**RFP Template version 3.01 August 14, 2017 - This RFP template version will be mandatory as of September 14, 2017.**

**Dear RFP authors,

DoIT presents this updated RFP template to aid in producing a complete IT solicitation. As you begin tailoring the document, there are a few items you and all contributors need to know. Please share the following information with all contributors.

As a major update to the prior IT template, we may need to post corrections. Please return to the DoIT website prior to starting any new RFP draft (http://doit.maryland.gov/contracts/Pages/writingITsolicitations.aspx).

You need to understand the basics for how Word’s Styles feature works and apply those styles to the text you paste into this document. Auto-numbering and other formatting in the document is achieved through use of these styles. Please do not manually number ANY requirements. See more styles-related instructions on page 1 (or perform a find for **Word Styles instructions**). Note that ALL requirements are to be numbered (no “simple bullets” or plain paragraphs).

Data entry and tailoring instructions are flagged throughout the document using guillemets (<< and >>, also known as angle quotes). Where the text between the guillemets is one word such as <<solicitationName>>, perform a Word find and replace so that every instance is replaced throughout the document. See the Basic tailoring of RFP data table below for more guidance.

Tip! Perform a find on guillemets to find any remaining tailoring not yet completed.

What’s in this version of the RFP?

Resequenced to align with Statewide RFP template,

Updated security, SOC 2 Type 2, invoicing language among others,

Updated tailoring instructions throughout the document,

Made updates in response to COMAR changes.

Streamlined the contract (Attachment M) and moved most IT-specific content into the RFP. (Important! Do not drop the new Attachment M into an RFP using a prior RFP template!).**

Basic tailoring of RFP data Perform a find and replace on the following text to begin customizing this RFP. Be sure to select “Match Case” in the Word Find/Replace dialog box (Home tab, select Replace button, click More, check Match Case). Remove this Basic tailoring table prior to release. Note: Don’t change the default fields for any information you do not yet know (also we recommend you keep the appropriate line from this table until the substitution is made). **Tip: delete an instruction once you’ve performed the action or associated tailoring. The remaining instructions will act as a reminder to complete the task.**
To insert the correct value of:	Find Text Type exactly as typed below in the find/replace dialog, including brackets << >> where indicated, with “Match Case” selected.	Replace with Text Do NOT include brackets in the “Replace” text
Full name of the department or agency issuing the RFP	<<issuingAgencyName>>	the correct name
Acronym of the department or agency issuing the RFP	<<ISSUINGAGENCYACRONYM>>	the correct acronym
Correct term, such as “Department” or “Agency” used throughout the boilerplate text	<<typeofAgency>>	the correct word (e.g., Department, Agency, Administration, College)
Solicitation Title	<<solicitationTitle>> and again for all caps <<SOLICITATIONTITLE>>	the correct title
Solicitation Number	<<solicitationNumber>> and again for all caps <<SOLICITATIONNUMBER>>	the correct solicitation number
Procurement Officer	<<procurementOfficerName>>	the name of the Procurement Officer
Manager	<<contractManagerName>>	the name of the Contract Monitor
As you progress through the template, perform a find/replace on other values flagged with << to change all similar values throughout the document.

State of Maryland

<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>>)

Request for Proposals (RFP)

<<solicitationTitle>>

RFP Number <<solicitationnumber>>

Issue date: <<issueDate>>

**Remove the following if your TORFP is not a Small Business Reserve TORFP:**

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract.

NOTICE

A Prospective <<offerorType>> that has received this document from a source other than eMarylandMarketplace (eMM) https://emaryland.buyspeed.com/bso/ should register on eMM. See Section 4.2.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

STATE OF MARYLAND

NOTICE TO VENDORS

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: <<solicitationTitle>>

Solicitation No: <<solicitationNumber>>

1.	If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State is simply too complicated. (Explain in REMARKS section)

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Proposal is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

2.	If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS: ____________________________________________________________________________________

____________________________________________________________________________________

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

State of Maryland

<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>>)

Key Information Summary Sheet

Request for Proposals	<<**add as the first word the type of Contract: one of:** Services, IT, Construction, Maintenance, A&W>> - <<solicitationTitle>>
Solicitation Number:	<<solicitationNumber>>
RFP Issue Date:	<<issueDate>>
RFP Issuing Office:	<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>> or the "<<typeofAgency>>")
Procurement Officer:	<<procurementOfficerName>> <<procurementOfficerAddress>>
e-mail: Office Phone:	<<procurementOfficerEmail>> <<procurementOfficerPhoneNumber>>
Proposals are to be sent to:	**Only use ONE of the following three options and delete the other two** <<issuingAgencyLocation>> Attention: <<procurementOfficerName>> **OR** <<procurementOfficerEmail>> **OR** <<submitViaeMM>>**authors, contact your oversight analyst if eMM is desired to update other portions of the RFP boilerplate**
Pre-proposal Conference:	<<preProposalDateAndTime>> Local Time <<preProposalLocation>> See Attachment A for directions and instructions.
Proposal Due (Closing) Date and Time:	<<responseDueDateAndTime>> Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iii).
MBE Subcontracting Goal:	<<mbeGoal>>%**Submit signed PRG showing MBE, VSBE, and SBR values at time of review for any RFP over $50,000** **After completing the MBE Subgoal Worksheet pursuant to the MBE Subgoal Guidance, (i) insert the subgoal amounts for the applicable subgroups. If after the completion of the MBE Subgoal Worksheet no subgoals are established, then the following should be included instead, in black font: ** <<with no subgoals.>> **OR** with the following subgoals: <<mbeAfricanAmericanownedSubgoal>>% for African-American MBEs, <<mbeAsianAmericanSubgoal>>% for Asian-American MBEs, <<mbeHispanicAmericanownedSubgoal>>% for Hispanic-American MBEs, and <<mbeWomenownedSubgoal>>% for Woman-Owned MBEs.
VSBE Subcontracting Goal:	<<vsbeGoal>>%
Contract Type:	<<contractType>> ** e.g., firm fixed price, fixed price with cost adjustment, labor hour, indefinite quantity with fixed unit price. Indicate if a combination of more than one type, e.g. fixed price with cost adjustment, time & materials, Indefinite Quantity with Firm Fixed Prices with Work Orders of Time & Materials and Fixed Price. Example: Indefinite Quantity with Firm Fixed Prices with Work Orders of Time and Materials and Fixed Price**
Contract Duration:	<<basePeriodofPerformance>> base period with <<optionPeriods>> option periods **Enter contract duration including startup period, approximate NTP date and any option periods. Delete reference to option periods if no options are planned. Example: Five (5) year base period with two (2) one-year option periods**
Primary Place of Performance:	<<primaryPlaceofPerformance>> **Agency or building name , full street address, Contractor’s location**
SBR Designation:	<<isAnSBR>>**Yes or No**
Federal Funding:	<<federalFunding>>**Yes or No**
Questions Due Date and Time	**include ony for IT**<<responseDueDateAndTime>> Local Time

Table of Contents – RFP

1	Minimum Qualifications	3

1.1	Offeror Minimum Qualifications	3

2	Contractor Requirements: Scope of Work	3

2.1	Summary Statement	3

2.2	Background and Purpose	3

2.3	Responsibilities and Tasks	3

2.4	Deliverables	3

2.5	Optional Features, Future Work	3

2.6	Service Level Agreement (SLA)	3

3	Contractor Requirements: General	3

3.1	Contract Initiation Requirements	3

3.2	End of Contract Transition	3

3.3	Invoicing	3

3.4	Liquidated Damages	3

3.5	Disaster Recovery and Data	3

3.6	Insurance Requirements	3

3.7	Security Requirements	3

3.8	Problem Escalation Procedure	3

3.9	SOC 2 Type 2 Audit Report	3

3.10	Performance and Personnel	3

3.11	Substitution of Personnel	3

3.12	Minority Business Enterprise (MBE) Reports	3

3.13	Veteran Small Business Enterprise (VSBE) Reports	3

3.14	Work Orders	3

3.15	Additional Clauses	3

4	Procurement Instructions	3

4.1	Pre-Proposal Conference	3

4.2	eMaryland Marketplace (eMM)	3

4.3	Questions	3

4.4	Procurement Method	3

4.5	Proposal Due (Closing) Date and Time	3

4.6	Multiple or Alternate Proposals	3

4.7	Economy of Preparation	3

4.8	Public Information Act Notice	3

4.9	Award Basis	3

4.10	Oral Presentation	3

4.11	Duration of Proposal	3

4.12	Revisions to the RFP	3

4.13	Cancellations	3

4.14	Incurred Expenses	3

4.15	Protest/Disputes	3

4.16	Offeror Responsibilities	3

4.17	Acceptance of Terms and Conditions	3

4.18	Proposal Affidavit	3

4.19	Contract Affidavit	3

4.20	Compliance with Laws/Arrearages	3

4.21	Verification of Registration and Tax Payment	3

4.22	False Statements	3

4.23	Payments by Electronic Funds Transfer	3

4.24	Prompt Payment Policy	3

4.25	Electronic Procurements Authorized	3

4.26	MBE Participation Goal	3

4.27	VSBE Goal	3

4.28	Living Wage Requirements	3

4.29	Federal Funding Acknowledgement	3

4.30	Conflict of Interest Affidavit and Disclosure	3

4.31	Non-Disclosure Agreement	3

4.32	HIPAA - Business Associate Agreement	3

4.33	Nonvisual Access	3

4.34	Mercury and Products That Contain Mercury	3

4.35	Location of the Performance of Services Disclosure	3

4.36	Department of Human Resources (DHR) Hiring Agreement	3

4.37	Small Business Reserve (SBR) Procurement	3

4.38	Bonds	3

5	Proposal Format	3

5.1	Two Part Submission	3

5.2	Proposal Packaging and Delivery	3

5.3	Volume I - Technical Proposal	3

5.4	Volume II – Financial Proposal	3

6	Evaluation and Selection Process	3

6.1	Evaluation Committee	3

6.2	Technical Proposal Evaluation Criteria	3

6.3	Financial Proposal Evaluation Criteria	3

6.4	Reciprocal Preference	3

6.5	Selection Procedures	3

6.6	Documents Required upon Notice of Recommendation for Contract Award	3

7	RFP ATTACHMENTS AND APPENDICES	3

Attachment A.	Pre-Proposal Conference Response Form	3

Attachment B.	Financial Proposal Instructions & Form	3

Attachment C.	Proposal Affidavit	3

Attachment D.	Minority Business Enterprise (MBE) Forms	3

Attachment E.	Veteran-Owned Small Business Enterprise (VSBE) Forms	3

Attachment F.	Maryland Living Wage Affidavit of Agreement for Service Contracts	3

Attachment G.	Federal Funds Attachments	3

Attachment H.	Conflict of Interest Affidavit and Disclosure	3

Attachment I.	Non-Disclosure Agreement (Contractor)	3

Attachment J.	HIPAA Business Associate Agreement	3

Attachment K.	Mercury Affidavit	3

Attachment L.	Location of the Performance of Services Disclosure	3

Attachment M.	Contract	3

Attachment N.	Contract Affidavit	3

Attachment O.	DHR Hiring Agreement	3

Appendix 1. – Abbreviations and Definitions	3

Appendix 2. – Offeror Information Sheet	3

Appendix <<laborCategoriesAppendixNumber>>. Labor Categories	3

Appendix <<laborResumeAppendixNumber>>. Labor Classification Personnel Resume Summary	3

Appendix <<Offeror NDA Attachment Number>>. Non-Disclosure Agreement (Offeror)	3

Appendix <<performanceBondAppendixNumber>>. Performance Bond	3

Appendix <<paymentBondAppendixNumber>>. Payment Bond	3

Appendix <<proposalBidBondAppendixNumber>>. Proposal/Bid Bond	3

Minimum Qualifications

****Word Styles instructions********

This document contains some standard Word “styles” for you to make formatting easier. As you paste in text from other documents, your best bet is to paste the text with NO formatting and then apply the styles. Take advantage of the Word feature “format painter” to mimic formats already in this RFP to text you paste in.

Plain paragraph text: MD Text 0, and if indenting needed MD Text #Indent 1, MD Text #Indent 2, MD Text #Indent 3

X.X Level heading: Heading 2

X.X.X Level heading (when it’s a heading label only): Heading 3

x.x.x Numbering when it’s a requirement: MD Text 1

A., B., C., List: MD ABC

Basic paragraph text: MD Text 0

DoIT requires all list items to be uniquely numbered- do not use “simple” bullets***************

Offeror Minimum Qualifications

**Minimum Qualifications are optional, and including them without a good reason them can inhibit competition. If there are no Offeror Minimum Qualifications for this solicitation, enter only the following sentence for this section and delete the rest: **

There are no Offeror Minimum Qualifications for this procurement.

**If there are Offeror Minimum Qualifications for this solicitation, enter the following language as applicable for this section and insert a numbered list of all Minimum Qualifications. However, they can be used to establish a baseline of certain capabilities or qualifications that an Offeror needs to possess in order to perform the desired work.

Minimum Qualifications are requirements that must be met by an Offeror in order to receive consideration of its proposal, and can include among other things, any licensures or certifications, years of experience, 501(c)(3) status, CBO, and other designations. Minimum Qualifications can be used to establish a baseline of certain capabilities or qualifications that an Offeror needs to possess in order to perform the desired work.

Minimum Qualifications should not include items that are service requirements or deliverables under the Contract; service requirements and deliverables should be detailed in Section 2.

Identify requirements of proof that must be included with an Offeror’s Proposal (e.g., copies of licenses, certificates). Every Minimum qualification must be able to be objectively measured, and must be able to be demonstrated by the Offerors. **

To be considered reasonably susceptible of being selected for award, an Offeror must provide proof with its Proposal that the following Minimum Qualifications have been met:

The Offeror shall have . . .**ex. three (3) years of experience providing …**

As proof of meeting this requirement, the Offeror shall provide with its Proposal . . . (ex. one or more references from the past five years that collectively able to attest to the Offeror’s required years of experience in providing . . .).

The Offeror shall be certified . . .**ex. by the Maryland Insurance Administration as a …. **

As proof of meeting this requirement, the Offeror shall provide with its Proposal . . .**ex. a current certificate issued by the Maryland Insurance Administration evidencing the Offeror’s certification as a . . .”**

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work

Summary Statement

The <<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>> or the "<<typeofAgency>>") is issuing this Request for Proposals (RFP) in order to <<**Enter a brief description of the services to be performed or goods to be furnished. **>>.

It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State.

The <<typeofAgency>> intends to make <<a single award>>**tailor according to the RFP. Replace single award with “up to X awards” if there is the possibility for multiple awards, with “X” being the maximum number of awards. If more than one award is possible based on different Service Categories/Functional Areas or Regions/Counties, state so here. ** as a result of this RFP. See RFP Section 4.9 Award Basis for more Contract award information.

An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

**For a COTS or SaaS solution consider including and tailoring or remove the following language: **

The purpose of this solicitation is to procure a state-of-the-art commercially available COTS application to <<**briefly describe the business need and/or required functionality of the software application**>>.

The State does not wish to procure a software application still under development. The COTS software utilized in the solution shall be operational (i.e., not under development) and generally available by the due date of the Proposal.

**For DoIT-issued contracts only. All other agencies remove this paragraph**The Contract applies exclusively to all entities to which Subtitle 3 of Title 3A of the State Finance and Procurement Article is applicable pursuant to Section 3A-302 of the State Finance and Procurement Article.

A Contract award does not assure a Contractor that it will receive all State business under the Contract.

**NOTE: For procurements with a contract type of indefinite quantity with firm fixed unit prices or indefinite quantify with fixed unit prices subject to adjustment, cost reimbursement, or a combination of indefinite quantity and cost reimbursement, the <<typeofAgency>> may choose to allow non-State of Maryland government entities or organizations to utilize this Contract. In such a case, include the following or similar language of Section below. Please consult with your Assistant Attorney General regarding this Section and the exact wording of the language, especially for contracts with two or more contract type components when “fixed price” is one of the components. **

Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may purchase from the Contractor goods or services covered by this Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity;

Shall not constitute purchases by the State or State agencies under this Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under this Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

Background and Purpose

**Provide a description of the purpose of this solicitation, and any background information that may be helpful to vendors in preparing the responses. A brief summary of this section should be included in Section 2.1 of this solicitation.

Particularly for IT solicitations: Describe the system to be supported. Describe the background and system technology, components, interfaces, etc. that would be pertinent for the Contractor to provide adequate maintenance support. Delete the headings below that aren’t needed.

Clearly indicate what additional resources are supporting this system. Include what business processes it supports, identify users, system products, etc.

HINT: if you are typing “the contractor will” then you are writing requirements. **

Project Goals

**You do not need to keep these headings if they don’t apply**

Current Environment

Existing Hardware

Existing Software

Existing Data/Content Management

Existing Reporting

State Staff and Roles

**Include descriptions of any existing project management office or other management structure that the contractor will be working with. Include as part of the “State responsibilities” any information that is actually assigned to another contractor. Examples include how a change control board is set up, the relationship of different project teams to the contractor. **

In addition to the Procurement Officer and Contract Monitor, the State …………

State Project Manager

The State will provide a State Project Manager who will be responsible for……

The State Project Manager will provide the following: …….

Other State Furnished Roles

**System Admins, DBA, Network Administrator, Other roles? **

Other State Responsibilities

The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under this Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically set forth.

Responsibilities and Tasks

**Insert the Contract specifications into the solicitation here. This is the most important section of the solicitation and the “meat” of the procurement. Any product or service deliverables, milestones, or deadlines must be identified here, including reports specific to the Scope of Work requirements. The specifications must clearly articulate what the State’s requirements are, and readers should understand exactly what the State intends to procure. The specifications need to be clearly written so that payment can be made appropriately, work (un)performed can be identified, and the contractual rights of the State can be enforced. Use the term “Contractor,” not “Offeror,” throughout this Section as these are Contractual requirements. State your requirements in an outline format that is organized logically with proper headings for each main section (e.g. Staffing; Reports), using Word’s styles to generate proper outline formatting to differentiate subsections. **

**Uniquely number and describe every requirement under the RFP for ease of reference. Leverage the established Word Styles to help with numbering.

Do NOT cut and paste text directly from any vendor proposal or vendor submission – adjust any source materials to reflect this template and the agency’s point of view. **

All content in this section is suggested content for IT solicitations- however, not every section will be applicable for IT.**

**You are not required to use the subsections nor the tables as outlined in this Section 2 of the template. Use a requirements organization structure that matches the type of work requested in this RFP.

