E-Verify system as specified in any resulting contract Insurance. The successful Vendor shall not commence any work in connection with this agreement until all insurance coverage has been obtained and verification of said insurance has been submitted to the Department The successful Vendor shall comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164), as applicable to this project The Vendor shall comply with all other applicable federal laws, state statutes and associated administrative rules as may be promulgated or amended from time to time Coordination with Other Vendors/Entities Upon the effective date of the resulting agreement, the successful vendor may be required to coordinate some tasks with external entities and/or organizations, as appropriate The failure of other Vendors, entities, or subcontractors to cooperate or properly perform service does not relieve the successful vendor of any accountability for tasks or services that the successful vendor is obligated to perform The Vendor will be monitored on its performance of all tasks and special provisions of the agreement. The Vendor may be monitored in accordance with Children and Families Operating Procedure 75-8, Policies and Procedures of Contract Oversight. A copy of which may be obtained from the contact person listed in Section 1.4 of this ITB Department Obligations. Upon request, the Department shall provide technical assistance and expertise in an expeditious manner when problems and/or issues arise regarding policy questions, timeframes, and other related topics Department Determinations. The Department has reserved the exclusive right to make certain determinations in these specifications. The absence of the Department setting forth a specific reservation of rights does not mean that all other areas of the resulting agreement are subject to mutual agreement. The Department reserves the right to make any and all determinations exclusively which it deems are necessary to protect the best interests of the state of Florida and the health, safety, and welfare of the clients who are served by the Department either directly or through any one of its subcontracted Vendors. DCF ITB: 23AC

18 Agreement Renewal. The resulting agreement may be renewed for one term not to exceed three (3) years, or for the term of the original agreement, whichever period is longer. Such renewal shall be contingent upon satisfactory performance evaluations as determined by the Department and be subject to the availability of funds. Any renewal shall be in writing and shall be subject to the same terms and conditions as set forth in the initial agreement. 3.3 Minimum Financial Specifications Funding Sources General revenue and trust fund programs will fund the agreement resulting from this ITB. The State of Florida s performance and obligation to pay under any resultant agreement is contingent upon an annual appropriation by the State Legislature Funding Amount A unit of services is one (1) minute of telephone language interpretation. The resulting agreement will be a fixed rate (unit rate) agreement based on the Vendor s proposed service unit rate and the total proposed cost as indicated on the Financial (Cost) Proposal (Bid Price Sheet), Appendix VII. The Department will pay the Vendor for the delivery of services rendered in accordance with the terms of this ITB and the resultant agreement. The number of service units will vary from one state fiscal year to the next state fiscal year. The total demand for telephone interpretation services during the first year of any agreement produced from this ITB has been estimated at approximately 242,660 service unit minutes. These are service unit estimates and do not constitute a guaranteed number of minutes, however the successful Vendor shall be capable of handling a minimum of the estimates set forth in Appendix VIII, Financial Cost Bid Considerations When configuring the cost for services units, the vendor shall include all tasks associated with Section 3.2 of this ITB. All other costs, including but not limited to staffing, office space, equipment, etc., must be included in the service unit cost. No additional costs will be reimbursed by the Department under any agreement produced from this ITB. To assist interested Vendors in calculating the cost of providing the requested services the Department has provided in Appendix VIII, Financial Cost Bid Considerations, the historical service data provided through the current agreement for Fiscal Year Invoicing and Payment of Invoices The method of payment is fixed rate (unit cost) denoting a flat fee or rate charged per unit of service. A unit of service is one (1) minute of interpretation service The successful vendor shall request payment on a monthly basis through the submission of a properly completed invoice within fifteen calendar (15) days following the end of the month for which payment is being requested, in sufficient detail for a proper pre-audit and post-audit One (1) original copy and one (1) electronic copy of the invoice is required. DCF ITB: 23AC

