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REQUEST FOR PROPOSAL (RFP)

RFP Proposal #07-018A

NEW YORK STATE EDUCATION DEPARTMENT

Title:   Translation of New York State Examinations

The New York State Education Department (NYSED) is seeking proposals for the purpose of translating into five (5) languages, select New York State Examinations (Regents Examinations, Regents Competency Tests and Elementary and Intermediate Level Examinations) and related materials, including but not limited to, scientific reference and mathematics tables, glossaries and any future examinations or examination forms that may be published. The languages are: Chinese (Traditional), Haitian Creole, Korean, Russian, and Spanish.  Bids will only be accepted from vendors who agree to translate all of the examinations and examination materials into all of the languages stated.  Eligible applicants include companies that have a minimum of three (3) years professional experience in providing error-free translations of secure standardized achievement tests and test related materials including the preparation of translated text and graphics for illustrations.  Subcontracting will be limited to thirty percent (30%) of the annual contract budget.  Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.  NYSED encourages the use of minority/women-owned business enterprises as both prime contractors and subcontractors. Please see the section of this RFP for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy. NYSED will award one (1) contract with a term of three (3) years with the option to renew for two (2) additional one (1) year periods. The original contract period will be from September 1, 2008 through August 31, 2011.

This RFP is a reissue of #07-018 - Translations of New York State Examinations previously released on October 1, 2007.

Mandatory Requirements:

For Mandatory Requirements, see the Mandatory Requirements section of the RFP.

Proposals that do not include the signed Mandatory Requirements Certification (see 5.  Submission Documents) will be disqualified and removed from further consideration.

Components contained in RFP Proposal #07-018A are as follows:

1. Description Of Services To Be Performed
2. Submission
3. Evaluation Criteria and Method of Award
4. Assurances
5. Submission Documents (separate document)

Questions regarding the request must be submitted by e-mail to EMSCTRANSRFPINFO@mail.nysed.gov no later than the close of business April 4, 2008. Questions regarding this request should be identified as either Program or Fiscal.   A Questions and Answers Summary will be posted to http://www.emsc.nysed.gov/compcontracts/compcontracts.htm no later than  April 14, 2008.

Eight (8) copies of the technical proposal (one bearing an original signature), including eight (8) CDRs of translated sample exam pages and three (3) copies of the cost proposal (one bearing an original signature) must be received no later than:

(Facsimile copies of the proposals are NOT acceptable)

Submit in a sealed envelope labeled Bid Proposal - RFP #07-018A Do Not Open

Submit Cost Proposals in a separate sealed envelope labeled

Cost Proposal – RFP #07-018A Do Not Open

1.)     Description of Services to be Performed

Work Statement and Specifications

This section of the bid package details the services and products to be acquired.  Please note that the contract process also includes general New York State administrative terms and conditions, as well as terms and conditions required by New York State law.  These terms and conditions address issues related to both the submission of bids and any subsequent contract; they are included separately in this bid package for your information.  Please review all terms and conditions.

Description of Work

The New York State Education Department (NYSED) is requesting proposals for translation of select State examinations as follows:

Regents Examinations                 Elementary/Intermediate              RCTs
Chinese (Traditional);                     Chinese (Traditional)               Chinese (Traditional)
Haitian Creole;                                 Haitian Creole                       Haitian Creole
Korean;                                              Spanish                              Korean; and
Russian; and                                                                                                        Spanish
Spanish

In addition to examinations, related materials, including but not limited to, scientific and mathematics reference tables, glossaries and future examinations and/or examination forms, are included.

As guides in preparing new test translations, the vendor should use NYSED bilingual glossaries, translated reference tables and translations of past editions of these tests available online at (www.nysedregents.org/testing/hsregents.html and www.nysedregents.org/testing/eleminttests.html).  NYSED uses QuarkXpress 6.5 or 7 and editable exported freehand art files on a Mac platform (OS X) in English to supply to vendors. In using these guides, the vendor must consult with NYSED when the vendor believes that the term found in the guides would not provide the best translation.

NYSED will provide all examinations and related materials to the vendor as they are developed.  The vendor will have two (2) weeks from the date it receives each test form and related material to complete the translation of the examination and related material, complete its internal review of the translation, correct any errors found and return the final proof hard copy and pdf prepress translation file of the test form or test related materials to NYSED.

Native translated authoring files (QuarkXpress 6.5 or 7 file-Mac version) are required by NYSED.