**Assess the following questions for requirements you may need in your RFP: **

Is there a provision for development and test environments? Some hosting vendors will provide these at no additional cost and some will have pricing models – specify and provide for the environments you need in the requirements and also the Financial Proposal Form

Have you included a requirement provide documentation for the use of the service – Contractor shall provide documentation for use of the service. Contractor shall provide documentation on any administration or configuration the State is allowed to perform.

Are technical support and maintenance covered as part of the service (help services, configuration services)? Are they add-on costs? Specify and provide for these items in both requirements and also the Financial Proposal Form.

Are customization and integrated services included in the costs?

Is training included? What kind of training are you expecting?

Is a Change control process defined? Ask for the change control process the Contractor intends to follow.

Be sure to include transfer of software licenses as part of acceptance criteria for system

**Note for customization of a SaaS: Subscribers of SaaS services do not typically get an opportunity to delay implementation of these services. Also, any customizations (vs. configurations) of a hosted service, even if performed by the SaaS vendor, may result in system issues when a new version of the software or associated components is released. **

Heading for agency requirements

Heading for agency requirements

Heading for agency requirements

Heading for agency requirements

Contractor-Supplied Hardware, Software, and Materials

**Tailor these as appropriate for your needs. You may find that some of these are duplicates to other sections. Edit and move them around Section 2 as appropriate. **

By responding to this RFP and accepting a Contract award, an Offeror specifically agrees that for any software that it proposes for use by the State in response to this RFP, the State will have the right to purchase from another source, instead of from the selected Offeror.

SaaS applications shall be accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based email) or a program interface.

The State shall be permitted limited user-specific application configuration settings.

The Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided, and shall keep all software current.

All Upgrades and regulatory updates shall be provided at no additional cost.

By responding to this RFP and accepting a Contract award, an Offeror specifically agrees that for any software, hardware or hosting service that it proposes for use by the State in response to this RFP, the State will have the right to purchase from another source, instead of from the selected Offeror.

The State requires that the Offeror price individual software modules separately.

The State also requires that the Offeror provide fully functional, generally available software and multiple-user licenses for purchase as needed throughout the life of the Contract.

The Offeror shall install and provide all documentation for the software furnished under this Contract.

**Instructions: If applicable, describe the agency’s strategy under the Contract for acquiring necessary hardware, software, or materials. Modify the following optional text appropriate for this RFP: **

Hardware and software costs procured as part of the RFP cannot exceed 49 percent of the total Contract value.

Material costs shall be passed through with no mark-up by the Contractor.

The Contractor shall prepare software releases and stage at the <<typeofAgency>> for validation in the system test environment. The <<typeofAgency>> will provide authorization to proceed. The <<typeofAgency>> will have the ability to manage the distribution of these releases to the appropriate sites. To support this requirement, the Contractor shall propose, provide and fully describe their solution for updating all sites with any new software releases.

The Offeror shall provide <<manufacturer or provider’s standard warranty for the item. Offeror shall identify the duration of the standard warranty>>. **Adjust this section to clearly state your expectations for any equipment furnished under the contract. For instance, you may specify that you want a warranty for a period coinciding with the duration of the task order. Note that equipment warranty is associated with a PURCHASE, not SaaS or IaaS. ** Any warranty period for goods and services will not commence until acceptance of the products or services by the <<typeofAgency>>. Notwithstanding anything to the contrary, all defective items must be replaced at no additional cost to the State. **Note that with any hardware/software provided under this RFP you may wish to require that the Contractor demonstrate that it is a licensed reseller or distributor of the item. **

Acceptance criteria for hardware –**insert if any specific requirements pertaining to acceptance of equipment. **

Required Project Policies, Guidelines and Methodologies

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting Information Technology projects, which may be created or changed periodically. Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised laws, regulations, policies, standards and guidelines affecting project execution. These include, but are not limited to:

The State of Maryland System Development Life Cycle (SDLC) methodology at: www.DoIT.maryland.gov - keyword: SDLC;

The State of Maryland Information Technology Security Policy and Standards at: www.DoIT.maryland.gov - keyword: Security Policy;

The State of Maryland Information Technology Non-Visual Standards at: http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

**for any RFP that might have MITDP components include the MITDP oversight: **

The State of Maryland Information Technology Project Oversight at: www.DoIT.maryland.gov - keyword: IT Project Oversight;

**Insert any additional policies and guidelines in this list**

Product Requirements

Offerors may propose open source software; however, the Offeror must provide operational support for the proposed software as part of its Proposal.

Offeror shall be authorized to furnish the proposed goods and services. Offerors proposing to resell services of another entity must be authorized by such other entity (See RFP Section 5.3.2.P.2).

No international processing for State Data: As described in Section 3.7 Security Requirements, Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited. **a lot of larger vendors will not agree to this because they want to outsource work. **

Offerors shall clearly indicate which features are part of the base offering and which include additional charges.

Consistent expiration dates: A PO for a service already being delivered to the <<typeofAgency>> under this Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated. **This is intended to allow you to make additional incremental purchases for things such as licenses without having expiration dates that are tied to the date you asked for more licenses. delete if not applicable to your RFP**

Any Contract award is contingent on the State’s agreement, during the Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section 5.3.2.P.2). Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

The Contractor shall not establish any auto-renewal of services beyond the period identified in Contract documents.

In addition to any notices of renewal sent to the <<typeofAgency>>, Contractors shall email notices of renewal to the e-mail address designated by the Contract Monitor.

Maintenance and Support

Maintenance and support, and Contractor’s ongoing maintenance and support obligations, are defined as follows:

**Clearly indicate when maintenance starts, and then make sure that you have crisply defined what the criteria are to know that it has occurred. For instance, if you say “at system startup” then you must define what must occur for “system startup” to have occurred, including what has to be finished by the Contractor, and what the State will do. Also, for systems with multiple production releases, be clear whether maintenance starts at the 1st production release. **

**For all requirements, review for applicability.**

Maintenance commences at the <<___________.>>**for instance, this could be at State acceptance of initial startup activities** Billing for such maintenance and support shall commence after _________________. ** Clearly indicate when maintenance begins. For instance, maintenance could start at State acceptance of initial startup activities. If there is an activity that must be complete before maintenance (and associated billing) can begin, clearly indicate it’s when the State ACCEPTS the deliverable. **

Software maintenance includes all future software updates and system enhancements applicable to system modules licensed without further charge to all licensed users maintaining a renewable software support contract. **Delete if not applicable. If this is SaaS, then this can be tweaked – there are no software support contracts but you can expect updates and upgrades. **

Support shall be provided for superseded releases and back releases still in use by the State.

For the first year and all subsequent Contract years, the following services shall be provided for the current version and one previous version of any Software provided with the Deliverables, commencing upon <<**insert commencement OR cross reference where commencement is already referenced in these requirements**>>:

Error Correction. Upon notice by State of a problem with the Software (which problem can be verified), reasonable efforts to correct or provide a working solution for the problem.

Material Defects. Contractor shall notify the State of any material errors or defects in the Deliverables known, or made known to Contractor from any source during the life of the Contract that could cause the production of inaccurate or otherwise materially incorrect results. The Contractor shall initiate actions as may be commercially necessary or proper to effect corrections of any such errors or defects.

Updates. Contractor will provide to the State at no additional charge all new releases and bug fixes (collectively referred to as “Updates”) for any software Deliverable developed or published by the Contractor and made available to its other customers.

**List Contractor duties and responsibilities. Adjust as appropriate. Review boilerplate text in other sections to ensure consistency and avoid duplication between sections.**

Operations tasks

Virus scans

Activity reporting

User support (Help Desk)

Contractor shall furnish Help Desk services for <<xxxxxxxxxxxxxxx>>

Help Desk services are available during Normal State Business Hours. **adjust if other hours are required. Remember, Normal State Business Hours is a defined term (see Appendix 1). **

Contractor shall utilize a help desk ticketing system to record and track all help desk calls. The ticketing system shall record with a date and timestamp when the ticket was opened and when the ticket was closed.

<<Help Desk services shall be furnished using resources familiar with the State’s account (i.e., calls shall not be sent to a general tier 1 call queue)>>. **if you wish to pay for the resources to not be part of a “pool” of resources for all customers. Otherwise delete this. **

Technical Support**note technical support and help desk are not the same. **

“Technical Support” means Contractor-provided assistance for the services or Solution furnished under this Contract, after initial end-user support confirms a technical issue that requires additional troubleshooting capabilities; sometimes referenced as Tier II – IV support.

Technical Support shall be available during Normal State Business Hours. **adjust if other hours are required. Remember, Normal State Business Hours is a defined term (see Appendix 1). **

The State shall be able to contact a Technical Support team member 24 hours per day, 7 days per week, 365 days per year.

Contractor Personnel providing technical support shall be familiar with the State’s account (i.e., calls shall not be sent to a general queue). **adjust as appropriate. You may pay more for support that isn’t sent to a general queue). **

Contractor shall return calls for service of emergency system issues (see Section 2.6 Service Level Agreement) within one (1) hour.

Calls for non-emergency IT service requests will be returned within three (3) hours or immediately the following day if after Normal State Business Hours. **adjust to match B.**

The State shall be provided with information on software problems encountered at other locations, along with the solution to those problems, when relevant to State software.

Backup

**Decide how backups will be performed, and if you’re interested in having pricing from the Offeror for performing backups, include it as an option in your Financial Proposal Form that you might exercise. Insert information here regarding what the Contractor is expected to perform with regard to Backup/Disaster Recovery (DR).

** SaaS contracts may or may not offer backup and DR as part of its service, or the agency may elect to perform backups. **

**Note that backup time periods need to be synchronized with data retention requirements associated with ending the Contract; see Section 3.2. **

Example language (verify all the language in each sentence is applicable to your contract): **

The Contractor shall:

Perform backups of the web, application, and database servers on a regular basis. This shall include daily incremental backups and full weekly backups of all volumes of servers;

Retain daily backups for one (1) month and weekly backups shall be retained for two (2) years;

Store daily backups off-site.

**OR**

Provide backups of the configuration and data on a regular basis as a Contract option. Contractor shall describe backup services offered, and shall offer pricing for this option in the Financial Proposal Form (Attachment B);

Meet the Recovery Time Objective (RTO) and Recovery Point Objective (RPO) metrics defined in Section 2.6 Service Level Agreement. **note, if you use this as a requirement in the SLAs, be sure to define the terms RTP and RPO in the definitions and ALSO define how they are measured. **

**ALTERNATIVE REQUIREMENTS for backups: **

Perform backups for all application and configuration data that necessary to restore the application to full operability on suitable hardware. The backup shall consist of at least:

Incremental daily backups, retained for one (1) month,

Full weekly backups, retained for three (3) months, and

Last weekly backup for each month maintained for two (2) years;

Maintain one annual backup for at least <<10>> years;

Send the weekly backup electronically to a facility designated by the State;

Encrypt the backups using a shared key;

Perform a backup recovery at least semi-annually; and

Provide on demand support for the State’s recovery of a backup set.

Deliverables

**Adjust the standard language for your RFP. Generally speaking, a deliverable is something that has acceptance criteria (e.g., Timesheets are not deliverables). For SaaS and IaaS, deliverables would include anything produced during the Startup period and monthly reports.

Agencies must remain cognizant that acceptance of a deliverable in order to facilitate payment to a Contractor leaves the Agency with limited recourse if the deliverable is sub-par.**

Deliverable Submission

**Carefully read the boilerplate below for applicability to this RFP. If you specify that certain paperwork must be completed, then it can be an audit finding if the RFP is not run according to the defined expectations. **

For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

**revise this paragraph if you do not wish to use a Deliverable Product Acceptance Form. Check other paragraphs for applicability. **For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an Agency Deliverable Product Acceptance Form (DPAF), an example of which is provided on the DoIT web page here: http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf.

Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project and/or Microsoft Visio within two (2) versions of the current version. At the Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality.

Deliverable Acceptance

A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.4 Deliverable Descriptions/Acceptance Criteria.

The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). Following the return of the DPAF indicating “Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF or payment may be withheld.

In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

Be presented in a format appropriate for the subject matter and depth of discussion.

Be organized in a manner that presents a logical flow of the deliverable’s content.

Represent factual information reasonably expected to have been known at the time of submittal.

In each section of the deliverable, include only information relevant to that section of the deliverable.

Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

Contains no structural errors such as poor grammar, misspellings or incorrect punctuation.

Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

A draft written deliverable may contain limited structural errors such as incorrect punctuation, and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

Deliverable Descriptions/Acceptance Criteria

In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

**Identify every deliverable expected from your Contractor.

Recommendations:

Number and describe the deliverables required under this RFP.

Include acceptance criteria, and expected frequency of update (project schedules and risk lists especially).

Trace deliverables to the requirements.

Describe acceptance criteria, meaning the measurement or demonstration / test by which the deliverable will be accepted or rejected.

Tie deliverables to payments in the Financial Proposal Form (multiple deliverables can be grouped together).

Clearly link deliverables to requirements.

Consolidate all deliverables into the deliverable table from across the entire RFP with concise, fact based acceptance criteria that make it easy to determine when the deliverable meets your quality standard.

Link deliverables to the pricing table, so the “price to be paid” when the deliverable is approved is clear. You can link some deliverables together for payment purposes, but they all need to be delivered at about the same time, so they can be invoiced together.

Use the deliverable acceptance form to formally approve each deliverable, so there is no ambiguity about when the deliverable is approved.

If there is a chance that the deliverable will need to be updated at a later time, be sure to put words in the requirements that state that the contractor is responsible for updating the document as needed.

Note – Timeframes for deliverables should be proposed by Contractors in their Technical Proposals (See Section 5.6 Technical Proposal). Agencies should set overall expected time frames for completing all deliverables, e.g., “within 18 months,” but should allow flexibility for individual deliverables.

For staff augmentation RFPs, do not expect all deliverables to be listed in the deliverables table. There should be sufficient requirements to describe the job expectations, and include here typically status reports and maybe one or two other key deliverables.

Requirements of staff augmentation should clearly have “other duties as assigned” including “documentation as directed by the Agency.” **

ID #	Deliverable Description	Acceptance Criteria	Due Date / Frequency
Integrated Project Schedule	Microsoft Project schedule demonstrating tasks, task estimates, resource assignments, and dependencies for both Agency and Contractor personnel, with tasks no less than 8 hours and no greater than 80 hours.	Initial Delivery: NTP+ <<x>> Business Days Updates: Weekly **be clear if a due date is Business Days or calendar days.**
**You can specify “as identified in the approved project schedule”**

Optional Features, Future Work

**Put in optional things that might occur in the future here, otherwise remove the section. Use this section to more clearly define scope but not have an “option” with associated pricing, or to actually describe an option that can be exercised by the State.**

<<Potential Future Work>> (Fixed Price / T&M) **Place any unconfirmed work here. If the work is a priced option, label it as OPTION. Otherwise, it should be considered a further description of potential scope, or “potential future work” that qualifies the scope but isn’t something with enough information to ask for pricing. **

Service Level Agreement (SLA)

**If this section is not applicable to this RFP, insert the following sentence: **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**SLAs are the agency’s way to set expectations AND to obtain credits from a contractor that doesn’t deliver according to this agreement, in the form of service credits or liquidated damages. It’s a powerful tool.

BUT TAKE NOTE: If you use an SLA to assess service credits or liquidated damages, and your agreement is audited, you WILL be subject to audit findings if you do not manage the contractor to the SLA described and make attempts to collect!

SLAs are only effective if they explicitly identify, measure and report the behavior for which service credits or liquidated damages will be applied. If it can’t be measured and reported, then it will not be an effective SLA.

DoIT recommends contacting ITPO early for help in authoring SLAs appropriate for your situation. **

Definitions

**In order to use Problem and Problem resolution time, a help desk and help desk ticketing requirements must be defined in the RFP. **

A “Problem” is defined as any situation or issue reported via a help desk ticket that is related to the system operation that is not an enhancement request.

“Problem resolution time” is defined as the period of time from when the help desk ticket is opened to when it is resolved. **If you use this definition, you must include requirements for help desk tickets and a time-stamp on those tickets in your requirements section. You also need to make sure that the RFP includes definitions for those tickets. If you choose not to request a formal ticketing system with date and timestamps, you need to consider how you will accurately measure problem response and/or resolution time. **

Monthly Charges: for purposes of SLA credit calculation, Monthly Charges are defined as the charges invoiced during the month of the breach for the monthly fixed services as set forth in Attachment B, Financial Proposal Form.

SLA Requirements

The Contractor shall:

**Adjust this list as appropriate. Don’t duplicate requirements from other RFP sections. **

Be responsible for complying with all performance measurements, and shall also ensure compliance by all subcontractors.

Meet the Problem response time and resolution requirements as defined in Section 2.6.9.

Provide a monthly report to monitor and detail response times and resolution times.

Log Problems into the <<Contractor-supplied>> help desk software and assign an initial severity (Emergency, High, Medium or Low as defined in Section 2.6.9). **If you use this definition, you must include requirements for help desk tickets and a time-stamp on those tickets in your requirements section. If you choose not to request a formal ticketing system with date and timestamps, you need to consider how you will accurately measure problem response and/or resolution time. **

Respond to and update all Problems, including recording when a Problem is resolved and its resolution. Appropriate <<typeofAgency>> personnel shall be notified when a Problem is resolved.

The <<typeofAgency>> shall make the final determination regarding Problem severity.

Contractor shall review any Problem with <<typeofAgency>> to establish the remediation plan and relevant target dates.

Service Level Agreement Service Credits

**The RFP requirements can also ask for the Offeror’s proposed service levels and credits. Contact DoIT for suggested language changes. **

Time is an essential element of the RFP and it is important that the work be vigorously prosecuted until completion. For work that is not completed within the time(s) specified in the performance measurements <<below>>**If the Offeror furnishes the performance measurements, this and other language would change. **, the Contractor shall be liable for service credits in the amount(s) provided for in this Contract, provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders and/or Work Orders.

The parties agree that any assessment of service credits shall be construed and treated by the parties not as imposing a penalty upon the Contractor, but as compensation to the State for the Contractor’s failure to timely complete Contract work, including Work Orders.

SLA Effective Date (SLA Activation Date)

SLAs set forth herein shall be in effect beginning with the commencement of monthly services as of the completion of the <<Pick one: Transition-In Period OR implementation OR some definition that you have defined.>>.

Beginning on the SLA Activation Date, for any performance measurement not met during the monthly reporting period, the SLA credit for that individual measurement shall be applied to the Monthly Charges.