19 Payment due under the agreement may be withheld until performance of services and all reports due from the Vendor and necessary adjustments thereto, have been approved by the Department The Department will have up to five (5) working days from receipt of the invoice to approve, disapprove in its entirety, or disallow certain proposed expenditures listed. Approved invoices will be processed expeditiously for prompt payment. Disallowance of the deliverables will result in the rejection of the invoice. The Department will specify, in writing, the reason(s) for rejection and corrective action(s) that must be taken by the vendor in order to process the invoice for payment. The vendor will have five (5) working days from the date of rejection of the initial invoice to correct and resubmit it for payment Performance Measure for Acceptance of Deliverables: 95% of requests for telephone interpretation services will be connected to the language interpreter within 10 minutes The final invoice for payment shall be submitted to the Department no more than 45 days after the agreement ends or is terminated. If the Vendor fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period Advance Payment Not applicable to the resultant agreement Allowable Costs When configuring the cost for services units, the vendor shall include all tasks associated with Section 3.2 of this ITB. All other costs, including but not limited to staffing, office space, equipment, etc., must be included in the service unit cost. No additional costs will be reimbursed by the Department under any agreement produced from this ITB. 3.4 Funding for Services Only There will be no funds awarded or associated with the resulting contract for start-up or readiness activities. Such costs will be borne exclusively by the successful vendor. 3.5 Preferred Pricing The Vendor represents and warrants that the prices and terms for its service under the resultant agreement are no less favorable to the Department than those for similar services under any existing contract with any other party. The Vendor further agrees that, within 90 days of Vendor entering into a contract or contract amendment or offering to any other party services similar to those under the resultant agreement under prices or terms more favorable than those provided in the resultant agreement with the Department, the Vendor will report such prices and terms to the Department, which prices or terms shall be effective as an amendment to the agreement upon the Department s written acceptance thereof. Should the Department discover such other prices or terms, the same shall be effective as an amendment to the agreement with the Department retroactively to the earlier of the effective date of the agreement resulting from this ITB (for other contract in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. DCF ITB: 23AC

20 3.6 Vendor Registration in MyFloridaMarketPlace In order to be paid, each vendor doing business with the state must register in the MyFloridaMarketPlace system and pay the required transaction fees, unless exempted under Rule 60A-1030(3), Florida Administrative Code. Vendors not subject to registration requirements should include proof of exemption from registration. Failure to include either proof of registration or exemption will not prevent the evaluation of the bid; however, proof of registration or exemption must be provided prior to execution of the contract, if any. 3.7 Financial Consequences If the Vendor fails to perform in accordance with the agreement or meet the minimum level on the performance measures specified in Section above, the Department will apply financial consequences. Financial consequences shall be equal to two (2) percent of the total amount of the agreement and equally divided among the performance measures in specified in section above. The parties agree that the penalties constitute financial consequences under sections (1)(h) and (1)(c), Florida Statute. The foregoing does not limit additional financial consequences, which may include but not limited to refusing payment, withholding payments until deficiency is cured, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated damages to the extent that this agreement so provides, or termination of this agreement and requisition of services from an alternate source. Any payment made in reliance on the Vendor s evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment to the extent of such error. 3.8 Intellectual Property It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to the awarded vendor s performance under the resultant agreement, and the performance of all of its officers, agents and subcontractors in relation to the resultant agreement, are works for hire for the benefit of the Department, fully compensated for by the agreement amount, and that neither the vendor nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of the agreement. It is specifically agreed that the Department shall have exclusive rights to all data processing software falling within the terms of section , F.S., which arises or is developed in the course of or as a result of work or services performed under the agreement, or in any way connected therewith. Notwithstanding the foregoing provision, if the vendor is a university and a member of the State University System of Florida, then section , F.S., shall apply If the Vendor uses or delivers to the Department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items specifically listed in the agreement as having specific limitations, the compensation paid pursuant to the agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by the agreement. For purposes of this provision, the term use shall include use by the Vendor during the term of the agreement and use by the Department, its employees, agents or contractors during the term of the agreement and perpetually thereafter. DCF ITB: 23AC

21 3.8.3 All applicable subcontracts shall include a provision that the Federal awarding agency reserved all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Vendor or one of its subcontractors is a university and a member of the State University System of Florida, then section , F.S., shall apply, but the Department shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. 3.9 Composition of the Agreement The agreement awarded as a result of this ITB will be a Purchase Order/Direct Order composed of: MyFloridaMarketPlace Direct Order/Agreement The Department will issue a direct order agreement from MyFloridaMarketPlace containing general contract terms and conditions required by the Department for all vendors Statement of Work The Department will attach to the direct order a statement of work that will contain agreement terms and conditions governing the performance of the work, the required deliverables and performance measures, financial consequences for poor or nonperformance, and compensation Form PUR 1000, General Contract Conditions (APPENDIX XI) Form PUR 1000 is incorporated by reference into this ITB. The Form PUR 1000 contains standard terms and conditions that will apply to the contract which results from the solicitation. Form PUR 1000 (APPENDIX XI) is also available at: Other Attachments or Exhibits All other attachments and exhibits to the contract referenced in this ITB shall also be part of the resulting contract, if any Order of Precedence In the event of conflict among the foregoing contract documents, the following order of precedence will apply. The bid submitted in response to this ITB and any additional submittals may be incorporated into or attached to the contract but will not change the provisions or order of precedence outlined below The MyFloridaMarketPlace direct order and statement of work Any documents incorporated into any exhibit by reference PUR Form The vendor s bid and any additional submittals, if incorporated into or attached to the agreement ITB 23AC17001 as incorporated into the agreement. DCF ITB: 23AC