Mandatory Requirements: Deliverables

1. The vendor must provide NYSED with final proof hard copy and high-resolution pdf format files with all fonts embedded in the pdf file.  The pdf files must be in black plate with no colors and no lower than 600dpi (dots per inch) and no art compression. In addition, the vendor must submit the final translated QuarkXpress file of the exam and all related art files (either in Freehand MX or Illustrator CS2 or higher) to NYSED.
2. All pages must be single sided and numbered (except the cover).
3. The vendor must use Mac version of QuarkXpress 6.5 or 7 (OS X) to typeset the translated examination.
4. The vendor must submit native translated QuarkXpress 6.5 or 7 files plus all associated fonts and native translated art files (either in Freehand MX or Illustrator CS2 or higher), the high resolution pdf and a hard copy to NYSED upon completion of accepted final version by NYSED.
5. The vendor selected must cooperate fully with designated NYSED staff to perform all activities.
6. All plans and proposed activities conducted during the period of contract must receive prior approval from NYSED.
7. All translations of all languages must be physically performed in a secure, company-leased or owned location.
8. All examination and related test materials are to be held strictly confidential and must not be copied, duplicated, or disseminated by any manner including e-mail and fax or discussed with anyone other than persons authorized by NYSED.
9. The successful vendor and staff must sign a written agreement assuring the originality and confidentiality of all work and discussions carried out under this contract after the contract is awarded.
10. The vendor must produce and provide to NYSED a "translation stylebook" for each language and for each exam subject. These stylebooks shall keep commonly translated terms consistent from exam to exam and prevent unnecessary errors in translations.
11. Original translations must be checked by a second reviewer, proofread and discrepancies resolved before submission to NYSED.
12. If the examination contains graphics, all labeled items on the maps, charts, diagrams or other graphics must be translated except “source”.
13. All invoices submitted for payment must include dates of services and an itemized list of activities by language and examination cross walked to the budget contained in the executed contract.
14. NYSED will provide any corrections using a written log and the vendor is expected to make corrections within three days, review the log and either make each of the corrections or provide a written explanation of why the correction should not be made.
15. The vendor is the final authority on what is correct for the translation.

Mandatory Requirements: Submission

1. The vendor must adhere to the Security Guidelines for the New York State Assessment Program, which is included in Attachment A of this RFP.  All vendors must describe their security procedures in handling large scale testing products.  Test materials (hard copy and QuarkXpress files and log sheets, art files, pdf) must be shipped overnight in locked boxes via a delivery service that has online tracking capabilities which would also show the name of the person who accepted the delivery to/ from the vendor and to/from vendor’s subcontactors.  All original English edition examinations and examination materials that are secure must be returned to NYSED using the same method. 
2. Translations must be performed by qualified professional translators. Qualifications should include Masters and/or Ph.D. in content subject area. The vendor must submit each translator’s resume or vitae. For each translated exam and associated file (e.g., answer booklets, reference tables), the vendor must identify the translator of the materials when materials are sent to NYSED for review.
3. The proposal must describe the vendor’s data disaster recovery plan. Should the vendor’s facility (office space and computers) be compromised either by theft, hacking or natural disasters, what is the vendor’s data disaster recovery plan? How do you insure NYSED that you can recover NYSED translated material from a disaster (natural or otherwise) in a timely fashion?

Translation Stylebook

The vendor must produce and provide to NYSED a "translation stylebook" for each language and for each exam subject. These stylebooks shall keep commonly translated terms consistent from exam to exam and prevent unnecessary errors in translations.  These stylebooks shall contain the following: 

1. Commonly used translated pages, such as Exam Covers, Sample Questions, Directions, Answer Booklet/Sheet pages.
2. Commonly used terms for each subject: Mathematics, Global History and Geography, US History and Government, Earth Science, and Living Environments.

For example, a stylebook entry of the social studies stylebook - Spanish edition can be the following:

English: "Base your answer to question 1 on the map below and on your knowledge of social studies."
Spanish: "Base su respuesta a la pregunta 1 en el siguiente mapa y en sus conocimientos de estudios sociales."

With the vendor's assistance, NYSED will identify the commonly used translated pages and terms. This is a cooperative effort by both NYSED and translation vendor. These stylebooks shall be considered "living documents," subject to approved updates and revisions by NYSED.

Considerations and Other Issues

Upon completion or termination of the contract awarded as a result of this RFP, the vendor will use its best efforts to assist NYSED in completing a seamless transition to any successive vendor and/or NYSED.  This shall include, but not be limited to, assisting NYSED in developing and implementing a feasible transition plan in advance of the anticipated expiration, cancellation or termination of the contract.