Service Level Reporting

The Contractor shall provide detailed monthly reports evidencing the attained level for each SLA set forth herein. Monthly reports shall be available <<**when? At the same time every month but let Contractor set the date? **>>

**Measurements do not have to be by month, although the default language in this section is by month. Tailor the time period appropriate to your needs --- but do verify all instances of “monthly” in this Section are appropriate. **

The Contract Monitor or designee will monitor and review Contractor performance standards on a <<monthly, daily, quarterly, bi-weekly>> basis, based on Contractor-provided reports for this Contract.

The Contractor shall provide a monthly summary report for SLA performance via e-mail to the Contract Monitor.

If any of the performance measurements are not met during the monthly reporting period, the Contract Monitor or designee will notify the Contractor of the standard that is not in compliance.

Credit for failure to meet SLA

Contractor’s failure to meet an SLA will result in a credit, as service credits and not as a penalty, to the Monthly Charges payable by the State during the month of the breach. The credits will be cumulative for each missed service requirement. The State, at its option for amount due the State as service credits, may deduct such from any money payable to the Contractor or may bill the Contractor as a separate item. In the event of a catastrophic failure affecting <<all services OR the entire Solution>>, all affected SLAs shall be credited to the State. In no event shall the aggregate of all SLA credits paid to the State in any calendar month exceed 25% of the Monthly Charges. **Authors, pay attention to this maximum. The sum of all SLA credits may not exceed 25%. **

Example: If the Monthly Charges were $100,000 and one SLA were missed, with an applicable 4% credit, the credit to the monthly invoice would be $4,000, and the State would pay a net Monthly Charge of $96,000.

Root Cause Analysis

**While this is part of the boilerplate, make sure that you really want this. **

If the same SLA measurement yields an SLA credit more than once, the Contractor shall conduct a root cause analysis. Such root cause analysis shall be provided within 30 days of the second breach, and every breach thereafter.

In addition, for each ‘Emergency’ or ‘High’ priority Problem, the affected parties will perform a root cause analysis and institute a process of problem management to prevent recurrence of the issue.

Service Level Measurements Table (System performance)

The Contractor shall comply with the service level measurements in the following table:

**Select a SUBSET of the service measurement table below and tailor the ones you select to match your need. Add other metrics suitable for your RFP.

Important! It’s better to have a few metrics with a higher percentage service credits than to have a large number of metrics with low service credits. Tailor ALL service level metrics to your needs. **

No.	Service Requirement	Measurement	Service Level Agreement	SLA Credit
1	Problem Response Time – High	Average Response Time for High Priority Problems.	98% <15 minutes	1%
2	Problem Response Time - Normal	Average Response Time for Normal or Low Priority Problems	98% <2 hours	1%
3	Problem Resolution Time - High	Resolution Time for each High Priority Problem	98% <4 hours	1%
4	Problem Resolution Time - Normal	Resolution Time for Normal Priority Problems	98% <24 hours	1%
5	Problem Resolution Time - Low	Resolution Time for Low Priority Problems	98% <72 hours	1%
6	Scheduled Downtime/ Maintenance	Scheduled maintenance and downtime shall only occur during non-business hours*. The Contractor shall provide 14 calendar days’ notice prior to any scheduled downtime.	<6 hours each month	<<X%>>
7	Service Availability	All application functionality and accessibility shall be maintained at 99.5% uptime performance levels. Contractor shall minimize or eliminate unscheduled network downtime to .5% or less.	<99.5%	<<X%>>
9	Disaster Recovery	Contractor shall provide recovery and continuity of operations within <<X>> hours of a System/network failover.	<<xx hours>>	<<X%>>
10	Notification of Security Incident	Notification of a Security Incident within <<X>> minutes of occurrence	<<X%>>
11	Security Incident Reporting	Security incident reporting requirement in <<X>> minutes or <<X>> hours	<<xx hours>>	<<X%>>
12	Escrow Update	Update escrow within <<X>> days of a change. Failure to update escrow	<<xx days>>	<<X%>>

*See definition of Normal State Business Hours.

The State shall have the unilateral right to reallocate percentages among the various SLAs annually on the anniversary of the Contract, provided that such reallocation will not exceed the cap identified in Section 2.6.6.

Problem Response Definitions and Times

The Contractor shall meet the Problem response time and resolution requirements.

The Contractor shall provide a monthly report to monitor and detail response times and resolution times.

**review the table and revise the metrics and text below. Make sure these times align with any help desk or technical support hour requirements elsewhere in the RFP. **

Service Priority	Response Time	Resolution Time	Response Availability	Work Outage	Users Affected
Emergency	Less than 15 minutes	Within 2 hours of first report	24 hours per day, seven days per week	Major portions of the System are inaccessible Systems or users are unable to work, or to perform some portion of their job.	Users or internal System functionalities are impaired. To include <<Claimants and Employers>>
High	Less than 30 minutes	Within 4 hours after first report	•24 hours per day, seven days per week	Major portions of the System are inaccessible Systems or users are unable to work, or to perform some portion of their job.	Affects the majority of users to include public facing users <<Claimants & Employers>> Affects high profile users (i.e. executive management)
Normal	Within 2 hours	Within 1 day (24 hours) after first report. If the outage is not resolved a resolution plan must be in place.	Mon-Fri, 7AM-7PM	Specific non-critical features are not operating as specified Systems or users are unable to perform a small portion of their job, but are able to complete most tasks.	Affects a number of users
Low	Within 2 hours	Within 3 days (72 hours) after first report. If the outage is not resolved a resolution plan must be in place.	Mon-Fri, 7AM-7PM	Lower priority features that can be done manually are not operating as specified Often a request for service with ample lead time.	Affects a number of users

Service Level Measurements Table (Help Desk Calls)

**Contact your oversight analyst if you have needs for extensive help desk SLAs. Remove heading if not required. **

Contractor Requirements: General

**Section Headings in this section must be preserved and not rearranged. Any additional sections pertinent to this section must be added immediately prior to Section 4. **

Contract Initiation Requirements

**This section may not be applicable if you are initiating a project with this RFP. If this RFP is for ongoing services, this may be necessary. If this section is not applicable to this RFP, insert the following text. **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**Insert information here regarding what the Contractor is expected to perform as part of the ONE TIME transition-in period of the contract. Defining transition-in requirements helps to clarify the requirements for the new Contractor.

Notes/Guidance:

This is often an overlooked way to incorporate start-up requirements that are hard to organize compared to steady-state requirements.

It is not uncommon for transition-in activities to be a fixed price that must be accomplished before a monthly service can begin. Fixed price activities should result in a deliverable that must be submitted prior to payment and prior to the commencement of monthly services.

Include migration of data as part of transition-in.

Indicate when billing for monthly services may begin; at time of contract execution, after certain performance is completed, etc.**

End of Contract Transition

**This section is designed for to help ensure a successful transition for contracts where services are anticipated to continue after this Contract ends, if you do not anticipate the need for services to continue in the future, beyond the term of this Contract, or if contract transition is adequately addressed elsewhere, then you may insert the language “Reserved” in the heading for this section (to preserve numbering).

Define the requirements for what this contractor is expected to do when the contract transitions to a different contractor.

Note that SaaS services very rarely support end of contract transition, as SaaS services simply “pull the plug” when the monthly services are finished.

For services other than SaaS, including a hybrid model of services are part of this contract, then you may need to specify transition out activities. **

The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to <<60>> days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

Provide additional services and/or support as requested to successfully complete the transition;

Maintain the services called for by the Contract at the required level of proficiency;

Provide updated System Documentation, as appropriate; and

Provide current operating procedures (as appropriate).

The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract.

The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

The Contractor shall provide a draft Transition-Out Plan <<120 Business Days>> in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

Any staffing concerns/issues related to the closeout of the Contract;

Communications and reporting process between the Contractor, the <<typeofAgency>> and the Contract Monitor;

Security and system access review and closeout;

Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the <<typeofAgency>> or a designee;

Any final training/orientation of <<typeofAgency>> staff;

Connectivity services provided, activities and approximate timelines required for Transition-Out;

Knowledge transfer, to include:

A working knowledge of the current system environments as well as the general business practices of the <<typeofAgency>>;

Review with the <<typeofAgency>> the procedures and practices that support the business process and current system environments;

Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of this Contract;

Documentation that lists and describes all hardware and software tools utilized in the performance of this Contract;

A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the <<typeofAgency>> or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

Access to any data or configurations of the furnished product and/or services shall be available after the expiration of the Contract as described in Section 3.2.5.

Return and Maintenance of State Data

**Include this section for all services where the contractor has access or control of any State data. **

Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

Invoicing

Definitions

“Proper Invoice” means a bill, written document, or electronic transmission, readable by the agency, provided by a vendor requesting an amount that is due and payable by law under a written procurement contract for property received or services rendered that meets the requirements of COMAR 21.06.09.02.

“Late Payment” means any amount that is due and payable by law under a written procurement contract, without deferral, delay, or set-off under COMAR 21.02.07.03, and remains unpaid more than 45 days after an agency receives a Proper Invoice.

“Payment” includes all required processing and authorization by the Comptroller of the Treasury, as provided under COMAR 21.02.07, and may be deferred, delayed, or set-off as applicable under COMAR 21.02.07.03.

General

The Contractor shall <<send OR e-mail>> the original of each invoice and signed authorization to invoice to the Contract Monitor and <<List individual>> at e-mail address: <<e-mail address>>.

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

Invoices submitted without the required information cannot be processed for payment. A Proper Invoice, required as Payment documentation, must include the following information, without error:

Contractor name and address;

Remittance address;

Federal taxpayer identification (FEIN) number, social security number, as appropriate;

Invoice period (i.e. time period during which services covered by invoice were performed);

Invoice date;

Invoice number;

State assigned Contract number;

State assigned (Blanket) Purchase Order number(s);

Goods or services provided;

Amount due; and

Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and time and material items shall clearly identify the items as either fixed price or time and material billing.

The <<typeofAgency>> reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the <<typeofAgency>> with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

Any action on the part of the <<typeofAgency>>, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

**Enter the Contractor’s invoice submission schedule here; this can be a table with dates for required deliverables, or a simpler statement such as “Invoices are due by the 15th of the month following the month in which services were performed.” The invoice submission schedule will depend on the service delivery and type of contract, e.g., fixed price, indefinite quantity. Invoices and resulting payment should generally be based on performance for services/goods provided. **

For items of work for which there is one-time pricing (see Attachment B – Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the <<typeofAgency>>.

For items of work for which there is annual pricing, see Attachment B– Financial Proposal Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

Deliverable Invoicing**Remove if payment is not by deliverable. Adjust as appropriate. **

Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.4.

Time and Materials Invoicing

**Remove sub-section if not applicable for requirements or for Work Orders. **

All time and material invoices shall be accompanied by the following notice(s) of acceptance issued by the State: <<**adjust as appropriate**DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf) and a signed timesheet as described below.>> Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the TO Manager.

Time Sheet Reporting **Adjust as appropriate**

Within three (3) business days after the 15th and last day of the month, the TO Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all resources provided under the Task Order.

At a minimum, each semi-monthly timesheet shall show:

Title: “Time Sheet for <<xxxxx>>”

Issuing company name, address, and telephone number

For each employee /resource:

Employee / resource name

For each Period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run 1st through 15th and 16th through last day of the month.

Tasks completed that week and the associated deliverable names and ID#s

Number of hours worked each day

Total number of hours worked that Period

Period variance above or below 40 hours

Annual number of hours planned under the Task Order

Annual number of hours worked to date

Balance of hours remaining

Annual variance to date (Sum of periodic variances)

Signature and date lines for the TO Manager

Time sheets shall be submitted to the TO Manager prior to invoicing. The TO Manager shall sign the timesheet to indicate authorization to invoice.

For the purposes of this Contract an amount will not be deemed due and payable if:

The amount invoiced is inconsistent with the Contract.

The proper invoice has not been received by the party or office specified in the Contract.

The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract.

The item or services have not been accepted.

The quantity of items delivered is less than the quantity ordered.

The items or services do not meet the quality requirements of the Contract

If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule.

If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met.

The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the contract concerning performance under the contract and compliance with its provisions.

Travel Reimbursement

**If no travel will be reimbursed, insert the following text: **

Travel will not be reimbursed under this RFP.

**Otherwise, adjust as appropriate: **

There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

Routine Travel is defined as travel within a 50-mile radius of the <<typeofAgency>>’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to the consulting site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

Non-routine Travel is defined as travel beyond the 50-mile radius of <<typeofAgency>>’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to the consulting site. Non-routine travel will be reimbursed according to the State’s travel regulations and reimbursement rates, which can be found at: www.DBM.maryland.gov - search: Fleet Management. If non-routine travel is conducted by automobile, the first 50 miles of such travel will be treated as routine travel and as described in Section 3.3.7.A, and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the RFP or Work Order.

Retainage

**Important! The purpose of retainage is to provide you with some funds in the event that the Contractor doesn’t deliver and you are required to hire another company to perform the work. In other words, once the contractor has completed the work for which the retainage was kept, it must be released. Do not confuse this with liquidated damages.

If this solicitation does not require retainage, you may delete the entire section INCLUDING the section heading. If this solicitation does require retainage, see DoIT for language and any attachments appropriate to this section. **

This solicitation does not require retainage.

Liquidated Damages

**A Liquidated Damages section is optional and a determination to include Liquidated Damages, how they should be calculated and to what they should apply should be made in consultation with your agency’s AAG pursuant to COMAR 21.07.01.14. If your solicitation does not include Liquidated Damages for the Scope of Work, then insert the appropriate statement below. **

MBE Liquidated damages are identified in Attachment M.**delete this line if there is no MBE goal**

This solicitation does not require additional liquidated damages. **replace with liquidated damages information if applicable. **

Disaster Recovery and Data

The following requirements apply to the Contract:

Redundancy, Data Backup and Disaster Recovery

Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of this Contract do not limit the Contractor’s obligations under this provision.

The Contractor shall have robust contingency and DR plans in place to ensure that the services provided under this Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

The Contractor shall furnish a disaster recovery (DR) site. The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

The contingency and DR plans must be designed to ensure that services under this Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service. Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover / fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

Such contingency and DR plans shall be available for the <<typeofAgency>> to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

Data Export/Import

The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

perform a full or partial import/export of State data within 24 hours of a request; or

provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

Any import or export shall be in a secure format per the Security Requirements.

Data Ownership and Access

**If data is part of the Contract’s scope, no changes allowed to this language without AAG approval. **

Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a RFP shall become the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

Licensed and/or copyrighted data shall be governed by the terms and conditions identified in the Contract or the license.

Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

The Contractor shall not use any information collected in connection with the services furnished under this Contract for any purpose other than fulfilling such services.

Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract. Additionally, the Contractor and shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

Insurance Requirements

**The insurance requirements and minimums stated below are general examples, and may not reflect the necessary requirements and minimums for your Scope of Work. Some of the insurance requirements and minimums below may place an undue burden on the Contractor and its subcontractors, or may not be necessary for the types of services to be provided. Research sample insurance requirements for the relevant service industry in order to fine-tune these requirements and minimums for your particular Scope of Work requirements. **

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

The following type(s) of insurance and minimum amount(s) of coverage are required:

Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury of and $3,000,000 aggregate. The minimum limits required herein may be satisfied through any combination of primary and/or umbrella/excess liability policies. **Adjust the limits as appropriate for this solicitation.**

Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate. **Keep only if the services are such that an error of calculations might apply. General services provider for SaaS probably wouldn’t require this insurance, where a software project with design would require it. Professional Liability is typically written on a claims-made form, not on an occurrence form. Adjust the limits as appropriate for this solicitation.**

Employee Theft Insurance - $1,000,000 per occurrence. **May not be required for certain types of SaaS**, the State of Maryland and the <<typeofAgency>> should be added as a “loss payee.”

Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid in at all locations where work is performed or data or other information concerning the State’s claimants and/or employers is processed or stored. **Remove if no PII, PHI, or other Sensitive Data in this RFP. Consider having cyber liability included in the professional liability if the vendor will have access to Personal Identifiable Information in any medium. **

Worker’s Compensation - The Contractor shall maintain such insurance as necessary and/or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act. Coverage must be valid in all states where work is performed. One million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage).

Automobile and/or Commercial Truck Insurance - The Contractor shall maintain Automobile and/or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. **Only applicable if the vendor is likely to be driving in the State under this Contract. Unlikely use for SaaS. **

The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

Any insurance furnished as a condition of this Contract shall be issued by a company authorized to do business in the State.

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

Security Requirements

**Review this section for applicability and tailor as appropriate: **

The following requirements are applicable to the Contract:

Employee Identification

Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each such Contractor Personnel shall provide additional photo identification.

Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that said Contractor Personnel has not adhered to the Security requirements specified herein.

The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

Security Clearance / Criminal Background Check

**Use only one of the Criminal Background Check paragraphs below, as applicable; delete the others. If no background check is required insert the following sentence: **

A security clearance is not required for Contractor Personnel assigned to the Contract.

**Otherwise adjust the paragraphs to meet RFP needs. **

**For Contractor Personnel when the Contractor Is Responsible for Background Checks. Note: If only certain functions to be performed under the Contract necessitate a background check, the following background check requirement may be changed to designate those functions and limit background checks to Contractor and subcontractor personnel performing those designated functions, e.g., personnel in contact with vulnerable populations, personnel handling State funds, personnel conducting bookkeeping functions, personnel with access to Sensitive Data**

A criminal background check for each << Pick one: for any Contractor Personnel providing <<on-site OR any OR list specific services/roles impacted>> shall be completed << Pick one: prior to each Contractor Personnel providing any services under the Contract OR within four (4) months of Contract award OR describe what is appropriate.>>.

The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

**OR**

The Contractor shall obtain from each individual required to obtain a criminal background check a statement permitting a criminal background check. The <<typeofAgency>> will obtain a criminal background check for each individual using a source of its choosing.

**OR (for Temporary Personnel Contracts**

The Contractor shall obtain criminal background checks on candidates it sends for employment at the <<typeofAgency>>. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity.

**Keep when Contractor Performs the check, otherwise delete this paragraph: ** The Contractor shall provide certification to the <<typeofAgency>> that the Contractor has completed the required criminal background check described in this RFP for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

**Pick one of E only, E and F, or F and G. Paragraph F is optional if E is kept but required if G is kept. E provides more discretion for the Contract Monitor. **

Persons with a criminal record may not perform services under this Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

§§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

any crime within Title 7, Subtitle 1 (various crimes involving theft);

§§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

§§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

§§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

a crime of violence as defined in CL § 14-101(a).

Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under this Contract; Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises.

