General Information Regarding Contract Interpreters and Translators

When state departments contract for on-site and/or off-site foreign and sign language interpretation and translation services, they should specify, in detail, the language services to be performed. This information is to clarify the differences between interpreter and translation services and to identify some of the requirements departments should include when contracting for these types of services.

Definition of Services:

The differences between translation and interpretation services are related to the circumstances under which translators and interpreters perform their work. The translator provides "read and written" services, whereas the interpreter provides "heard and spoken" services. Each of these two services require specific knowledge, skills and abilities related to the language pairs (e.g., Spanish to English and English to Spanish).

Interpreters must grasp ideas spoken and heard only once. They must be able to express these ideas in the other language instantly, accurately, and completely; in appropriate style; and with the intent of the original speaker. There are two types of interpretation to be performed -- "simultaneous" and "consecutive".

In "simultaneous" interpretation, the interpreter interprets information at the same time it is spoken. There is a few seconds' delay between the spoken word and the interpretation, but for all practical purposes, the interpretation is provided simultaneously with the original speaker. This type of interpretation is typically performed in situations such as conferences and hearings, and is the type of translation commonly utilized by Sign Language interpreters.

The second type is "consecutive" interpretation in which the interpreter listens to spoken statements of varying length in one language, and at the conclusion of the statement, translates it orally into another language. This type of interpretation requires the interpreter to take in the information, mentally retain it, and accurately transfer it into another language from which it was spoken.

Interpretation requires the interpreter to have immediate recall, and make split second decisions about words and concepts with sole responsibility for them. This type of interpretation is utilized for telephone-based interpretation services and in-person contacts with Limited-English Proficient (LEP) persons.

Translators must translate the written word accurately and in the same spirit and style as it appears in the original text. Translated documents are subject to close scrutiny, since they memorialize information into a written product. Translation work requires a great deal of research to insure accuracy of nuances, subject-matter detail, and to retain fluency.

Qualified Interpreters and Translators:

Interpreters and translators utilized to perform any services under contract must be deemed qualified for the services to be performed. The department should specify the service to be performed, including but not limited to, the required language competency level of the interpreter or translator and any subject-matter expertise required. The department should ensure that only qualified interpreters and translators are utilized. The qualifications of the translator or interpreter should be identified by the department taking into consideration any applicable legal requirements.

Interpreters utilized in legal/court, administrative and medical hearings or proceedings may be subject to Government Code Sections 11435 and 68560 - 68566. Except as stated in law, the department should develop required minimum qualifications for contract interpreters and translators. The SPB has developed some sample minimum qualifications (Certification of Interpreter or Translator ) that state departments can utilize to substantiate the qualifications of interpreters and/or translators.

In addition to the required qualifications, interpreters and translators must demonstrate accuracy, fluency, subject-matter knowledge, and a wide breadth of language knowledge in both of the language pairs. The level of competency in the language pairs required by interpreters and translators must include an understanding of:

(1) The phenomenon that may exist in one language, but there may be no word-for-word equivalent for it in the other language. This includes the ability to transfer the information in a manner that ensures the spirit and intent is retained.

(2) Cultural differences that make ideas easily expressed in one language difficult to make understood in the other language. This requires the ability to determine if the cultural flavor of a message should be retained or if it should be delivered in the cultural setting of the intended audience.

State departments may contact the State Personnel Board, Bilingual Services Program for assistance in evaluating and assessing interpreter and translator service requirements.

Statement of Work:

A written description of the work to be performed under the CMAS contract should include a Specification and Performance Standards, which clearly identifies the specifics of the interpreter and/or translation services to be performed.

Code of Ethics, Professional Conduct and Confidentiality Statement:

State departments should request the contractor to provide a signed copy of a Code of Ethics, Professional Conduct and Confidentiality Statement. This is written documentation to certify that the contractor ensure its interpreters and/or translators agree to uphold specified ethical standards and conduct, and exercise an acceptable measure of discretion in maintaining confidentiality.

Ownership of Work:

The state department requesting services should ensure that it specifies that it will retain ownership of all translated documents and products produced under the contract. Translations should be identified as being the property of the state department and shall not be copied, reproduced or utilized for any purpose, without the written consent of the department. Translators should have the right to retain file copies only when agreed to by the state department, and it does not infringe upon an individual's rights to confidentiality.