The vendor agrees to cooperate fully with any successive vendor and NYSED and refrain from any activity that would interfere with the successful implementation of the transition plan and a seamless transition.  The vendor shall provide (a) all items, reports, and materials owned by NYSED in the vendor’s possession, and (b) any information reasonably useful to and requested by NYSED in developing a Request for Proposal for a successive vendor, prior to the expiration, cancellation, or termination of the contract.

The vendor will work with NYSED to determine the optimum format of providing files and information that will optimize the reuse of these files and information by any successive vendor. The vendor will also provide NYSED with a list of all computer programs and software tools necessary to allow an end user to read and export any files provided by the vendor under this contract.

Deliverables and Timetables

The examinations to be translated and the time schedules for the translations are as follows:

                                                                        # of Pages of English
                                                                        (approx) per
Title                                                                 Administration (page
                                                                        count includes ancillary     Anticipated
                                                                        test related materials)          Administration Month
                                                                       
Mathematics Examinations,
including but not limited to,
Mathematics A and Integrated Algebra
Regents Examinations                                           24-36                          January, June, August

Science Examinations, including
but not limited to: Physical Setting/
Earth Science (2 Booklets, Regents
Examination)                                                       32-36                          January, June, August
Earth Science Performance Regents                   20-22                          January, June, August                  
Living Environment (Biology) (Regents
Examination)                                                        24-32                          January, June, August

Grade 4 Science (Elementary level test)*
                                                                            18-20                          April
Grade 8 Science (Intermediate level
test)*                                                                    26-28                          April

Social Studies Examinations,
 including but not limited to:
Global History and Geography Regents
Examination                                                             20-28                          January, June, August
US History and Government Regents
Examination                                                             20-28                          January, June, August
US History and Government Regents
Competency Test (up to 2 Booklets)                     24-36                          January, June, August
Global Studies Regents Competency
Test (up to 2 Booklets)                                            24-36                          January, June, August
Grade 8 Social Studies*                                          32-40                          June
(Intermediate level test, 2 Booklets)
Grade 5 Social Studies*                                         32-40                          November
(Elementary level test, 2 Booklets)                      

NOTE:  At times there is a need to translate reference tables for Physical Setting/Earth Science which are typically 18-20 pages in length.

This above listing is subject to change as exams are added or deleted at the discretion of NYSED.

* These examinations are translated into three languages only [Chinese (Traditional), Haitian Creole and Spanish].

The Regents Examinations for the January and June administrations are translated into five (5) languages.  The Regents Examinations for the August administration are translated into Spanish only.

The Regents Competency Tests are translated into the following four (4) languages; Chinese (Traditional), Haitian Creole, Korean and Spanish.

The Elementary/Intermediate Level examinations for April, June and November administrations are translated into the following three (3) languages: Chinese (Traditional), Haitian Creole, and Spanish.

It is anticipated that the vendor will receive the test forms and related materials from NYSED as follows:

September 1-October 10 for examination administration in November
October 15-December 15 for examination administration in January
February 1-March 30 for examination administration in April
February 1-May 10 for examination administration in June
June 30-July 20 for examination administration in August

Archived editions of previously translated Regents Examinations can be found at
http://www.nysedregents.org/testing/scire/regenlelang.html.
http://www.nysedregents.org/testing/hsregents.html.
http://www.nysedregents.org/testing/eleminttests.html.

Project Management

The vendor must submit thorough documentation demonstrating personnel experience and expertise congruent with staff assignments for all aspects of the tasks outlined in the RFP. The vendor shall provide plans and procedures for ensuring that staffing is commensurate with the project’s scope of work throughout the duration of the contract and promptly notify NYSED of any changes in staffing. All changes in staffing are subject to approval by NYSED.
Detailed and sufficient information should be presented to NYSED as to the efficacy of the proposed staffing solutions for this project and organizational arrangements of the same.  This information must include:

• An organizational diagram that indicates staffing arrangements for this project.
• The secure company-leased or -owned location where all translations will take place, including physical address, mailing address (if different), phone and fax numbers.
• The time commitments of the proposed staff. Time commitments must be described in terms of projected hours per week devoted exclusively to the NYSED project.
• A detailed description of responsibilities for all proposed staff including detailed resumes for all staff members associated with this project.
• The contractor will maintain continuity of the staff which includes the staff performing the translations throughout the course of the contract.  All changes in staff will be subject to NYSED approval.  Any replacement staff must have comparable skills to those staff members they are replacing.