A particular on-site location covered by this Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

On-Site Security Requirement(s)

**If this section is not applicable to this RFP, insert the following sentence: **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**If this section is applicable to this RFP, adjust as appropriate for this RFP:

IMPORTANT! Think about the type of solution that you may be getting and make sure that this boilerplate makes sense. For instance, if you are hiring a company for an on-premise solution you may want to remove the phrase “For a SaaS or non-State hosted solution”. **

For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) being brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the <<typeofAgency>> may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the <<typeofAgency>>.

Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that controls the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

Information Technology

**The following Information Technology Security provisions are to be included in Contracts where there is the collection, accessing, usage, storage, processing, disposition, and/or disclosure of State data, including “Sensitive Data” such as PII, PHI, or other private/confidential data. These provisions are designed to coincide with the SOC 2 Type 2 Audit Report provisions in the RFP, and should always be included in the solicitation when the SOC 2 Type 2 Audit Report requirement is included. If your solicitation does not have any requirements that relate to these Information Technology provisions, delete this Information Technology section and revise subsection numbering accordingly**

The Contractor shall:

Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5);

Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and

The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

Data Protection and Controls**Review for applicability**

Contractor shall ensure a secure environment for all State data and any hardware and software (including but not limited to servers, network and data components) to be provided or used in connection with the performance of the Contract and shall apply or cause application of appropriate controls so as to maintain such a secure environment (“Security Best Practices”). Such Security Best Practices shall comply with an accepted industry standard, such as the NIST cybersecurity framework.

To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls at all times throughout the Term of the Contract (the Contractor may augment this list with additional controls):

Establish separate production, test, and training environments for systems supporting the services provided under this Contract and ensure that production data is not replicated in test and/or training environment(s) unless it has been previously anonymized or otherwise modified to protect the confidentiality of Sensitive Data elements. The Contractor shall ensure the appropriate separation of production and non-production environments by applying the data protection and control requirements listed in Section 3.7.5.

Apply hardware and software hardening procedures as recommended by Center for Internet Security (CIS) guides https://www.cisecurity.org/, Security Technical Implementation Guides (STIG) http://iase.disa.mil/Pages/index.aspx, or similar industry best practices to reduce the Contractor/subcontractor’s systems’ surface of vulnerability, eliminating as many security risks as possible and documenting what is not feasible and/or not performed according to best practices. Any hardening practices not implemented shall be documented with a plan of action and milestones including any compensating control. These procedures may include but are not limited to removal of unnecessary software, disabling or removing unnecessary services, removal of unnecessary usernames or logins, and the deactivation of unneeded features in the Contractor/subcontractor’s system configuration files.

Ensure that State data is not comingled with non-State data through the proper application of compartmentalization security measures.

Apply data encryption to protect Sensitive Data at all times, including in transit, at rest, and also when archived for backup purposes. Unless otherwise directed, the Contractor is responsible for the encryption of all Sensitive Data.

For all State data the Contractor manages or controls, data encryption shall be applied to such data in transit over untrusted networks.

Encryption algorithms which are utilized for encrypting data shall comply with current Federal Information Processing Standards (FIPS), “Security Requirements for Cryptographic Modules”, FIPS PUB 140-2:

http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf

http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm

Enable appropriate logging parameters to monitor user access activities, authorized and failed access attempts, system exceptions, and critical information security events as recommended by the operating system and application manufacturers and information security standards, including Maryland Department of Information Technology’s Information Security Policy.

Retain the aforementioned logs and review them at least daily to identify suspicious or questionable activity for investigation and documentation as to their cause and remediation, if required. The <<typeofAgency>> shall have the right to inspect these policies and procedures and the Contractor or subcontractor’s performance to confirm the effectiveness of these measures for the services being provided under this Contract.

Ensure system and network environments are separated by properly configured and updated firewalls.

Restrict network connections between trusted and untrusted networks by physically and/or logically isolating systems from unsolicited and unauthenticated network traffic.

By default “deny all” and only allow access by exception.

Review at least annually the aforementioned network connections, documenting and confirming the business justification for the use of all service, protocols, and ports allowed, including the rationale or compensating controls implemented for those protocols considered insecure but necessary.

Perform regular vulnerability testing of operating system, application, and network devices. Such testing is expected to identify outdated software versions; missing software patches; device or software misconfigurations; and to validate compliance with or deviations from the security policies applicable to this Contract. Contractor shall evaluate all identified vulnerabilities for potential adverse effect on security and integrity and remediate the vulnerability no later than 30 days following the earlier of vulnerability’s identification or public disclosure, or document why remediation action is unnecessary or unsuitable. The <<typeofAgency>> shall have the right to inspect the Contractor’s policies and procedures and the results of vulnerability testing to confirm the effectiveness of these measures for the services being provided under this Contract.

Enforce strong user authentication and password control measures to minimize the opportunity for unauthorized access through compromise of the user access controls. At a minimum, the implemented measures should be consistent with the most current Maryland Department of Information Technology’s Information Security Policy (http://doit.maryland.gov/support/Pages/SecurityPolicies.aspx), including specific requirements for password length, complexity, history, and account lockout.

Ensure State data is not processed, transferred, or stored outside of the United States (“U.S.”). The Contractor shall provide its services to the State and the State’s end users solely from data centers in the U.S. Unless granted an exception in writing by the State, the Contractor shall not allow Contractor Personnel to store State data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its Contractor Personnel to access State data remotely only as required to provide technical support.

Ensure Contractor’s Personnel shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State, which may be revoked at any time for any reason. The Contractor/subcontractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor/subcontractor-owned equipment to a State LAN/WAN.

Ensure that anti-virus and anti-malware software is installed and maintained on all systems supporting the services provided under this Contract; that the anti-virus and anti-malware software is automatically updated; and that the software is configured to actively scan and detect threats to the system for remediation. The Contractor shall perform routine vulnerability scans and take corrective actions for any findings.

Conduct regular external vulnerability testing designed to examine the service provider’s security profile from the Internet without benefit of access to internal systems and networks behind the external security perimeter. Evaluate all identified vulnerabilities on Internet-facing devices for potential adverse effect on the service’s security and integrity and remediate the vulnerability promptly or document why remediation action is unnecessary or unsuitable. The <<typeofAgency>> shall have the right to inspect these policies and procedures and the performance of vulnerability testing to confirm the effectiveness of these measures for the services being provided under this Contract.

Access to Security Logs and Reports**Review for applicability. Delete if not applicable. **

For a SaaS or non-State hosted solution, the Contractor shall provide reports to the State in a mutually agreeable format.

Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all State files related to this Contract.

Security Plan** Review for applicability. Delete if not applicable**

The Contractor shall protect State data according to a written security policy (“Security Plan”) no less rigorous than that of the State, and shall supply a copy of such policy to the State for validation, with any appropriate updates, on an annual basis.

The Security Plan shall detail the steps and processes employed by the Contractor as well as the features and characteristics which will ensure compliance with the security requirements of the Contract.

The Security Plan shall address compliance with the PCI DSS for payment card processing). **delete if no PCI**

**delete the following if Task Orders not applicable**<<If any Security Plan information, including procedures, are different based on a Task Order, Contractor shall furnish such differences to the respective TO Manager.>>

PCI Compliance** Review for applicability. Delete if no payment processing under this RFP**

Contractor shall at all times comply, and ensure compliance with, all applicable Payment Card Industry ("PCI") Data Security Standards (“DSS”), including any and all changes thereto. Contractor shall provide the <<typeofAgency>>with documented evidence of current compliance to PCI DSS within 30 days of an <<typeofAgency>>request.

The Contractor shall annually furnish to the State evidence of the PCI Security Standards Council’s (SSC) acceptance or attestation of the Contractor’s conformance to the relevant PCI DSS requirements by a third party certified to perform compliance assessments.

The Contractor shall ensure that the scope of the annual SOC 2 Type II Report specified under Section 3.9 includes testing to confirm the PCI assessment results.

Security Incident Response

The Contractor shall notify the <<typeofAgency>> in accordance with Section 3.7.9A-D when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows:

notify the <<typeofAgency>> within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, <<typeofAgency>> chief information officer and <<typeofAgency>> chief information security officer;

notify the <<typeofAgency>> within two (2) hours if there is a threat to Contractor’s Solution as it pertains to the use, disclosure, and security of State data; and

provide written notice to the <<typeofAgency>> within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State (or <<typeofAgency>>) requests concerning such unauthorized use or disclosure.

Contractor’s notice shall identify:

the nature of the unauthorized use or disclosure;

the State data used or disclosed,

who made the unauthorized use or received the unauthorized disclosure;

what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract.

The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless the State (or <<typeofAgency>>) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification.

Data Breach Responsibilities

**This section only applies when a data breach occurs with respect to State data within the possession or control of the Contractor. **

If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed:

Notify the appropriate State-identified contact within 24 hours by telephone in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law;

Cooperate with the State to investigate and resolve the data breach;

Promptly implement commercially reasonable remedial measures to remedy the Data Breach; and

Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.

If a Data Breach is a direct result of the Contractor’s breach of its Contract obligation to encrypt State data or otherwise prevent its release, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the Contract’s limitation of liability.

Additional security requirements may be established in a Task Order and/or a Work Order. **Delete if Task Orders or Work Orders are not allowed in this solicitation. **

The State shall, at its discretion, have the right to review and assess the Contractor’s compliance to the security requirements and standards defined in the Contract.

Provisions in Sections 3.7.1 – 3.7.10 shall survive expiration or termination of the Contract. Additionally, the Contractor and shall flow down the provisions of Sections 3.7.4-3.7.10 (or the substance thereof) in all subcontracts.

Problem Escalation Procedure

The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

The process for establishing the existence of a problem;

Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

Expedited escalation procedures and any circumstances that would trigger expedited them;

The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

A process for updating and notifying the Contract Monitor of any changes to the PEP.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

SOC 2 Type 2 Audit Report

**If there is the potential for FUTURE Sensitive Data handling but not as part of the initial award. Contact DoIT for language. **

**If you determine that a Contractor SOC 2 Type 2 Report is not required for this Contract, enter only the following sentence for this section and delete the rest**

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

**Include the following SOC 2 Type 2 Report clause when the Contractor will collect, process, transmit, store, organize, maintain, or dispose of critical or sensitive information on behalf of the <<typeofAgency>> as part of its Contract responsibilities. Examples of critical or sensitive information processes may include but are not limited to the following)

Account Receivable or Fee Payment Processing Services;

Call Center or Help Desk Services;

Collection Agency Services;

Information System Hosting or System Services;

Management or Cloud Computing Services;

Medical or Insurance Claims Processing Services;

Payroll Processing Services;

Printing and Mailing Processing Services; and

Records Retention Services. **

This section applies to the Contractor who provides services for identified critical functions, handles Sensitive Data, and/or hosts any related implemented system for the State under the Contract.

The Contractor shall have an annual audit performed by an independent audit firm of the Contractor’s handling Sensitive Data and/or the <<typeofAgency>>’s critical functions. Critical functions are identified as all aspects and functionality of the System including any add-on modules and shall address all areas relating to Information Technology security and operational processes. These services provided by the Contractor that shall be covered by the audit will collectively be referred to as the “Information Functions and/or Processes.” Such audits shall be performed in accordance with audit guidance: Reporting on Controls at a Service Organization Relevant to Security, Availability, Confidentiality, or Privacy (SOC 2) as published by the American Institute of Certified Public Accountants (AICPA) and as updated from time to time, or according to the most current audit guidance promulgated by the AICPA or similarly-recognized professional organization, as agreed to by the <<typeofAgency>>, to assess the security of outsourced client functions or data (collectively, the “Guidance”) as follows:

The type of audit to be performed in accordance with the Guidance is a SOC 2 Type 2 Audit (referred to as the “SOC 2 Audit” or “SOC 2 Report”). The initial SOC 2 Audit shall be scheduled and completed within a timeframe to be specified by the State and submitted to the Contract Monitor. All subsequent SOC 2 Audits that are arranged after this initial audit shall be performed on an annual basis and submitted to the Contract Monitor by the reoccurring annual date” for the preceding calendar year.

The SOC 2 Audit shall report on Contractor’s system(s) and suitability of the design and operating effectiveness of controls over the Information Functions and/or Processes to meet the requirements of the Contract, including the Security Requirements identified in Section 3.7, relevant to the following trust principles: << Processing Integrity, Security, Availability, Confidentiality, and/or Privacy – **The <<typeofAgency>> to choose which of the five trust principles apply**>>as defined in the aforementioned Guidance.

**Consult with your AAG, Chief Information Officer, or a director of internal audits to determine which trust principles are applicable for your Contract. Rarely will a SOC 2 Audit require that all five trust principles be included in the Audit scope. However, if the solicitation requires that a Non-Disclosure Agreement (Attachment I) be submitted by the Contractor, then the trust service principle “Confidentiality” should be strongly considered as one of the trust principles selected for the SOC 2 Audit, as the Contractor’s controls over State data determined to be confidential must be assessed as part of the Audit.**

The audit scope of each year’s SOC 2 Report may need to be adjusted (including the inclusion or omission of the relevant trust services principles of Security, Availability, Confidentiality, Processing Integrity, and Privacy) to accommodate any changes to the Contractor’s environment since the last SOC 2 Report. Such changes may include but are not limited to the addition of Information Functions and/or Processes through modifications to the Contract or due to changes in Information Technology or operational infrastructure implemented by the Contractor. The Contractor shall ensure that the audit scope of each year’s SOC 2 Report engagement shall accommodate these changes by including in the SOC 2 Report all appropriate controls related to the current environment supporting the Information Functions and/or Processes, including those controls required by the Contract.

The scope of the SOC 2 Report shall include work performed by any subcontractors that provide essential support to the TO Contractor and/or essential support to the Information Functions and/or Processes provided to the <<typeofAgency>> under the Contract. The Contractor shall ensure the audit includes all such subcontractors operating in performance of the Contract.

All SOC 2 Audits, including those of the Contractor, shall be performed at no additional expense to the <<typeofAgency>>.

The Contractor shall promptly provide a complete copy of the final SOC 2 Report(s) to the Contract Monitor upon completion of each annual SOC 2 Audit engagement.

The Contractor shall provide to the Contract Monitor, within 30 calendar days of the issuance of each SOC 2 Report, a documented corrective action plan which addresses each audit finding or exception contained in a SOC 2 Report. The corrective action plan shall identify in detail the remedial action to be taken by the Contractor along with the date(s) when each remedial action is to be implemented.

If the Contractor currently has an annual information security assessment performed that includes the operations, systems, and repositories of the Information Functions and/or Processes being provided to the <<typeofAgency>> under the Contract, and if that assessment generally conforms to the content and objective of the Guidance, the <<typeofAgency>> will determine in consultation with appropriate State government technology and audit authorities whether the Contractor’s current information security assessments are acceptable in lieu of the SOC 2 Report(s).

If the Contractor fails during the Contract term to obtain an annual SOC 2 Report by the date specified in Section 3.9.2.A, the <<typeofAgency>> shall have the right to retain an independent audit firm to perform an audit engagement of a SOC 2 Report of the Information Functions and/or Processes utilized or provided by the Contractor and under the Contract. The Contractor agrees to allow the independent audit firm to access its facility/ies for purposes of conducting this audit engagement(s), and will provide the necessary support and cooperation to the independent audit firm that is required to perform the audit engagement of the SOC 2 Report. The <<typeofAgency>> will invoice the Contractor for the expense of the SOC 2 Report(s), or deduct the cost from future payments to the Contractor.

Provisions in Sections 3.9.1 – 3.9.2 shall survive expiration or termination of the Contract. Additionally, the Contractor and shall flow down the provisions of Sections 3.9.1-3.9.2 (or the substance thereof) in all subcontracts.

Performance and Personnel

**If this section is not applicable to this RFP, insert the following sentence and remove the other sub-sections: **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

Offeror Experience

**This section is where the agency will put desired characteristics for the company that will be evaluated. If <<typeofAgency>> has no specific offeror experience qualifications for evaluating the Proposal, then insert: **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**Note that with any hardware/software provided under this RFP you may wish to require that the Contractor demonstrate that it is a licensed reseller or distributor of the item. **

**Insert additional experience requirements here. **

The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability and references evaluation factor from Section 6.2):

Demonstrated knowledge of ….

Prior senior level experience (doing ….)

Breadth of knowledge in….

Personnel Experience

**This section is where the agency will put desired characteristics for the Key Personne that will be evaluated. If <<typeofAgency>> has no specific proposed Key personnel experience / qualifications for evaluating the Proposal, then insert: **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**Insert additional experience requirements here. This is the section to include mandatory requirements for any staff not included as Key Personnel. **

The following experience is expected and will be evaluated as part of the Technical Proposal (see the capability of proposed resources evaluation factor from Section 6.2):

Demonstrated knowledge of ….

Prior senior level experience (doing ….)

Breadth of knowledge in….

Number of Personnel to Propose

As part of the Proposal evaluation, Offerors shall propose exactly <<numberOfProposedPersonnelAllowed>> personnel who are expected to be available as of the start date specified in the Notice to Proceed (NTP Date). Offerors shall describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the <<typeofAgency>>. Offerors may generally describe planned positions in a Staffing Plan. Such planned positions may not be used as evidence of fulfilling personnel minimum qualifications.

Key Personnel Identified

For the Contract, the following positions to be identified in the Technical Proposal will be considered Key Personnel, and shall be required to meet the qualifications stated in Section 3.10 and Appendix <<laborCategoriesAppendixNumber>>. **Currently, Appendix <<laborCategoriesAppendixNumber>> has a large number of labor category descriptions. Please update Appendix <<laborCategoriesAppendixNumber>>so that only labor categories appropriate for this solicitation are included. **

<<Role or Labor Category 1>>

<<Role or Labor Category 2>>

<<Role or Labor Category 3>>

**Instructions:

1.	Except for those contracts with few personnel numbers, the number of Key Personnel should comprise no more than 15% of the total number of personnel anticipated on the project.

2.	Make sure you only ask the Offeror to propose those Key Personnel who are absolutely critical to selecting the correct Offeror. Important! DoIT guidance is that only a maximum of FOUR key personnel may be proposed for purposes of making an award determination. Contact DoIT for more details on this guidance.

3.	Key Personnel do not have to be submitted with the proposal. The default language is to define the Key Personnel but in the submission instructions (and minimum qualifications) you can restrict the number of proposed personnel to streamline your evaluation. You can also add language that allows you to specify the Key Personnel after the Contract starts. **

Labor Categories

**Selection of labor categories: In many cases, the labor categories in the full list in Appendix <<laborCategoriesAppendixNumber>> are not applicable for a SaaS or other “aaS” contract. Only include those labor categories that are appropriate and are not part of the “service” for which you will be paying a monthly fee. See additional tailoring instructions in Appendix <<laborCategoriesAppendixNumber>>.