The vendor must identify a project manager to be the central point of contact with NYSED for this contract. The project manager and all other key personnel of the vendor must be identified by name and experience in writing to NYSED. 

Project Manager Duties:

• Coordinate and participate in bi-annual status meetings in Albany and monthly conference calls to discuss project status and any issues related thereto. All status meetings will be 1/2- day in duration.  The first bi-annual meeting will be a start up meeting at the beginning of the contract. 
• Maintain accurate, up-to-date information of the current status of all vendor work on the project, and communicate such information to NYSED in a timely manner.
• Develop and submit an annual detailed project plan sixty (60) days after the first bi-annual meeting to NYSED for review and sign-off.  The purpose of the plan is to provide NYSED with an overall analysis of the methods the vendor will utilize to perform all aspects of the RFP and contract in the required timeframe.  The vendor will not perform work on the project until NYSED has accepted the vendor’s project plan.
• Submit all deliverables and other work products to NYSED in the manner designated by NYSED for review and approval.  All translated materials (especially test booklets, manuals, and documents) must be provided error-free. The project manager must submit translated materials to NYSED according to a mutually agreed upon timeline to allow for appropriate review.
• In the event that a problem or potential problem arises with regard to the quality, timeliness, or any other issue with respect to deliverables and services at any time during the contract term, regardless of when the problem arises, the project manager must immediately notify NYSED via telephone, e-mail and in writing of the issue and shall also include the issue and proposed solution should be included on the subsequent report(s).

NYSED Responsibilities

NYSED shall have approval authority over all aspects of this project including, but not limited to, the following:

• All translated material, products, and services produced by the vendor.  This includes, but is not limited to; all test forms (test booklets and answer documents), brochures, guides, manuals, and any and all other printed materials produced for this project. 
• Any changes to staff assigned to the project, including project manager, after award date of the contract and commencement of work for the duration of the contract.
• Any change orders. Any changes to services, deliverables, or timelines under this procurement must be in accordance with a written description clearly justifying the need for the change and identifying all rationale for the change (Change Order), which both parties must sign before any work is begun. All Change Orders are subject to entire NYSED approval process which includes approval by New York State Office of the State Comptroller. The vendor should not begin work related to any change order until it has received approval from both NYSED and the Office of the New York State Comptroller.

Security Requirements

All vendors must describe their security measures for handling high stakes testing products.  This includes secure storage and shipment of all examination materials in locked boxes provided by NYSED usinga delivery service that has online tracking capabilities which would also show the name of the person who accepted the delivery. NYSED requires vendors to ship in this manner with no electronic transfer of examinations or examination related materials, unless authorized by NYSED to do so on a case-by-case basis.  Electronic transfer includes transfer via e-mail, internet or facsimile (FAX).  Security guidelines developed by NYSED for managing secure materials are set forth in Attachment A and must be reflected in the vendor’s procedures.  To maintain security NYSED requires that all translations of languages be performed in a company-leased or -owned location. 

Ban on the Use of Internet-based Translation Resources

The vendor shall not use Internet-based translation resources (including, but not limited to, online translation dictionaries, online translation services). Using Internet-based translation resources and/or placing NYSED exam material on any website is a violation of NYSED security protocols.

Terms and Conditions

1. All translated examinations and examination related materials become the property of NYSED. All materials translated or revised under this proposal may not be duplicated, copied or disseminated in any manner other than authorized by NYSED nor may they be discussed with anyone other than persons specifically authorized by NYSED. All such outputs are to be turned over to NYSED in print and pdf format file, as specified by NYSED, on a basis of no less frequently than once per year.
2. NYSED may amend the specifications of the proposal after its release with appropriate notice to all vendors.
3. NYSED will contact references to check vendor’s qualifications.
4. All translated products submitted to NYSED must be accurate and error free as specified in this RFP. Failure to provide accurate and error free translations will result in NYSED invoking the monetary penalty described as follows:
5. NYSED has exacting standards for its examinations and expects that all translations provided by the vendor will be completely free of errors.  If an error is found in the translation(s) provided by the vendor which requires NYSED adjustments in what constitutes an acceptable student response for an examination question, or the elimination of an examination question from consideration in scoring, NYSED will reduce by twenty-five percent (25%) the agreed upon remuneration to the vendor for the translation of that examination form or related materials.

Ownership

NYSED is the sole owner of all products resulting from the work proposed in this RFP, including, but not limited to, examinations and examination related materials, and translated examinations and related materials. 

All such outputs are to be turned over to NYSED in print and pdf format file, as specified by NYSED. NYSED may accordingly, at its discretion, make public, and may publish on its website, all examinations and related materials noted in the preceding paragraph after administration of the operational examination. The vendor may use such publicly disclosed materials in the same manner as any other party in accordance with the terms posted on NYSED’s website.

Eligibility

Eligible applicants include companies that have a minimum of three (3) years professional experience in providing error-free translations of secure standardized achievement tests and test- related materials, including the preparation of translated text and graphics for illustrations.

CPI

For the two (2) additional one (1) year periods:

The bid prices agreed upon in the current contract may be increased or decreased by the same percentage as the change in the U.S. city average, Consumer Price Index (all items) for All Urban Consumers (CPI-U) during the 12 calendar months ending May 31st of the previous year, as reported by the U.S. Department of Labor Bureau of Labor Statistics in the CPI Detailed Report.

Contract Period

NYSED will award one (1) contract with a term of three (3) years with the option to renew for two (2) additional one (1) year periods. The original contract period will be from (September 1, 2008 through August 31, 2011.)

Extensions for the two (2) additional one (1) year periods would be dependent upon:

• the successful completion of the first three years’ activities;
• funds being allocated for the program in the State budget for the period;
• successful negotiation of a scope of continued services  (which may simply be the continuation of the same services described in the original agreement);
• successful negotiation of associated costs (which may have been pre-determined in the original contract language by limiting rate increases to a specific factor);
• the mutual agreement of both parties; and,
• approval of a contract extension agreement by the NYS Comptroller as described in section 3 of Appendix A, which is contained in this document.

At the end of any contract term otherwise provided for herein, if a replacement contract has not yet been approved in accordance with State law, any contract awarded hereunder may be extended unilaterally by the State, upon notice to the contractor, at the same terms and conditions, including all contract pricing, for a period of one month, if funding is available and/or services are needed.  Additionally, this extension may be for a period of up to three months with the concurrence of the contractor.  However, any extension will terminate immediately upon approval of the replacement contract except where a period for transition of contractors has been previously provided for.

Subcontracting

Subcontracting will be limited to thirty percent (30%) of the annual contract budget.  

Subcontracting is referred to as:  Non-Employee direct personal services which refer to any personal services provided by those individuals that are not on company payroll.  Consultants who are not employees of the vendor are the most common example.  Any data entry work performed by individuals who are not on the vendor's payroll would be considered non-employee direct personal services and would be part of the subcontracting limit.

Any subcontracted company that performs personal services such as envelope stuffing and mailings are considered part of the subcontracting limit. Costs incurred for test form printing and shipping will NOT be subject to the subcontracting limit.  

New York State Education Department’s Minority/ Women-Owned Business Enterprise Procurements Policy

It is the policy of the New York State Education Department to provide certified minority or women-owned business enterprises and small business enterprises with equal opportunity to Department procurements. Article 15-A of the NYS Executive Law, and Section 163 (6) of the NYS Finance Law were enacted to promote fairness in, and greater access to, the procurement process. The Board of Regents and the Commissioner are committed to a workforce that is representative of the many communities we serve, and to business practices which likewise reflect this commitment. Integral to the achievement of these goals is the increased utilization of women and minority-owned enterprises (M/WBEs) as vendors of the goods and services purchased/contracted by the Department.  In doing so, we will further support our mission “To raise the knowledge, skill and opportunity of all the people in New York.

Staff Changes

The Contractor will maintain continuity of all staff (which includes the staff performing the translations) throughout the course of the contract. All changes in staff will be subject to NYSED approval.  The replacement staff must have comparable skills.

2.)     Submission

Documents to be Submitted with this Proposal

This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP.  The New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract.  Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department.  The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP.  This will be followed by various terms and conditions that reflect the specific needs of this project.

Project Submission:

Any proprietary materials considered confidential by the vendor or otherwise exempted from disclosure from the Freedom of Information Law, must specifically be so identified, and the basis for such confidentiality or other exemption must be specifically set forth.

Each proposal submitted in response to this RFP should contain eight (8) copies of the Technical Proposal (one bearing an original signature) including eight (8) CD-Rs of translated sample exam pages and three (3) copies of the Cost Proposal (one bearing an original signature).  All proposals must be received by April 21, 2008 at 3:00 PM in Albany, NY.

The eight (8) CD-Rs are to contain translations of the sample exam pages only.  No other information is to be included on the CD-Rs.