Instructions: Remove any labor categories not applicable to this RFP from the labor category list in the appendix and the price sheet.

Be generous in selecting the labor categories for your RFP to provide flexibility for unplanned needs in the future.**

The Labor Categories are identified and described <<below>>**Or in Appendix <<laborCategoriesAppendixNumber>>**. To be responsive to this RFP, Offerors must be capable of providing and meeting the minimum qualifications for all the labor categories listed. Offerors shall submit a Financial Proposal Form (Attachment P) that provides labor rates for all labor categories for all Contract years (initial term and any option periods). Actual resumes shall be provided only for Key Personnel as described in Section 3.10.4. Resumes for resources provided later shall be coordinated by the Contract Monitor per the Technical Proposal and, if requested in a Work Order, shall be governed by the Work Order process.

Each Labor Category includes Titles, Position Description, Education and Experience (General and Specialized).

Education and experience described below constitute the minimum qualifications for candidates proposed in response to a RFP. All experience required must have occurred within the most recent ten (10) years.

Contractor Personnel Experience (including Key Personnel submitted in response to this RFP)

Substitution of Education for Experience

A Bachelor’s Degree or higher may be substituted for the general and specialized experience for those labor categories requiring a High School Diploma. A Master’s Degree may be substituted for two years of the general and specialized experience for those labor categories requiring a Bachelor’s Degree. Substitution shall be reviewed and approved by the State at its discretion.

Substitution of Experience for Education

Substitution of experience for education may be permitted at the discretion of the State.

Substitution of Professional Certificates for Experience:

Professional certification (e.g., Microsoft Certified Solutions Expert, SQL Certified Database Administrator) may be substituted for up to two (2) years for general and specialized experience at the discretion of the State.

Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

Work Hours

**Adjust this section as applicable. Adjust language and hours of coverage according to the needs of the place of work performance.

For a SaaS Contract, you frequently are asking for the hours of support of the SERVICE and not specifically the hours of support for individual personnel. Tailor this section appropriately. **

Business Hours Support: Contractor shall assign Contractor Personnel to support <<Pick one; Normal State Business Hours (see definition in Appendix 1) OR <<typeofAgency>> business hours (<<hh:mm AM>> to <<hh:mm>> PM), Monday through Friday except for State holidays>>.

<<If Task Orders are used>> Needs beyond the hours described in paragraph A may be defined in a Task Order.

Contractor Personnel may also be required to provide occasional support outside of normal State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies, such as to resolve system repair or restoration. Hours performing activities would be billed on an actual time worked basis at the rates proposed.

Alternate Language. **Delete or adjust as necessary** Scheduled non-Business Hours Support: Once personnel have demonstrated an understanding of the <<typeofAgency>> infrastructure, they will also be required to participate in a rotating emergency on-call schedule, providing non-Business Hours support. Typically, personnel assigned to <<typeofAgency>> non-Business Hours support are required to be on-call 24 hours a day for a seven-day period, one week out of every four to five weeks.

State-Mandated Closings: Contractor Personnel shall be required to participate in any State-mandated closings. In this event, the Contractor will be notified in writing by the Contract Monitor of these details.

Minimum and Maximum Hours: Full-time Contractor Personnel shall work 40 hours per week with starting and ending times as approved by the Contract Monitor. A flexible work schedule may be used with Contract Monitor approval, including time to support any efforts outside core business hours. Contractor personnel may also be requested to restrict the number of hours Contractor personnel can work within a given period of time that may result in less than an eight-hour day or less than a 40-hour work week.

Vacation Hours: Requests for leave shall be submitted to the Contract Monitor at least two weeks in advance. The Contract Monitor reserves the right to request a temporary replacement if leave extends longer than one consecutive week. In cases where there is insufficient coverage, a leave request may be denied.

Substitution of Personnel

**Authors, even if you do not have Key Personnel, you may still need the substitution clauses in Section 3.11.4-D! **

Continuous Performance of Key Personnel

Key Personnel shall be available to perform Contract requirements as of the NTP Date. Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of Maryland as a dedicated resource.

Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the Contract Monitor.

The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

Definitions

For the purposes of this section, the following definitions apply:

Extraordinary Personnel Event – means leave under the Family Medical Leave Act; or an incapacitating injury or incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the Contractor’s Technical Proposal.

Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in paragraph 3.11.4.

The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

The Contractor shall provide the Contract Monitor with a substitution request that shall include:

A detailed explanation of the reason(s) for the substitution request;

The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

The official resume of the current personnel for comparison purposes; and

Evidence of any required credentials.

The Contract Monitor may request additional information concerning the proposed substitution. In addition, the Contract Monitor and/or other appropriate State personnel involved with the Contract may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

Replacement Circumstances

Key Personnel Replacement

To replace any Key Personnel in a circumstance other than as described in 3.11.4.B, including transfers and promotions, the Contractor shall submit a substitution request as described in paragraph 3.11.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

Key Personnel Replacement Due to Vacancy

The Contractor shall replace Key Personnel whenever a vacancy occurs due to the sudden termination, resignation, Extraordinary Personnel Event, or death of such personnel. (A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 3.11.4.A.)

Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under paragraph 3.11.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

Key Personnel Replacement Due to an Indeterminate Absence

If any Key Personnel has been absent from his/her job for a period of ten (10) days due to injury, illness, or other physical condition, or an Extraordinary Personnel Event and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under paragraph 3.11.3.

However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor the Contract Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

Directed Personnel Replacement

The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, <<typeofAgency>> policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 3.11.4.D.2.

If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor shall give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

Should performance issues persist despite an approved Remediation Plan, the Contract Monitor may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

Replacement or substitution of Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

If the Contract Monitor determines to direct substitution under 3.11.4.D.1, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor. However, if the Contract Monitor deems it necessary and in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may substitute proposed Key Personnel only under the following circumstances: vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personnel Event, or death of such personnel. To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution and that the originally proposed staff is actual full-time personnel employed directly with the Offeror (subcontractors, temporary staff or 1099 contractors do not qualify). Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination.

Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

Submit the following reports by the 10th of each month to the Contract Monitor and the <<typeofAgency>>’s MBE Liaison Officer:

A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

(If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) by the 10th of each month to the Contract Monitor and the <<typeofAgency>>’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

Upon completion of the Contract and before final payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

Veteran Small Business Enterprise (VSBE) Reports

If this solicitation includes a VSBE Goal (see Section 4.27), the Contractor shall:

Submit the following reports by the 10th of the month following the reporting period to the Contract Monitor and the <<typeofAgency>> VSBE representative:

VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report (Attachment E-3) listing any unpaid invoices, over 45 days old, received from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made; and

Attachment E-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice Report by the 10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.

Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Contract Monitor and <<typeofAgency>> VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices (Attachment E-4).

Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. The Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the Contract.

At the option of the <<typeofAgency>>, upon completion of the Contract and before final payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

Work Orders

**If this section is not applicable to this RFP, insert the following sentence. Some agencies use the term “Task Order” for this section instead. Make sure the term you use, whether Work Order or Task Order, is defined in Appendix 1. **

THIS SECTION IS NOT APPLICABLE TO THIS RFP.

**A work order process may be used to expand the activities performed under the RFP as long as it is within the overall scope of work described within the RFP. A work order may be T&M or fixed price, as appropriate for your RFP. A work order may also be for a specific set of work or for a resource (when the RFP is used more in line as a staffing model). However, if you anticipate using the RFP for T&M work orders, the Financial Proposal Form MUST have the relevant labor categories and rates. Rates must be determined at RFP issuance. Strike references to a time and material Work Order if the Financial Proposal Form will not include pricing options for T&M.**

Additional <<PICK both or just one: services and resources>> will be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for <<pick one or both: either fixed price or time and materials (T&M) pricing>>. T&M Work Orders will be issued in accordance with pre-approved Labor Categories with the fully loaded rates proposed in Attachment B. **remove last sentence if no T&M**

The Contract Monitor shall e-mail a Work Order Request (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf) to the Contractor to provide services or resources that are within the scope of this RFP. The Work Order Request will include:

Technical requirements and description of the service or resources needed

Performance objectives and/or deliverables, as applicable

Due date and time for submitting a response to the request, and

Required place(s) where work must be performed

The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

A response that details the Contractor’s understanding of the work;

A price to complete the Work Order Request using the format provided using the format provided (see online sample).

A description of proposed resources required to perform the requested tasks, with labor categories listed in accordance with Attachment B.

An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

State-furnished information, work site, and/or access to equipment, facilities, or personnel

The proposed personnel resources, including any subcontractor personnel, to complete the task.

For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this RFP. For a fixed price Work Order, the Contract Monitor will review the response and will confirm the proposed prices are acceptable.

The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

Proposed personnel on any type of Work Order shall be subject to <<typeofAgency>> approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

Additional Clauses

The Contractor shall be subject to the requirements in this section and shall flow down the provisions of Sections 3.15.1 – 3.15.5 (or the substance thereof) in all subcontracts.

Custom Software

**If custom software is part of the Contract’s scope, no changes allowed to this language without AAG approval. **

As described in the sample Contract (Attachment M), the State shall solely own any custom software, including, but not limited to application modules developed to integrate with a COTS, source-codes, maintenance updates, documentation, and configuration files, when developed under this Contract.

Upon a Contractor's voluntary or involuntary filing of bankruptcy or any other insolvency proceeding, Contractor’s dissolution, Contractor’s discontinuance of support of any software or system, the Contractor shall convey to the State all rights, title, and interests in all custom software, licenses, software source codes, and all associated System Documentation that comprises any solutions proposed as a part of the Contract These rights include, but are not limited to, the rights to use, and cause others to use on behalf of the State, said software, software documentation, licenses, software source codes, and System Documentation.

Custom Source Code

**If custom software is part of this Contract’s scope, no changes allowed to this language without AAG approval. **

For all custom software provided to the State pursuant to any Contract, the Contractor shall either provide the source code directly to the State in a form acceptable to the State, or deliver two copies of each software source code and software source code documentation to a State-approved escrow agent at no additional cost to the State following the terms set forth in the sample contract (Attachment M) and in Section 3.15.3 below.

The State shall have the right to audit custom software source code and corresponding software source code documentation for each software product that comprises the solution as represented by the Contractor. This audit shall be scheduled at any time that is convenient for the parties to be present. The State shall be provided with software or other tools required to view all software source code.

The Contractor shall provide the current source code and documentation for all custom software to the State at the time of Contract termination.

Source Code Escrow

**If source code escrow is part of this Contract’s scope, no changes allowed to this language without AAG approval. Keep this section if this Contract might include source code escrow. Delete this clause if not applicable, and revise the numbering of the clauses in this Contract accordingly. Otherwise, delete this section and its heading, renumbering any subsequent sections. **

Source Code Escrow applies to this Contract. The Contractor shall perform source code escrow as described herein.

The State will be named as a beneficiary under an escrow agreement (“Escrow Agreement”) that shall be entered into between the Contractor and an escrow agent (“Escrow Agent”) within <<xxx>> days of the date hereof pursuant to which Contractor shall deliver a Source Code Escrow Package to Escrow Agent. The term “Source Code Escrow Package” means: a) a complete copy in machine-readable form of the source code and executable code of the software licensed to the State under the Contract; b) a complete copy of any existing design documentation and user documentation; and/or c) complete instructions for compiling and linking every part of the source code into executable code for purposes of enabling verification of the completeness of the source code as provided below. The Escrow Agreement shall govern the maintenance and release of the Source Code Escrow Package, and Contractor agrees to update, enhance, or otherwise modify such Source Code Escrow Package promptly upon each release of a new version of any component thereof. Contractor shall pay all fees and expenses charged by Escrow Agent, including, but not limited to, fees and expenses related to the State being a named beneficiary under the Escrow Agreement. The State shall treat the Source Code Escrow Package as Contractor’s confidential information. Under all circumstances, the Source Code Escrow Package shall remain the property of Contractor. The State shall only use the Source Code Escrow Package as contemplated in the Contract (including, but not limited to confidentiality provisions and usage restrictions). The Escrow Agent shall maintain the Source Code Escrow Package in a repository located in the United States.

In the event that the Escrow Agent either ceases providing escrow services to Contractor or Contractor determines in its reasonable business judgment that the Escrow Agent is no longer providing acceptable services, Contractor shall replace the Escrow Agent with another escrow agent, using an agreement which provides the State with rights no less advantageous than those in the Escrow Agreement. In such case, the new escrow agent shall be substituted in all ways for the incumbent Escrow Agent with respect to Section 3.15.3.A above and all references herein to Escrow Agent shall be deemed to include such substitute escrow agent.

Contractor shall inform the State of the availability of an escrow for any third party software solutions it provides to the State.

In addition to the rights and obligations contained in the Escrow Agreement referenced in Section 3.15.3.A, the State shall have the Software Escrow Package released by the Escrow Agent to the State’s possession immediately upon any voluntary or involuntary filing of bankruptcy or any other insolvency proceeding, including but not limited to a general assignment for the benefit of including but not limited to a general assignment for the benefit of creditors, the appointment of a receiver for business or assets; creditors, the appointment of a receiver for business or assets; Contractor’s dissolution or liquidation, voluntary or otherwise; the State has compelling reasons to believe that such events will cause Contractor to fail to meet its obligations in the foreseeable future; or Contractor’s discontinuance of support or failure to support in accordance with this Contract any software system or if the Contractor is otherwise unable or unwilling to provide the Source Code Escrow Package. This condition will also be considered met if after repeated e-mail and phone requests by the State for service, the State makes a request for service in writing to the Contractor's last known address served by certified signed receipt required mail delivery by U.S. Post Office or by a nationally recognized (in the United States) overnight carrier, and the Contractor remains unresponsive, meaning that the Contractor is unable to acknowledge message receipt, unwilling or otherwise unable to satisfy the request for a period longer than 45 days from attempt to deliver the written request.

Purchasing and Recycling Electronic Products

**If this solicitation does not include purchases or removal of electronic products, enter only the following sentence for this section and delete the rest. **

This section does not apply to this solicitation.

**If this solicitation does include purchases or removal of electronic products, enter the following language for this section: **

State Finance and Procurement Article, Md. Code Ann. § 14-414, requires State agencies purchasing computers and other electronic products in categories covered by EPEAT to purchase models rated EPEAT Silver or Gold unless the requirement is waived by the DoIT. This information is located on the DGS web site: http://www.dgs.maryland.gov/GreenOperations/GreenPurchasing/Guidelines/specs/ElectronicandITProductsSpecification.pdf.

Guidelines provided by DGS require planning and coordination of the proper disposition of Information Technology equipment. State Finance and Procurement Article, Md. Code Ann. § 14-415, requires State agencies awarding contracts for services to recycle electronic products to award the contract to a recycler that is R2 or e-Stewards certified. This information is located on the DGS web site: http://www.dgs.maryland.gov/GreenOperations/GreenPurchasing/Guidelines/specs/ElectronicProductDisposalSpecification.pdf.

Guidelines provided by DoIT discuss information and guidance on the proper disposition of IT equipment, media sanitization, and protecting confidential information stored on media. This information is located in the State's Information Technology (IT) Security Policy http://doit.maryland.gov/support/pages/securitypolicies.aspx. Section 6.5 Media Protection provides guidance on proper precautions to protect confidential information stored on media.

Change Control and Advance Notice

Unless otherwise specified in an applicable Service Level Agreement, the Contractor shall give seven (7) days advance notice to the State of any upgrades or modifications that may impact service availability and performance.

Contractor may not modify the functionality or features of any SaaS provided hereunder if such modification materially degrades the functionality of the SaaS.

No-Cost Extensions

In accordance with BPW Advisory 1995-1, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Procurement Instructions

Pre-Proposal Conference

**If no pre-proposal conference will be held insert the following statement and delete the remaining statements in this section. Note, however, a pre-proposal conference is STRONGLY recommended. **

A pre-proposal conference will not be held for this RFP.

**Otherwise delete the above statement and retain the subparagraphs below. *

A pre-proposal conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their proposals.

Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMM).

**For an in-person Conference, include the following (as applicable). *

Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Proposal Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) business days prior to the Conference date. The <<typeofAgency>> will make a reasonable effort to provide such special accommodation.

Seating at the Conference will be limited to two (2) attendees per vendor. **if an agency needs to limit seating then include a paragraph like this.**

**If an online Conference will be held use the following language: **

Those wishing to attend the web conference may request a meeting invitation by emailing <<contact name>> at <<contact email>>no later than 2:00 PM on <<deadline for contacting>>. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference. Registration must be completed by 2:00 PM <<registration deadline>>.

**The following is optional. Delete this paragraph if it does not apply to this RFP. If a site visit is required, complete the highlighted information. Agencies cannot require mandatory attendance for a site visit.

NOTE: Depending on your procurement’s requirements, a site visit may be beneficial to prospective Offerors. If so, the language below may be inserted when appropriate, and this section title changed to “Pre-Proposal Conference and Site Visit(s).” If there are limitations as to how many vendor representatives may attend, the <<typeofAgency>> should state so below. If visits to multiple sites are recommended, it is suggested that separate, advance registrations be made available for each, and the schedule for the site visits be distributed prior to the Pre-Proposal Conference if possible. The <<typeofAgency>>should also address whether prospective Offerors can request a follow-up site visit, or if no additional, follow-up visits will be allowed. Finally, if any site visit is offered, the Pre-Proposal Conference Response Form should include a section where vendors can indicate whether they intend to attend the site visit, and should include spaces for the vendor to name its representative(s) that will attend the site visit.

Delete the following if not applicable. **

A site visit has been pre-scheduled for <<date of site visit>>, beginning at <<start time of site visit>> Local Time, at <<full address of site with building name and room number>>. All prospective Offerors are encouraged to attend in order to facilitate better preparation of their proposals.

eMaryland Marketplace (eMM)

eMM is the electronic commerce system for the State of Maryland. The RFP, Conference summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMM.

In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to https://emaryland.buyspeed.com/bso/login.jsp, click on “Register” to begin the process, and then follow the prompts.

Questions

All questions shall identify in the subject line the Solicitation Number and Title (<<solicitationNumber>> - <<solicitationTitle>>), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet.

Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for RFP amendments, and posted on eMM.

The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the <<typeofAgency>> unless it issues an amendment in writing.

Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

Proposal Due (Closing) Date and Time

Proposals, in the number and form set forth in Section 5 Proposal Format, must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

Requests for extension of this date or time shall not be granted.

Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

Proposals may not be submitted by <<e-mail or>>**remove if e-mail is allowed** facsimile. Proposals will not be opened publicly.

Potential Offerors not responding to this solicitation are requested to submit the “Notice to Vendors” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

Multiple or Alternate Proposals

Multiple and/or alternate Proposals will not be accepted.

**If you wish to consider accepting Multiple or Alternate Proposals, discuss with your procurement supervisor, oversight agency and legal counsel. **

Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

Public Information Act Notice

An Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. (See also RFP Section 5.3.2.B “Claim of Confidentiality”). This confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

Award Basis

A Contract shall be awarded to the responsible Offeror **“Offeror(s)” if multiple awards are authorized** submitting the Proposal that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in this RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP. See RFP Section 6 for further award information.

**If more than one award is authorized, including multiple service categories or functional areas, contact your oversight agency and your AAG for help identifying the appropriate changes throughout the RFP.**

Oral Presentation

**Oral Presentations are strongly recommended. If you intend to have a live software demonstration as part of the oral presentation, you must include this information in this section. **

Offerors may be required to make oral presentations to State representatives. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the date any protest concerning this RFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

Revisions to the RFP

If the RFP is revised before the due date for Proposals, the <<typeofAgency>> shall post any addenda to the RFP on eMM and shall endeavor to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It remains the responsibility of all prospective Offerors to check eMM for any addenda issued prior to the submission of Proposals.

Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Transmittal Letter accompanying the Offeror’s Technical Proposal.

Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

Cancellations

The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

Offeror Responsibilities

Offerors must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror shall be responsible for Contract performance including any subcontractor participation.

All subcontractors shall be identified and a complete description of their role relative to the Proposal shall be included in the Offeror’s Proposal. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this RFP (see Section 4.26 “Minority Participation Goal” and Section 4.27 “VSBE Goal”).

If an Offeror is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience and/or qualifications of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, an Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, attached hereto as Attachment M. Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. All exceptions will be taken into consideration when evaluating an Offeror’s Proposal. The <<typeofAgency>> reserves the right to accept or reject any exceptions.

Proposal Affidavit

A Proposal submitted by an Offeror must be accompanied by a completed Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this RFP.

Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this RFP. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, an Offeror, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date and time. An Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

False Statements

Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

Falsify, conceal, or suppress a material fact by any scheme or device.

Make a false or fraudulent statement or representation of a material fact.

Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under Section 4.22.1.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, an Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at: http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf.

Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M), should an MBE goal apply to this RFP. Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Electronic Procurements Authorized

Under COMAR 21.03.05, unless otherwise prohibited by law, the <<typeofAgency>> may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this RFP, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile **remove all references to facsimile in this section if you don’t plan to accept facsimile. Adjust grammar accordingly>>, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange.

In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., RFP § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue:

The RFP

Any amendments and requests for best and final offers

Pre-Proposal conference documents

Questions and responses

Communications regarding the solicitation or Proposal to any Offeror or potential offeror

Notices of award selection or non-selection; and

The Procurement Officer’s decision on any Proposal protest or Contract claim.

An Offeror or potential Offeror may use e-mail to:

Submit proposals; **Retain if applicable. Otherwise delete this line. **

Ask questions regarding the solicitation;

Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer and;

Submit a "No Proposal Response" to the RFP.

The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.25.5 of this subsection, utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

Submission of initial Proposals**If proposals are to be accepted via e-mail, delete this line and renumber remaining requirements. **;

Filing of protests;

Filing of Contract claims;

Submission of documents determined by the <<typeofAgency>> to require original signatures (e.g., Contract execution, Contract modifications); or

Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

MBE Participation Goal

**If there is no MBE goal for this solicitation, enter only the following sentence for this section and delete the remainder of this section. Note: Furnish PRG documentation with any solicitation anticipated at greater than $50,000. **

There is no MBE subcontractor participation goal for this procurement.

**If there is a MBE goal for this solicitation, enter and complete the following language for this section.**

Establishment of Goal and Subgoals

An overall MBE subcontractor participation goal as identified in the Key Information Summary Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

Notwithstanding any subgoals established for this RFP, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

By submitting a response to this solicitation, the bidder or offeror acknowledges the overall MBE subcontractor participation goal and subgoals, and commits to achieving the overall goal and subgoals by utilizing certified minority business enterprises, or requests a full or partial waiver of the overall goal and subgoals.

Attachments D-1 to D-5 – The following Minority Business Enterprise participation instructions, and forms are provided to assist Offerors:

Attachment D-1A	MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (must be submitted with Proposal)

Attachment D-1B	Waiver Guidance

Attachment D-1C	Good Faith Efforts Documentation to Support Waiver Request

Attachment D-2	Outreach Efforts Compliance Statement

Attachment D-3A	MBE Subcontractor Project Participation Certification

Attachment D-3B	MBE Prime Project Participation Certification

Attachment D-4A	Prime Contractor Paid/Unpaid MBE Invoice Report

Attachment D-4B	MBE Prime Contractor Report

Attachment D-5	Subcontractor/Contractor Unpaid MBE Invoice Report

An Offeror shall include with its Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

The Offeror acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and

The Offeror responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Proposal submission. The Offeror shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

An Offeror requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If an Offeror fails to submit a completed Attachment D-1A with the Proposal as required, the Procurement Officer shall determine that the Proposal is not reasonably susceptible of being selected for award.

Offerors are responsible for verifying that each MBE (including any MBE prime and/or MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the Offeror must provide the following documentation to the Procurement Officer.

Outreach Efforts Compliance Statement (Attachment D-2);

MBE Subcontractor/Prime Project Participation Certification (Attachment D-3A/3B); and

Any other documentation required by the Procurement Officer to ascertain Offeror responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

Further, if the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable subgoal is necessary, the recommended awardee must submit a fully-documented waiver request that complies with COMAR 21.11.03.11.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076. The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.

An Offeror that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment D-1A), completed and submitted by the Offeror in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto. All of the referenced documents will be considered a part of the Proposal for order of precedence purposes (see Contract – Attachment M, Section 2.1).

The Offeror is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions. (See Contract – Attachment M, Liquidated Damages for MBE, section 39**Verify this contract clause number, as it may vary based on other clauses in the contract**.

As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

In order to receive credit for self-performance, an MBE prime must list its firm in Section 4A of the MBE Participation Schedule (Attachment D-1A) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors (see Section 4B of the MBE Participation Schedule (Attachment D-1A) used to meet those goals. If dually-certified, the MBE prime can be designated as only one of the MBE subgoal classifications but can self-perform up to 100% of the stated subgoal.

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract.

VSBE Goal

**If there is no VSBE goal for this solicitation, enter only the following sentence for this section, and delete the rest. **

There is no VSBE participation goal for this procurement.

**If there is a VSBE goal for this solicitation, enter and complete the following language for this section. **

Notice to Offerors

Questions or concerns regarding the VSBE participation goal of this solicitation must be raised before the due date for submission of Proposals.

Purpose

The Contractor shall structure its procedures for the performance of the work required in this Contract to attempt to achieve the VSBE participation goal stated in this solicitation. VSBE performance must be in accordance with this section and Attachment E, as authorized by COMAR 21.11.13. The Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this section and Attachment E.

Veteran-Owned Small Business Enterprises must be verified by the Office of Small and Disadvantaged Business Utilization (OSDBU) of the United States Department of Veterans Affairs. The listing of verified VSBEs may be found at http://www.va.gov/osdbu.

VSBE Goal

A VSBE participation goal of the total Contract dollar amount has been established for this procurement as identified in the Key Information Summary Sheet.

By submitting a response to this solicitation, the Offeror agrees that this percentage of the total dollar amount of the Contract will be performed by verified veteran-owned small business enterprises.

Solicitation and Contract Formation

In accordance with COMAR 21.11.13.05 C (1), this solicitation requires Offerors to:

Identify specific work categories within the scope of the procurement appropriate for subcontracting;

Solicit VSBEs before proposals are due, describing the identified work categories and providing instructions on how to bid on the subcontracts;

Attempt to make personal contact with the VSBEs solicited and to document these attempts;

Assist VSBEs to fulfill, or to seek waiver of, bonding requirements; and

Attempt to attend preproposal or other meetings the procurement agency schedules to publicize contracting opportunities to VSBEs.

An Offeror must include with its Proposal a completed VSBE Utilization Affidavit and Prime/Subcontractor Participation Schedule (Attachment E-1) whereby the Offeror:

Acknowledges it: a) intends to meet the VSBE participation goal; or b) requests a full or partial waiver of the VSBE participation goal. If the Offeror commits to the full VSBE goal or requests a partial waiver, it shall commit to making a good faith effort to achieve the stated goal; and

Responds to the expected degree of VSBE participation as stated in the solicitation, by identifying the specific commitment of VSBEs at the time of Proposal submission. The Offeror shall specify the percentage of contract value associated with each VSBE prime/subcontractor identified on the VSBE Participation Schedule.

As set forth in COMAR 21.11.13.05.B(2), when a verified VSBE firm participates on a Contract as a Prime Contractor, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the VSBE Prime Contractor performs with its own work force towards meeting up to one hundred percent (100%) of the VSBE goal.

In order to receive credit for self-performance, a VSBE Prime must list its firm in the VSBE Prime/Subcontractor Participation Schedule (Attachment E-1) and include information regarding the work it will self-perform. For any remaining portion of the VSBE goal that is not to be performed by the VSBE Prime, the VSBE Prime must also identify verified VSBE subcontractors used to meet the remainder of the goal.

Within 10 Business Days from notification that it is the apparent awardee, the awardee must provide the following documentation to the Procurement Officer:

VSBE Project Participation Statement (Attachment E-2);

If the apparent awardee believes a full or partial waiver of the overall VSBE goal is necessary, it must submit a fully-documented waiver request that complies with COMAR 21.11.13.07; and

Any other documentation required by the Procurement Officer to ascertain Offeror responsibility in connection with the VSBE participation goal.

If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not reasonably susceptible of being selected for award.

Living Wage Requirements

**This section does not apply for product purchases or service contracts under $100,000. If the solicitation is for product only, use the statement below and delete the sub-paragraphs following. If the value of services is expected to be close to $100,000 include the section. **

There is no Living Wage requirement for this procurement.

**Otherwise delete the above statement and retain the subparagraphs below. **

Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml

Additional information regarding the State’s living wage requirement is contained in Attachment F. Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Proposals. If an Offeror fails to complete and submit the required documentation, the State may determine the Offeror to not be responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07.

The Offeror shall identify in the Proposal the location from which services will be provided.

NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change.

Federal Funding Acknowledgement

**If the Contract to be awarded under this procurement does not contain federal funds, enter only the following sentence for this section and delete the rest). **

This Contract does not contain federal funds.

**If the Contract to be awarded under this procurement does contain federal funds, enter and complete the following language for this section. **

There are programmatic conditions that apply to this Contract due to federal funding (see Attachment G).

**Check with your AAG for applicability of 4.29.2 and 4.29.3 to this solicitation. **

The total amount of federal funds allocated for the <<name of administration or facility>> is $<<federal funds amount)>> in Maryland State fiscal year <<current fiscal year>>. This represents <<divide federal funds amount by the total of the unit’s budget%>>% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.

The Contract contains federal funds. The source of these federal funds is: <<name of federal program for funds source e.g., Medicaid, Ryan White, Title X>>. The CFDA number is: <<insert Catalog of Federal Domestic Assistance number>>. The conditions that apply to all federal funds awarded by the <<typeofAgency>> are contained in Federal Funds Attachment G. Any additional conditions that apply to this particular federally-funded contract are contained as supplements to Federal Funds Attachment G and Offerors are to complete and submit these Attachments with their Proposals as instructed in the Attachments. Acceptance of this agreement indicates the Offeror’s intent to comply with all conditions, which are part of the Contract.

Conflict of Interest Affidavit and Disclosure

**All oversight agencies recommend a conflict of interest affidavit should always be included with solicitations**

Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment H) and submit it with their Proposals. All Offerors are advised that if a Contract is awarded as a result of this solicitation, the Contractor’s personnel who perform or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment H, Conflict of Interest Affidavit and Disclosure.

Additionally, Contractors have an ongoing obligation to ensure that any necessary Contractor Personnel or subcontractor personnel have completed such agreements prior to providing services << under OR individual Task Orders issued under >>the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions Article, Title 5, might limit the selected Contractor's ability to participate in future related procurements, depending upon specific circumstances.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Non-Disclosure Agreement

Non-Disclosure Agreement (Offeror)

**If a Non-Disclosure Agreement is not required for reviewing information prior to Proposal submission, enter only the following sentence for this section and delete the rest under this 4.31.1 heading: **

A Non-Disclosure Agreement (Offeror) is not required for this procurement.

**If a Non-Disclosure Agreement is required for this solicitation, enter the following language for this section: **

Certain documentation may be available for potential Offerors to review at a reading room at <<address>>. Offerors who review such documentation will be required to sign a Non-Disclosure Agreement (Offeror) in the form of Appendix <<Offeror NDA Attachment Number>>. Please contact the Procurement Officer to schedule an appointment.

Non-Disclosure Agreement (Contractor)

**If a Non-Disclosure Agreement is not required for this solicitation, enter only the following sentence for this section and delete the rest. DoIT strongly recommends an NDA for any services contract. **

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

**If a Non-Disclosure Agreement is required for this solicitation, enter the following language for this section: **

All Offerors are advised that this solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment I. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Proposal.

HIPAA - Business Associate Agreement

**If a HIPAA Business Associate Agreement is not required for this solicitation, enter only the following sentence for this section and delete the rest. **

A HIPAA Business Associate Agreement is not required for this procurement.

**If a HIPAA Business Associate Agreement is required for this solicitation, enter the following language for this section, and select the appropriate Contract clause option in the Contract – Attachment M.**

Based on the determination by the <<typeofAgency>> that the functions to be performed in accordance with this solicitation constitute Business Associate functions as defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the recommended awardee shall execute a Business Associate Agreement as required by HIPAA regulations at 45 C.F.R. §164.500 et seq. and set forth in Attachment J. This Agreement must be provided within five (5) Business Days of notification of proposed Contract award. However, to expedite processing, it is suggested that this document be completed and submitted with the Proposal. Should the Business Associate Agreement not be submitted upon expiration of the five (5) Business Day period as required by this solicitation, the Procurement Officer, upon review of the Office of the Attorney General and approval of the Secretary, may withdraw the recommendation for award and make the award to the responsible Offeror with the next highest overall-ranked Proposal.

Nonvisual Access

**If this solicitation does not contain Information Technology (IT) provisions, enter only the following sentence for this section and delete the rest. **

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.

**If this solicitation does contain Information Technology (IT) provisions, enter the following language for this section. **

By submitting a Proposal in response to this RFP, an Offeror, if selected for award: Warrants that any Information Technology offered under the Proposal will meet the Non-visual Access Clause noted in COMAR 21.05.08.05 and described in detail below. The Non-visual Access Clause referenced in this solicitation is the basis for the standards that have been incorporated into the Maryland regulations, which can be found at: www.doit.maryland.gov, keyword: NVA. Note that the State’s Non-visual Access Clause has distinct requirements not found in the federal Section 508 clauses.

The Contractor warrants that the Information Technology to be provided under the Contract:

Provides equivalent access for effective use by both visual and non-visual means;

Will present information, including prompts used for interactive communications, in formats intended for both visual and non-visual use;

If intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and

Is available, whenever possible, without modification for compatibility with Software and hardware for non-visual access.

The Contractor further warrants that the cost, if any, of modifying the information technology for compatibility with Software and hardware used for non-visual access does not increase the cost of the information technology by more than five percent. For purposes of this Contract, the phrase “equivalent access” means the ability to receive, use and manipulate information and operate controls necessary to access and use information technology by non-visual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output. The Maryland IT Nonvisual Access standards can be found at: www.doit.maryland.gov/policies/pages/nva.aspx.

Mercury and Products That Contain Mercury

**If this solicitation does not include the procurement of products known to likely include mercury as a component (ex. thermometers, thermostats, fluorescents, LCD screens, laptops and computers, some batteries), enter only the following sentence for this section and delete the rest. **

This solicitation does not include the procurement of products known to likely include mercury as a component.

**If this solicitation does include the procurement of products known to likely include mercury as a component, choose and enter the following “Option” language for this section, as applicable). Note for IT purchases, Option 3 is typically the only one selected. **

**Option 1. This clause provides a price preference to only those products that are mercury-free. Enter the percentage preference for “X.” **

The <<typeofAgency>> shall give a price preference of <<X >>percent (X%) (not to exceed 5%; see COMAR 21.05.08.09) to Proposals for products or equipment that are mercury-free. The Offeror must submit a Mercury Affidavit in the form of Attachment K with its Proposal.

**Option 2. This clause provides a price preference to those products that are mercury-free or which provide the least amount of mercury. Enter the percentage preference for “X.” **

The <<typeofAgency>>shall give a price preference of <<X >>percent (<<X>>%) (not to exceed 5%; see COMAR 21.05.08.09) to Proposals for products or equipment that are mercury-free or, if mercury-free products or equipment are not offered, to the Proposals for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Offeror must submit a Mercury Affidavit in the form of Attachment K with its Proposal.

**Option 3. This clause requires that all products be mercury-free. **

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Offeror must submit a Mercury Affidavit in the form of Attachment K with its Proposal.

Location of the Performance of Services Disclosure

**If this procurement is not anticipated to have an estimated value of $2,000,000.00 or more, enter only the following sentence for this section and delete the rest. **

This solicitation does not require a Location of the Performance of Services Disclosure.

**If this procurement is anticipated to have an estimated value of $2,000,000.00 or more and includes services, enter the following language for this section: **

The Offeror is required to complete the Location of the Performance of Services Disclosure. A copy of this Disclosure is included as Attachment L. The Disclosure must be provided with the Proposal.

Department of Human Resources (DHR) Hiring Agreement

**If this solicitation does not require a DHR Hiring Agreement, enter only the following sentence for this section and delete the rest.

This solicitation does not require a DHR Hiring Agreement.

**If this solicitation does require a DHR Hiring Agreement, enter the following language for this section: **

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a DHR Hiring Agreement. A copy of this Affidavit is included as Attachment O. This Affidavit must be provided within five (5) Business Days of notification of recommended award.