Technical Proposal                                                                                                                       (70 Points)

Your Technical Proposal must include the following:

• Response Sheet for Bids
• All Forms and Assurances located in 5.) Submission Documents including Mandatory Requirements Certification and all signatures where necessary

The Technical Proposal, each section organized as outlined below:

The written proposal should contain the following components and be organized as follows:

1. A narrative statement that describes:

• the secure company-leased or -owned location where all translations will take place, including physical address, mailing address (if different), phone and fax numbers;
• software to be used;
• previous experience with translating text and graphics for large scale test examinations and related materials;
• a work plan that indicates how the vendor is going to translate the examinations and related materials into the languages stated in the RFP;
• the ability to consistently produce error free translations that meet time frames and deadlines outlined in this RFP;
• qualifications of staff who will perform translations;
• a description of their relevant experience; and
• a minimum of three (3) professional references.

2. All vendors must describe their security procedures in handling large scale testing products.
3. Translated sample examination pages (two (2) pages for Science and Mathematics and one (1) page for Global Studies and U.S. History and Government).  Translated pages must be completely accurate and free of errors. Sample examination pages to be used for sample translations are being transmitted with this RFP.

Note: For the vendor’s convenience, electronic file copies of both native English-version QuarkXpress file (Mac) and pdf file of the sample examination pages are being transmitted with this RFP. The vendor will need Stuffit Expander software (Mac) to decompress the .SIT file transmitted with this RFP.

Stuffit Expander software from Stuffit's official website can be downloaded at http://www.stuffit.com/mac/expander/index.html. This software will open the .SIT file.

For all test forms, sample pages must be translated entirely.  All translations must be submitted printed on paper and all computer files (translated QuarkXpress file, associated art files and high-resolution pdf with fonts imbedded) must be submitted on a PC/Mac hybrid CD-R. The sample test pages and one (1) CD-R (containing all previously mentioned files) must be submitted with the proposal.

The vendor must translate:

• The Science Sample (pages 9 and 10) must be translated by the vendor into all of the languages indicated in this RFP. This is the attachment labeled: RCT Science sample. QuarkXpress 6.52 (Mac OS X).
• The Mathematics Sample (pages 9 and 10) must be translated by the vendor into all of the languages indicated in the RFP. This is the attachment labeled: RCT Math sample. QuarkXpress 6.52 (Mac OS X).
• The Global Studies Sample (page 6) must be translated by the vendor into all of the languages indicated in the RFP. This is the attachment labeled RCT Glo. St. sample. QuarkXpress 6.52 (Mac OS X).
• The U S History and Government Sample (page 9) must be translated by the vendor into all of the languages indicated in the RFP.  This is the attachment RCT US sample. QuarkXpress 6.52 (Mac OS X).

Cost Proposal                                                                                                                                 (30 Points)

The completed Cost Proposal should be mailed in a separate envelope labeled RFP #07-018A Cost Proposal Do Not Open and should include the Bid Form Cost Proposal only.

The vendor must submit a cost proposal reflecting the cost per page translated.  The cost per page must include:

• cost of the translation per page of the original text (per regular type English page);
• all shipping costs; and
• all security related costs incurred by the vendor.

The Financial Criteria portion of the RFP will be scored based upon the average Cost per Page for all languages for all three years combined.  (To arrive at the average Cost per Page for all languages for all three years combined – add the Cost per Page for each subject area for all languages in each year – then divide each year’s total by fifteen (15) to arrive at an average Cost per Page for each year.  Once you have arrived at an average Cost per Page for each year, add the three (3) average Cost per Page totals for each contract year and divide by three (3) to arrive at an average Cost per Page for all three (3) contract years.)

Evaluation Criteria and Method of Award

This section begins with the criteria the agency will use to evaluate bids, and closes with the “method of award” or how the contractor will be selected.  This will be followed by various terms and conditions that reflect the specific needs of this project as well as New York State contract guidelines and requirements.

Criteria for Evaluating Bids

An evaluation committee of NYSED staff will complete a review of all proposals submitted. The committee will review each proposal to determine compliance with the requirements described in the RFP. 

All complete proposals received by the deadline will be reviewed using the following criteria and ratings.  Applicants must ensure that all components of this application request have been addressed, the required number of copies has been provided, all forms and assurances have been completed and the original signatures are included as required.

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation.  Do not attach pamphlets, letters of support or other items that are not specifically requested. Clarity and brevity of narrative is encouraged.

If supplemental materials are a necessary part of the technical proposal, the vendor should reference these materials in the technical proposal, identifying the documents(s) and citing the appropriate section and page(s) to be reviewed.

NYSED reserves the right to contact vendors during the technical scoring process for clarification of the proposal.

The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below.  Proposals receiving at least seventy percent (70%) of the points available for the technical proposal (a total of 49 out of 70 points) will move to the next step of the process. Proposals with a score of less than 49 points in the technical proposal section will be eliminated from further consideration.  Each proposal received by the deadline will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:

Technical Criteria                                                                                                                          (70 Points)

• Experience in Successful Translations of Standardized Achievement Tests (15 points)

The proposal must describe the vendor’s experience in consistently providing timely and error-free translation products. The vendor will be rated and scored based upon their quality of experience.

The proposal must demonstrate the experience and competence of the vendor in performing duties described within this RFP for translation services.

• Appropriateness of Work Plan (20 points)

The vendor must submit a detailed workflow management work plan on how it plans to handle and translate NYSED exam material. This plan must address the following questions:

A. Upon receiving NYSED exam material (hard copy of the exam, English-version QuarkXpress file of the exam and associated art files), what happens to the material? Who is authorized to download the material from the NYSED-supplied CD? And where do you store NYSED exam material? And how do you insure that the computers you use are secured from unauthorized access?

B. What is your methodology for translating NYSED material?

C. Who is responsible for typesetting and formatting the translated exam in QuarkXpress? (If selected, the vendor is encouraged to work with NYSED staff to address any formatting concerns).

D. What are your quality control measures to insure that your translation is accurate and appropriate for a particular exam?

The submitted proposal must demonstrate an awareness of New York State’s large scale, high stakes assessment program and the importance of high standards.  The proposal must demonstrate an understanding of the nature of preparing translated text and graphics for illustrations and include a description of the software to be used for text and graphics.  Submission of materials according to a prescribed schedule must also be referenced.

• Quality of Translations (15 points)

The translated sample examination pages (Mathematics, Science, Global Studies and United States History and Government) must be accurate and reflect NYSED’s Office of State Assessment’s formatting standards as indicated in the sample examination pages. NYSED will thoroughly examine both the high-resolution translated pdf file and the translated QuarkXpress file of the sample pages.

• Quality of Appropriate Security Measures (15 points)

The proposal must describe the facilities, document procedures, storage and retrieval, surveillance and shipment for all aspects of the activities proposed.

All work must be performed in a secure company-leased or -owned location and the proposal must describe where that location will be.

The proposal must describe the vendor’s data disaster recovery plan. Should the vendor’s facility (office space and computers) be compromised either by theft, hacking or natural disasters, what is the vendor’s data disaster recovery plan? How do you assure NYSED that you can recover NYSED translated material from a disaster (natural or otherwise)?

Security measures must, at a minimum, be consistent with Security Guidelines for New York State Test Development described within Attachment A of this RFP.

• References and Qualifications (5 points)

The proposal identifies a minimum of three (3) current professional references to substantiate qualifications in translation of test examinations and examination related materials.

Financial Criteria                                                                                                                         (30 Points)

The Financial Criteria portion of the RFP will be scored based upon the average Cost per Page for all languages for all three years combined.

• The financial portion of the proposal represents thirty (30) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
• The agency reserves the right to request best and final offers.
• The submitted budget will be awarded points pursuant to a formula which awards the highest score of thirty (30) points to the budget that reflects the lowest overall cost. The remaining budgets will be awarded points based on a calculation that computes the relative difference of each proposal against the lowest budget submitted. The resulting percentage is then applied to the maximum point value of thirty (30) points.

Method of Award

The aggregate score of all the criteria listed will be calculated for each proposal received.

The contract issued pursuant to this proposal will be awarded to the vendor whose aggregate technical and cost score is the highest among all the proposals rated.

In the event that more than one proposal obtains the highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.

The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.   

Post Selection Procedures

Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract developed by NYSED.  Successful bidders may be subject to audit and should ensure that adequate controls are in place to document the allowable activities and expenditure of State funds.

Vendor Responsibility

State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, the Department must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire.

Vendors are invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System instructions at: http:\\www.osc.state.ny.us/vendrep/systeminit.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us.

For direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. 

Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website: http://www.osc.state.ny.us/vendrep/templates.htm or will receive it with the award letter.

Note: Bidders must acknowledge whether they filed their questionnaire online by checking the appropriate box on the Response Sheet for Bids (5.) Submission Documents).

Consultant Disclosure Legislation

Effective June 19, 2006, new reporting requirements became effective for State contractors, as the result of an amendment to State Finance Law §§ 8 and 163.  As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.