Small Business Reserve (SBR) Procurement

**If this solicitation is not designated as a Small Business Reserve (SBR) Procurement, enter only the following sentence for this section and delete the rest. **

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

**If this solicitation is designated as a Small Business Reserve (SBR) Procurement, enter the following language for this section. **

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

It is independently owned and operated;

It is not a subsidiary of another business;

It is not dominant in its field of operation; and

With respect to employees:

Its wholesale operations did not employ more than 50 persons in its most recently completed three (3) fiscal years;

Its retail operations did not employ more than 25 persons in its most recently three (3) fiscal years;

Its manufacturing operations did not employ more than 100 persons in its most recently three (3) fiscal years;

Its service operations did not employ more than 100 persons in its most recently three (3) fiscal years;

Its construction operations did not employ more than 50 persons in its most recently three (3) fiscal years; and

The architectural and engineering services of the business did not employ more than 100 persons in its most recently three (3) fiscal years; and

With respect to gross sales:

The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently three (3) fiscal years;

The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently three (3) fiscal years;

The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently three (3) fiscal years;

The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently three (3) fiscal years;

The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently three (3) fiscal years; and

The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently three (3) fiscal years.

Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace.

Ineligible Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

Bonds

**If this solicitation does not require any type of surety bond, you may delete the entire section INCLUDING the section heading. Include 4.38.4, and 4.38.5, renumbering as appropriate, when there is at least one surety bond. **

Proposal/Bid Bond

Each Offeror must submit with its Proposal a Proposal/Bid Bond or other suitable security, as summarized in <<4.38.4>>, in the amount of five percent (5%) of the Total Evaluated Price, guaranteeing the availability of the goods and services at the offered price for 180 days after the due date for receipt of Proposals.

The bond shall be in the form provided in Appendix <<proposalBidBondAppendixNumber>>.

An Offeror may request a release of the bond after the date of the award in return for a release signed by the Contractor and accepted by the <<typeofAgency>>.

The cost of this bond, or other suitable security, is to be included in the total prices proposed and is not to be proposed and will not be recoverable as a separate cost item.

**The bond format in the attachment is as specified in COMAR. IT Is DoIT’s guidance for agencies to NOT UTILIZE A BOND FORM OTHER THAN THE ONE IN THIS RFP. Contractors often send a bond form - DoIT strongly recommends not accepting these forms because often these contractor-supplied forms contain additional terms. **

Performance Bond

**Performance bonds should be used sparingly for high risk procurements. If this solicitation does not require a Payment Bond, you may delete the entire section INCLUDING the section heading. If this solicitation does require software escrow, see DoIT for attachments appropriate to this section. Note: a Performance Bond must be submitted not later than the date of contract execution**

The successful Offeror shall deliver a Performance Bond, or other suitable security, to the State after notification of recommended award.

The successful Offeror must submit a Performance Bond, or other suitable security in the amount of <<$1,000,000.00>>, guaranteeing that the Contractor shall well and truly perform the Contract.

The Performance Bond shall be in the form provided in Appendix <<performanceBondAppendixNumber>> and underwritten by a surety company authorized to do business in the State and shall be subject to approval by the State, or other acceptable security for bond as described in COMAR 21.06.07, as summarized in <<4.38.4>>.

The Performance Bond shall be maintained throughout the term of this Contract, and renewal option period, if exercised. Evidence of renewal of the Performance Bond and payment of the required premium shall be provided to the State. This Performance Bond shall also secure liquidated damages.

The Performance Bond may be renewable annually. The Contractor shall provide to the State, 30 days before the annual expiration of the bond, confirmation from the surety that the bond will be renewed for the following year. Failure to timely provide this notice shall constitute an event of default under the Contract. Such a default may be remedied if the Contractor obtains a replacement bond that conforms to the requirements of the Contract and provides that replacement bond to the State prior to the expiration of the existing Performance Bond.

The cost of this bond, or other suitable security, is to be included in the total prices proposed and is not to be proposed and will not be recoverable as a separate cost item.

After the first year of the Contract, the Contractor may request a reduction in the amount of the Performance Bond. The amount and the duration of the reduction, if any, will be at the <<typeofAgency>>’s sole discretion. If any reduction is granted, the <<typeofAgency>>’s shall have the right to increase the amount of the Performance Bond to any amount, up to the original amount, at any time and at the <<typeofAgency>>’s sole discretion.

Payment Bond

**If this solicitation does not require a Payment Bond, you may delete the entire section INCLUDING the section heading. If this solicitation does require a Payment Bond, contact DoIT for language and any attachments appropriate to this section. Note: A Payment Bond must be submitted not later than the date of contract execution. The successful Offeror shall deliver the Payment Bond, or other suitable security, to the State after notification of recommended award. **

Acceptable security

Acceptable security shall be as described below, identified within and excerpted from COMAR 21.06.07:

Acceptable security for proposal/bid, performance, and payment bonds is limited to:

A bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;

A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

Pledge of securities backed by the full faith and credit of the United States government or bonds issued by the State;

An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer.

Surety Bond Assistance Program

Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $750,000. MSBDFA may also guarantee up to 90% of a surety's losses as a result of a Contractor’s breach of Contract; MSBDFA exposure on any bond guaranteed may not, however, exceed $900,000. Bonds issued directly by the program will remain in effect for the duration of the Contract, and those surety bonds that are guaranteed by the program will remain in effect for the duration of the surety’s exposure under the Contract. To be eligible for bonding assistance, a business must first be denied bonding by at least one surety on both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA. The applicant must employ fewer than 500 full-time employees or have gross sales of less than $50 million annually, have its principal place of business in Maryland or be a Maryland resident, must not subcontract more than 75 percent of the work, and the business or its principals must have a reputation of good moral character and financial responsibility. Finally, it must be demonstrated that the bonding or guarantee will have a measurable economic impact, through job creation and expansion of the state’s tax base. Applicants are required to work through their respective bonding agents in applying for assistance under the program. Questions regarding the bonding assistance program should be referred to:

Maryland Department of Business and Economic Development

Maryland Small Business Development Financing Authority

MMG Ventures

826 E. Baltimore Street

Baltimore, Maryland 21202

Phone: (410) 333-4270

Fax: (410) 333-2552

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Proposal Format

Two Part Submission

Offerors shall submit Proposals in separate volumes:

Volume I – TECHNICAL PROPOSAL

Volume II – FINANCIAL PROPOSAL

Proposal Packaging and Delivery

Proposals delivered by facsimile shall not be considered.

Provide no pricing information in the Technical Proposal. Provide no pricing information on the media submitted in the Technical Proposal.

**Pick one:

Option 1. For e-mail electronic submission use the following instruction, but remember you cannot refuse paper submissions so the paper instructions are still appropriate even for a planned e-mail submission. **

Offerors may submit Proposals by electronic means as described.

Electronic means includes e-mail to the Procurement Officer address listed on the Key Information Summary Sheet.

An Offeror wishing to deliver a hard copy (paper) Proposal shall contact the Procurement Officer for instructions.

E-mail submissions

All Proposal e-mails shall be sent with password protection.

The Procurement Officer will not accept submissions after the date and exact time stated in the Key Information Summary Sheet. The date and time of submission is determined by the date and time of arrival in the Procurement Officer’s e-mail box. Time stamps on outgoing email from Master Contractors shall not be accepted. Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the Procurement Officer after the due date will not be considered.

The State has established the following procedure to restrict access to Proposals received electronically: all Technical and Financial Proposals must be password protected, and the password for the TO Technical Proposal must be different from the password for the TO Financial Proposal. Offerors will provide these two passwords to <<ISSUINGAGENCYACRONYM>> upon request or their Proposal will be deemed not susceptible for award. Subsequent submissions of Proposal content will not be allowed.

The TO Procurement Officer will only contact those Offerors with TO Proposals that are reasonably susceptible for award.

Proposals submitted via e-mail must not exceed <<_____>> Mb. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information below.

The e-mail submission subject line shall state the RFP <<solicitationNumber>> and either “Technical” or “Financial.”

Two Part Submission:

Technical Proposal consisting of:

Technical Proposal and all supporting material in Microsoft Word format, version 2007 or greater,

the Technical Proposal in searchable Adobe PDF format,

a second searchable Adobe copy of the Technical Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 4.8), and

Financial Proposal consisting of:

Financial Proposal and all supporting material in <<xxxx>> format,

the Financial Proposal in searchable Adobe PDF format,

a second searchable Adobe copy of the Financial Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 4.8).

**Option 2. For Paper Submission use the following instructions and delete Option 1. **

Offerors may submit Proposals by hand or by mail as described below to the address provided in the Key Information Summary Sheet.

For U.S. Postal Service deliveries, any Proposal that has been received at the appropriate mailroom, or typical place of mail receipt, for the respective procuring unit by the time and date listed in the RFP will be deemed to be timely. If an Offeror chooses to use the U.S. Postal Service for delivery, the <<typeofAgency>> recommends that it use Express Mail, Priority Mail, or Certified Mail only as these are the only forms for which both the date and time of receipt can be verified by the <<typeofAgency>>. An Offeror using first class mail will not be able to prove a timely delivery at the mailroom, and it could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit.

Hand-delivery includes delivery by commercial carrier acting as agent for the Offeror. For any type of direct (non-mail) delivery, Offerors are advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery.

The Procurement Officer must receive all Technical and Financial Proposal material by the RFP due date and time specified in the Key Information Summary Sheet. Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the Procurement Officer after the due date will not be considered.

Two Part Submission: Offerors shall provide their Proposals in two separately sealed and labeled packages as follows:

Technical Proposal consisting of:

One (1) original executed Technical Proposal and all supporting material marked and sealed,

<<Four (4)>> duplicate copies of the above separately marked and sealed,

an electronic version of the Technical Proposal in Microsoft Word format, version 2007 or greater,

the Technical Proposal in searchable Adobe PDF format, and

a second searchable Adobe PDF copy of the Technical Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 4.8).

Financial Proposal consisting of:

One (1) original executed Financial Proposal and all supporting material marked and sealed,

<<four (4)>> duplicate copies of the above separately marked and sealed,

an electronic version of the Financial Proposal in searchable Adobe PDF format, and**add a line if you want the financial proposal in another format such as Excel in addition to the Adobe format. **

a second searchable Adobe pdf copy of the Financial Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 4.8).

Affix the following to the outside of each sealed Proposal. It is preferred, but not required, that the name, email address, and telephone number of a contact person for the Offeror be included on the outside of the packaging for each volume. Unless the resulting package will be too unwieldy, the State’s preference is for the separately sealed Technical and Financial Proposals to be submitted together in a single package to the Procurement Officer and including a label bearing:

RFP title and number,

Name and address of the Offeror, and

Closing date and time for receipt of Proposals

Label each electronic media (CD, DVD, or flash drive) on the outside with the RFP title and number, name of the Offeror, and volume number. Electronic media must be packaged with the original copy of the appropriate Proposal (Technical or Financial).

Volume I - Technical Proposal

NOTE:	Provide no pricing information in the Technical Proposal (Volume I). Include pricing information only in the Financial Proposal (Volume II).

In addition to the instructions below, responses in the Offeror’s Technical Proposal shall reference the organization and numbering of Sections in the RFP (e.g., “Section 2.2.1 Response . . .; “Section 2.2.2 Response . . .,”). All pages of both Proposal volumes shall be consecutively numbered from beginning (Page 1) to end (Page “x”).

The Technical Proposal shall include the following documents and information in the order specified as follows. Each section of the Technical Proposal shall be separated by a TAB as detailed below:

Title Page and Table of Contents (Submit under TAB A)

The Technical Proposal should begin with a Title Page bearing the name and address of the Offeror and the name and number of this RFP. A Table of Contents shall follow the Title Page for the Technical Proposal, organized by section, subsection, and page number.

Claim of Confidentiality (If applicable, submit under TAB A-1)

Any information which is claimed to be confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal. The entire Proposal cannot be given a blanket confidentiality designation - any confidentiality designation must apply to specific sections, pages, or portions of pages of the Proposal and an explanation for each claim shall be included.

Proposer Information Sheet and Transmittal Letter (Submit under TAB B)

The Offeror Information Sheet (see Appendix 2) and a Transmittal Letter shall accompany the Technical Proposal. The purpose of the Transmittal Letter is to transmit the Proposal and acknowledge the receipt of any addenda to this RFP issued before the Proposal due date and time. Transmittal Letter should be brief, be signed by an individual who is authorized to commit the Offeror to its Proposal and the requirements as stated in this RFP, and contain acknowledgement of all addenda to this RFP issued before the Proposal due date.

Executive Summary (Submit under TAB C)

The Offeror shall condense and highlight the contents of the Technical Proposal in a separate section titled “Executive Summary.”

In addition, the Summary shall indicate whether the Offeror is the subsidiary of another entity, and if so, whether all information submitted by the Offeror pertains exclusively to the Offeror. If not, the subsidiary Offeror shall include a guarantee of performance from its parent organization as part of its Executive Summary.

The Executive Summary shall also identify any exceptions the Offeror has taken to the requirements of this RFP, the Contract (Attachment M), or any other exhibits or attachments. Acceptance or rejection of exceptions is within the sole discretion of the State. Exceptions to terms and conditions, including requirements, may result in having the Proposal deemed unacceptable or classified as not reasonably susceptible of being selected for award.

Minimum Qualifications Documentation (If applicable, Submit under TAB D)

The Offeror shall submit any Minimum Qualifications documentation that may be required, as set forth in RFP Section 1.

Offeror Technical Response to RFP Requirements and Proposed Work Plan (Submit under TAB E)

**Read all of these and make sure they make sense for your proposal. In a lot of cases, a “work plan” doesn’t make sense. **

The Offeror shall address each RFP requirement (RFP Section 2 and Section 3) in its Technical Proposal with a cross reference to the requirement and describe how its proposed goods and services, including the goods and services of any proposed subcontractor(s), will meet or exceed the requirement(s). If the State is seeking Offeror agreement to any requirement(s), the Offeror shall state its agreement or disagreement. Any paragraph in the Technical Proposal that responds to an RFP requirement shall include an explanation of how the work will be performed. The response shall address each requirement in Section 2 and Section 3 in order, and shall contain a cross reference to the requirement.

Any exception to a requirement, term, or condition may result in having the Proposal classified as not reasonably susceptible of being selected for award or the Offeror deemed not responsible.

The Offeror shall give a definitive section-by-section description of the proposed plan to meet the requirements of the RFP, i.e., a Work Plan. The Work Plan shall include the specific methodology, techniques, and number of staff, if applicable, to be used by the Offeror in providing the required goods and services as outlined in RFP Section 2, Contractor Requirements: Scope of Work. The description shall include an outline of the overall management concepts employed by the Offeror and a project management plan, including project control mechanisms and overall timelines. Project deadlines considered contract deliverables must be recognized in the Work Plan. **This section is optional language; delete if not applicable. **

Implementation Schedule - Offeror shall provide the proposed implementation schedule with its Proposal**Optional language; delete if not applicable. **

The Offeror shall identify the location(s) from which it proposes to provide services, including, if applicable, any current facilities that it operates, and any required construction to satisfy the State’s requirements as outlined in this RFP. **Optional language; delete if not applicable. **

The Offeror shall provide a draft Problem Escalation Procedure (PEP) that includes, at a minimum, titles of individuals to be contacted by the Contract Monitor should problems arise under the Contract and explains how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. Final procedures shall be submitted as indicated in Section 3.8.

The Offeror shall provide a Backup solution/ strategy recommendation as part of its Proposal. **Optional language; amend or delete if not applicable. **

Disaster Recovery and Security Model description - For hosted services, the Offeror shall include its DR strategy, and for on premise, a description of a recommended DR strategy. **Optional language; amend or delete if not applicable. **

The Offeror shall include a deliverable description and schedule describing the proposed Deliverables as mapped to the State SDLC and the Deliverables table in Section 2.4.4. The schedule shall also detail proposed submission due date/frequency of each recommended Deliverable. **Optional language; delete if not applicable. **

The Offeror shall include an SLA in its Proposal as identified in Section 2.6. **Optional language; delete if not applicable. **

Description of technical risk of migrating from the existing system**Optional language; delete if not applicable. **

**Optional language; delete if not applicable. **Non-Compete Clause Prohibition:

The <<typeofAgency>> seeks to maximize the retention of personnel working under this Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in the staffing requirements of Section <<enter applicable subsection number(s)>> working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Offeror agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. To evidence compliance with this non-compete clause prohibition, each Offeror must include an affirmative statement in its technical proposal that the Offeror, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

**add any additional items for Offerors to address or include in their Proposals that are specific to your RFP. **

Product Requirements

**Delete this item if it doesn’t apply. Carefully review the items below for applicability. **

Offerors may propose open source software; however, the Offeror must provide operational support for the proposed software.

Details for each offering: The Offeror shall provide the following information for each offering:

Offering Name

Offeror relationship with manufacturer (e.g., manufacturer, reseller, partner)

Manufacturer

Short description of capability

Version (and whether version updates are limited in any way)

License type (e.g., user, CPU, node, transaction volume)

Subscription term (e.g., annual)

License restrictions, if any

Operational support offered (e.g., customer support, help desk, user manuals online or hardcopy), including description of multiple support levels (if offered), service level measures and reporting

Continuity of operations and disaster recovery plans for providing service at 24/7/365 level

Ability of the offering to read and export data in existing State enterprise data stores. Offerors in their Proposals shall describe the interoperability of data that can be imported or exported from the Solution, including generating industry standard formats.

Any processing or storage of data outside of the continental U.S.

Any limitations or constraints in the offering, including any terms or conditions (e.g., terms of service, ELA, AUP, professional services agreement, master agreement) – see also <<Section 5.3.2.P.2)>>**This xref will change if you omit any optional sections below. **

Compatibility with the State’s existing single sign-on system, SecureAuth or other single sign-on approaches;

APIs offered, and what type of content can be accessed and consumed.

Update / upgrade roadmap and procedures, to include: planned changes in the next 12 months, frequency of system update (updates to software applied) and process for updates/upgrades.

Frequency of updates to data services, including but not limited to, datasets provided as real-time feeds, and datasets updated on a regular basis (e.g., monthly, quarterly, annually, one-time).

What type of third party assessment (such as a SOC 2 Type II audit) is performed, the nature of the assessment (e.g., the trust principles and scope of assessment), and whether the results of the assessment pertinent to the State will be shared with the State. See also Section 3.9.

Offeror shall describe its security model and procedures supporting handling of State data. If more than one level of service is offered, the Offeror shall describe such services. Include, at a minimum:

procedures for and requirements for hiring staff (such as background checks),

any non-disclosure agreement Contractor Personnel sign,

whether the service is furnished out of the continental U.S. (see security requirements in Section 3.7),

Certifications such as FedRAMP,

Third party security auditing, including FISMA,

Published Security Incident reporting policy, and

Cybersecurity insurance, if any, maintained.