To enable compliance with the law, State agencies must include in the Procurement Record submitted to OSC for new consultant contracts, the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (Form A - see link below). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

Form A:  http://www.osc.state.ny.us/agencies/gbull/g226forma.doc

Chapter 10 of the Laws of 2006 mandates that State agencies must now require State contractors to report annually on the employment information described above, including work performed by subcontractors. The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service.  State Consultant Services Contractor’s Annual Employment Report (Form B - see link below) is to be used to report the information for all procurement contracts above $15,000.  Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31).

Form B: http://www.osc.state.ny.us/agencies/gbull/g226formb.doc

For more information, please visit the OSC web site for G-Bulletin 226 at: http://www.osc.state.ny.us/agencies/gbull/g-226.htm.

Public Officer’s Law Section 73 - Restrictions on the Activities of Current and Former State Officers and Employees

All current and former State employees are prohibited from submitting a bid proposal, as such would violate Public Officer’s Law Section 73 (4)(a), as follows:

4. (a) No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman or firm or association of which such person is a member, or corporation, ten per centum or more of the stock of which is owned or controlled directly or indirectly by such person, shall (i) sell any goods or services having a value in excess of twenty-five dollars to any state agency, or (ii) contract for or provide such goods or services with or to any private entity where the power to contract, appoint or retain on behalf of such private entity is exercised, directly or indirectly, by a state agency or officer thereof, unless such goods or services are provided pursuant to an award or contract let after public notice and competitive bidding. This paragraph shall not apply to the publication of resolutions, advertisements or other legal propositions or notices in newspapers designated pursuant to law for such purpose and for which the rates are fixed pursuant to law.

All other bidders are prohibited from submitting a bid proposal if they employ or subcontract with a current or former State employee, as defined below in Public Officer’s Law 73(i):

(i) The term "state officer or employee" shall mean:
    (i) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis;
    (ii) officers and employees of statewide elected officials;
   (iii) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis; and
   (iv) members or directors of public authorities, other than multistate authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, who receive compensation other than on a per diem basis, and employees of such authorities, corporations and commissions.

Public Officer’s Law Section 73 can be found at http://www.dos.state.ny.us/ethc/POL73.html.

4.)     Assurances

Appendix A – Standard Clause for all New York State Contracts WILL BE INCLUDED in the contract that results from this RFP.  Vendors who are unable to complete or abide by these assurances should not respond to this request.

The documents listed below are included in 5.) Submission Documents, which must be signed by the Chief Administrative Officer.  Please review the terms and conditions.  Certain documents will become part of the resulting contract that will be executed between the successful bidder and the NYS Education Department.

Appendix A – Standard Clause for all New York State Contracts, contains the following two (2) certifications:

MacBride Certification
                        (Signature Required - the form is included in 5.) Submission Documents)

                        Certification-Omnibus Procurement Act of 1992
                        (Signature Required - the form is included in 5.) Submission Documents)

Affirmative Action and Minority/Women Owned Business Enterprise Policy

Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements
(Signature Required - the form is included in 5.) Submission Documents)

                                                                        Attachment A

Security Guidelines for New York State Assessment Program

• Staff (of NYSED and of contractors working with the NYSED Office of State Assessment) responsible for transporting, receiving, handling, distributing to consultants/work groups and committees, and/or coordinating and overseeing test development activities with consultants must be provided appropriate guidance in order to convey the importance of maintaining the security of test items and related materials.
• Secure testing materials must be under the physical control of authorized NYSED personnel or their designated consultants or contractor personnel.  At all times, secure testing materials must be either in a secure storage area, which is inaccessible to other than authorized staff, or in the direct care of authorized staff.  Materials may never be left at a vacant desk, in an unattended NYSED conference room, or in a hotel conference room.
• Contractors must discuss with their NYSED contact person and receive prior approval of arrangements for delivery and storage of secure materials to locations other than the State Education Department or the contractor’s place of business.
• Contractors are required to maintain security by ensuring that all translations of all languages be physically performed in a secure company-leased or -owned location. 
• Contractors must make arrangements for the secure destruction of any materials used during the test development process of which they wish to dispose.
• All copies of test materials must be shipped in NYSED provided locked boxes, using a delivery service that has online tracking capabilities which would also show the name of the person who accepted the delivery.   The locked boxes will be provided to the vendor by NYSED.
• Secure materials may never be e-mailed or faxed nor can they be stored in any storage device without NYSED approval. If there appears to be a compelling reason to do so, prior approval must be obtained in writing from the NYSED Office of State Assessment.
• All staff or consultants who review secure field test or operational test questions or materials that references secure test questions must sign a confidentiality statement to be provided by NYSED before the review.