Experience and Qualifications of Proposed Staff (Submit under TAB F)

**Remove the next paragraph if key resources are not sought as part of the proposal. DoIT enforces a maximum of four proposed personnel during the evaluation process, who are presumed to be key personnel. **

As part of the evaluation of the Proposal for this RFP, Offerors shall propose exactly <<three (3)>> key resources and shall describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the <<typeofAgency>>. All other planned positions shall be described generally in the Staffing Plan, and may not be used as evidence of fulfilling company or personnel minimum qualifications.

The Offeror shall identify the qualifications and types of staff proposed to be utilized under the Contract.

The Offeror shall describe in detail how the proposed staff’s experience and qualifications relate to their specific responsibilities, including any staff of proposed subcontractor(s), as detailed in the Work Plan. The Offeror shall include individual resumes for Key Personnel, including Key Personnel for any proposed subcontractor(s), who are to be assigned to the project if the Offeror is awarded the Contract. Each resume should include the amount of experience the individual has had relative to the Scope of Work set forth in this solicitation.

Letters of intended commitment to work on the project, including letters from any proposed subcontractor(s), shall be included in this section. Offerors be aware of restrictions on substitution of Key Personnel prior to RFP award (see Substitution Prior to and Within 30 Days After Contract Execution in Section 3.11.5). **remove this last sentence if proposed personnel aren’t included.**

The Offeror shall provide an Organizational Chart outlining Personnel and their related duties. The Offeror shall include job titles and the percentage of time each individual will spend on his/her assigned tasks. Offerors using job titles other than those commonly used by industry standards must provide a crosswalk reference document.

Offeror Qualifications and Capabilities (Submit under TAB G)

The Offeror shall include information on past experience with similar projects and/or services. The Offeror shall describe how its organization can meet the requirements of this RFP and shall also include the following information:

The number of years the Offeror has provided the similar services;

The number of clients/customers and geographic locations that the Offeror currently serves;

The names and titles of headquarters or regional management personnel who may be involved with supervising the services to be performed under this Contract;

The Offeror’s process for resolving billing errors; and

An organizational chart that identifies the complete structure of the Offeror including any parent company, headquarters, regional offices, and subsidiaries of the Offeror.

References (Submit under TAB H)

**Confirm the quantity and recentness of the references are not too restrictive for the goods and services sought**

At least three (3) references are requested from customers who are capable of documenting the Offeror’s ability to provide the goods and services specified in this RFP. References used to meet any Minimum Qualifications (see RFP Section 1) may be used to meet this request. Each reference shall be from a client for whom the Offeror has provided goods and services within the past five (5) years and shall include the following information:

Name of client organization;

Name, title, telephone number, and e-mail address, if available, of point of contact for client organization; and

Value, type, duration, and description of goods and services provided.

The <<typeofAgency>> reserves the right to request additional references or utilize references not provided by an Offeror. Points of contact must be accessible and knowledgeable regarding Offeror performance.

List of Current or Prior State Contracts (Submit under TAB I)

Provide a list of all contracts with any entity of the State of Maryland for which the Offeror is currently performing goods and services or for which services have been completed within the last five (5) years. For each identified contract, the Offeror is to provide:

The State contracting entity;

A brief description of the goods and services provided;

The dollar value of the contract;

The term of the contract;

The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and

Whether the contract was terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised.

Information obtained regarding the Offeror’s level of performance on State contracts will be used by the Procurement Officer to determine the responsibility of the Offeror and considered as part of the experience and past performance evaluation criteria of the RFP.

Financial Capability (Submit under TAB J)

**Optional. Services should keep this section. For product purchases you may substitute “This section does not apply to this RFP” while keeping the heading. **

An Offeror must include in its Proposal a commonly-accepted method to prove its fiscal integrity. If available, the Offeror shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Offeror may supplement its response to this Section by including one or more of the following with its response:

Dun & Bradstreet Rating;

Standard and Poor’s Rating;

Lines of credit;

Evidence of a successful financial track record; and

Evidence of adequate working capital.

Certificate of Insurance (Submit under TAB K)

The Offeror shall provide a copy of its current certificate of insurance showing the types and limits of insurance in effect as of the Proposal submission date. The current insurance types and limits do not have to be the same as described in Section 3.6. See Section 3.6 for the required insurance certificate submission for the apparent awardee.

Subcontractors (Submit under TAB L)

The Offeror shall provide a complete list of all subcontractors that will work on the Contract if the Offeror receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if applicable. This list shall include a full description of the duties each subcontractor will perform and why/how each subcontractor was deemed the most qualified for this project. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate attachment(s) of this RFP.

Legal Action Summary (Submit under TAB M)

**Optional. Services should keep this section. For product purchases. You may substitute “This section does not apply to this RFP” while keeping the heading. **

This summary shall include:

A statement as to whether there are any outstanding legal actions or potential claims against the Offeror and a brief description of any action;

A brief description of any settled or closed legal actions or claims against the Offeror over the past five (5) years;

A description of any judgments against the Offeror within the past five (5) years, including the court, case name, complaint number, and a brief description of the final ruling or determination; and

In instances where litigation is ongoing and the Offeror has been directed not to disclose information by the court, provide the name of the judge and location of the court.

Economic Benefit Factors (Submit under TAB N)

**This section is optional. If you remove it, check for any cross references to subsequent sections that need to be renumbered. Also remove the associated evaluation criteria. **

The Offeror shall submit with its Proposal a narrative describing benefits that will accrue to the Maryland economy as a direct or indirect result of its performance of the Contract. Proposals will be evaluated to assess the benefit to Maryland’s economy specifically offered. The economic benefit offered should be consistent with the Offeror’s Total Proposal Price from Attachment B, the Financial Proposal Form. See COMAR 21.05.03.03A (3).

**Note: The default wording in the last sentence of the paragraph above may not be appropriate to use in all circumstances, such as when multiple awards are possible and Offerors will not know the amount of services each will be requested to provide until after Contract award. For such situations, the <<typeofAgency>> should include, in lieu of the default wording provided above, some alternative basis for Offerors to project the economic benefit of their proposals. i.e. such benefit might be based upon each $1,000, $10,000, etc. of Contract value; or the benefit may be requested as part of a task order proposal in response to a task order RFP. **

Proposals that identify specific benefits as being contractually enforceable commitments will be rated more favorably than Proposals that do not identify specific benefits as contractual commitments, all other factors being equal.

Offerors shall identify any performance guarantees that will be enforceable by the State if the full level of promised benefit is not achieved during the Contract term.

As applicable, for the full duration of the Contract, including any renewal period, or until the commitment is satisfied, the Contractor shall provide to the Procurement Officer or other designated agency personnel reports of the actual attainment of each benefit listed in response to this section. These benefit attainment reports shall be provided quarterly, unless elsewhere in these specifications a different reporting frequency is stated.

In responding to this section, the following do not generally constitute economic benefits to be derived from this Contract:

generic statements that the State will benefit from the Offeror’s superior performance under the Contract;

descriptions of the number of Offeror employees located in Maryland other than those that will be performing work under this Contract; or

tax revenues from Maryland-based employees or locations, other than those that will be performing, or used to perform, work under this Contract.

Discussion of Maryland-based employees or locations may be appropriate if the Offeror makes some projection or guarantee of increased or retained presence based upon being awarded this Contract.

Examples of economic benefits to be derived from a contract may include any of the following. For each factor identified below, identify the specific benefit and contractual commitments and provide a breakdown of expenditures in that category:

The Contract dollars to be recycled into Maryland’s economy in support of the Contract, through the use of Maryland subcontractors, suppliers and joint venture partners. Do not include actual fees or rates paid to subcontractors or information from your Financial Proposal;

The number and types of jobs for Maryland residents resulting from the Contract. Indicate job classifications, number of employees in each classification and the aggregate payroll to which the Offeror has committed, including contractual commitments at both prime and, if applicable, subcontract levels. If no new positions or subcontracts are anticipated as a result of this Contract, so state explicitly;

Tax revenues to be generated for Maryland and its political subdivisions as a result of the Contract. Indicate tax category (sales taxes, payroll taxes, inventory taxes and estimated personal income taxes for new employees). Provide a forecast of the total tax revenues resulting from the Contract;

Subcontract dollars committed to Maryland small businesses and MBEs; and

Other benefits to the Maryland economy which the Offeror promises will result from awarding the Contract to the Offeror, including contractual commitments. Describe the benefit, its value to the Maryland economy, and how it will result from, or because of the Contract award. Offerors may commit to benefits that are not directly attributable to the Contract, but for which the Contract award may serve as a catalyst or impetus.

Technical Proposal - Required Forms and Certifications (Submit under TAB O)

All forms required for the Technical Proposal are identified in Table 1 of Section 7 – RFP Attachments and Appendices. Unless directed otherwise by instructions within an individual form, complete, sign, and include all required forms in the Technical Proposal, under TAB O.

Offerors shall furnish any and all agreements the Offeror expects the State to sign or to be subject to in connection with or in order to use the Offeror’s services under this Contract This includes physical copies of all agreements referenced and incorporated in primary documents, including but not limited to any software licensing agreement for any software proposed to be licensed to the State under this Contract (e.g., EULA, Enterprise License Agreements, Professional Service agreement, Master Agreement) and any AUP.

For each service, hardware or software proposed as furnished by a third-party entity, Offeror must identify the third-party provider and provide a letter of authorization or such other documentation demonstrating the authorization for such services. In the case of an open source license, authorization for the open source shall demonstrate compliance with the open source license.

A Letter of Authorization shall be on letterhead or through the provider’s e-mail. Further, each Letter of Authorization shall be less than twelve (12) months old and must provide the following information:

Third-party POC name and alternate for verification

Third-party POC mailing address

Third-party POC telephone number

Third-party POC email address

If available, a Re-Seller Identifier

Volume II – Financial Proposal

The Financial Proposal shall contain all price information in the format specified in Attachment B. The Offeror shall complete the Financial Proposal Form only as provided in the Financial Proposal Instructions and the Financial Proposal Form itself.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Evaluation and Selection Process

Evaluation Committee

Evaluation of Proposals will be performed in accordance with COMAR 21.05.03 by a committee established for that purpose and based on the evaluation criteria set forth below. The Evaluation Committee will review Proposals, participate in Offeror oral presentations and discussions, and provide input to the Procurement Officer. The <<typeofAgency>> reserves the right to utilize the services of individuals outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.

During the evaluation process, the Procurement Officer may determine at any time that a particular Offeror is not susceptible for award.

Technical Proposal Evaluation Criteria

The criteria to be used to evaluate each Technical Proposal are listed below in descending order of importance. Unless stated otherwise, any sub-criteria within each criterion have equal weight.

**The Technical Criteria listed below are generic samples. You are free to revise these and include additional, more specific Evaluation Criteria, but if you choose to do so, make sure you reference particular RFP sections, as in the samples below. **

Offeror’s Technical Response to Requirements and Work Plan (See RFP § 5.3.2.F)

The State prefers an Offeror’s response to work requirements in the RFP that illustrates a comprehensive understanding of work requirements and mastery of the subject matter, including an explanation of how the work will be performed. Proposals which include limited responses to work requirements such as “concur” or “will comply” will receive a lower ranking than those proposals that demonstrate an understanding of the work requirements and include plans to meet or exceed them.

Experience and Qualifications of Proposed Staff (See RFP § 5.3.2.G)

Offeror Qualifications and Capabilities, including proposed subcontractors (See RFP § 5.3.2.H)

Economic Benefit to State of Maryland (See RFP § 5.3.2.O) **Delete if removed from 5.3.2. Double check the xref.**

Financial Proposal Evaluation Criteria

All Qualified Offerors (see Section 6.5.2.D) will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Proposal Price within the stated guidelines set forth in this RFP and as submitted on Attachment B - Financial Proposal Form.

Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Offerors in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 requires that procuring units apply a reciprocal preference under the following conditions:

The Maryland resident business is a responsible Offeror;

The most advantageous offer is from a responsible Offeror whose headquarters, principal base of operations, or principal site that will primarily provide the goods and services required under this RFP is in another state.

The other state gives a preference to its resident businesses through law, policy, or practice; and

The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

Selection Procedures

General

The Contract will be awarded in accordance with the Competitive Sealed Proposals (CSP) method described in COMAR 21.05.03. The CSP method allows for the conducting of discussions and the revision of Proposals during these discussions. Therefore, the State may conduct discussions with all Offerors that have submitted Proposals that are determined to be reasonably susceptible of being selected for contract award or potentially so. However, the State reserves the right to make an award without holding discussions.

With or without discussions, the State may determine an Offeror to be not responsible and/or an Offeror’s Proposal to be not reasonably susceptible of being selected for award at any time after the initial closing date for receipt of Proposals and prior to Contract award. If the State finds an Offeror to be not responsible and/or an Offeror’s Technical Proposal to be not reasonably susceptible of being selected for award, that Offeror’s Financial Proposal will be returned if the Financial Proposal is unopened at the time of the determination.

Selection Process Sequence

A determination is made that the MDOT Certified MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) is included and is properly completed, if there is a MBE goal. In addition, a determination is made that the VSBE Utilization Affidavit and subcontractor Participation Schedule (Attachment E-1) is included and is properly completed, if there is a VSBE goal.

Technical Proposals are evaluated for technical merit and ranked. During this review, oral presentations and discussions may be held. The purpose of such discussions will be to assure a full understanding of the State’s requirements and the Offeror’s ability to perform the services, as well as to facilitate arrival at a Contract that is most advantageous to the State. Offerors will be contacted by the State as soon as any discussions are scheduled.

Offerors must confirm in writing any substantive oral clarifications of, or changes in, their Technical Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Technical Proposal. Technical Proposals are given a final review and ranked.

The Financial Proposal of each Qualified Offeror (a responsible Offeror determined to have submitted an acceptable Proposal) will be evaluated and ranked separately from the Technical evaluation. After a review of the Financial Proposals of Qualified Offerors, the Evaluation Committee or Procurement Officer may again conduct discussions to further evaluate the Offeror’s entire Proposal.

When in the best interest of the State, the Procurement Officer may permit Qualified Offerors to revise their initial Proposals and submit, in writing, Best and Final Offers (BAFOs). The State may make an award without issuing a request for a BAFO. Offerors may only perform limited substitutions of proposed personnel as allowed in Section 3.11 (Substitution of Personnel). **Remove this statement if no proposed personnel requested**

Award Determination

Upon completion of the Technical Proposal and Financial Proposal evaluations and rankings, each Offeror will receive an overall ranking. The Procurement Officer will recommend award of the Contract to the responsible Offeror that submitted the Proposal determined to be the most advantageous to the State. In making this most advantageous Proposal determination, technical factors will receive <<**pick one** equal weight with/greater weight>> than financial factors.

Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall complete and furnish the documents and attestations as directed in Table 1 of Section 7 – RFP Attachments and Appendices.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP ATTACHMENTS AND APPENDICES

Instructions Page

A Proposal submitted by an Offeror must be accompanied by the completed forms and/or affidavits identified as “with proposal” in the “When to Submit” column in Table 1 below. All forms and affidavits applicable to this RFP, including any applicable instructions and/or terms, are identified in the “Applies” and “Label” columns in Table 1.

For documents required as part of the proposal:

For e-mail submissions, submit one (1) copy of each with signatures.

For paper submissions, submit two (2) copies of each with original signatures. All signatures must be clearly visible.

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete certain forms and affidavits after notification of recommended award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When to Submit” column.

For documents required after award, submit three (3) copies of each document within the appropriate number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column.

**Search for << to see the attachments and appendices that may be changed. Attachments with no <<>> are mandatory. Adjust the “Applies?” column as appropriate. Appendices may be removed, so all appendices remaining in the table should be Y. See the instructions in the appendices portion of the table below for appendix labeling instructions. *

Table 1: RFP ATTACHMENTS AND APPENDICES

Applies?	When to Submit	Label	Attachment Name
<<Y>>	Before Proposal	A	Pre-Proposal Conference Response Form
Y	Before Proposal	B	Financial Proposal Instructions and Form
Y	With Proposal	C	Proposal Affidavit
<<N>>	10 Business Days after recommended award	D	MBE Forms D-2, D-3A, D-3B Important: Attachment D-1C, if a waiver has been requested, is also required within 10 days of recommended award.
<<N>>	As directed in forms	D	MBE Forms D-4A, D-4B, D-5
<<N>>	With Proposal	E	Veteran-Owned Small Business Enterprise (VSBE) Form E-1
<<N>>	5 Business Days after recommended award	E	VSBE Forms E-2, E-3
<<Y>>	With Proposal	F	Maryland Living Wage Requirements for Service Contracts and Affidavit of Agreement
<<N>>	With Proposal	G	Federal Funds Attachments
Y	With Proposal	H	Conflict of Interest Affidavit and Disclosure
Y	5 Business Days after recommended award	I	Non-Disclosure Agreement (Contractor)
<<N>>	5 Business Days after recommended award	J	HIPAA Business Associate Agreement
<<N>>	With Proposal	K	Mercury Affidavit
<<N>>	With Proposal	L	Location of the Performance of Services Disclosure
Y	5 Business Days after recommended award	M	Contract
Y	5 Business Days after recommended award	N	Contract Affidavit
<<N>>	5 Business Days after recommended award	O	DHR Hiring Agreement
Appendices **Remove appendices not used in this RFP, add any additional appendices specific to this RFP, and renumber all. ** **Perform a find and replace using the entire <<>> code in the Label column to automatically renumber the Appendices in the rest of the document**
Applies?	When to Submit	Label	Attachment Name
Y	n/a	1	Abbreviations and Definitions
Y	With Proposal	2	Offeror Information Sheet
Y	With deliverables	<<dpafAppendixNumber>>	Deliverable Product Acceptance Form (DPAF)**delete if not applicable**
Y	n/a	<<laborCategoriesAppendixNumber>>	Labor Categories**delete if not applicable**
Y	With Proposal	<<laborResumeAppendixNumber>>	Labor Classification Personnel Resume Summary**delete if not applicable**
Y	Before Proposal, as directed in the RFP.	<<Offeror NDA Attachment Number>>	Non-Disclosure Agreement (Offeror)**delete if not applicable**
Y	5 Business Days after recommended award	<<performanceBondAppendixNumber>>	Performance Bond**delete if not applicable**
Y	5 Business Days after recommended award	<<paymentBondAppendixNumber>>	Payment Bond**delete if not applicable**
Y	With Proposal	<<proposalBidBondAppendixNumber>>	Proposal/Bid Bond**delete if not applicable**
**include any others unique to this solicitation**
Additional Submissions
Applies?	When to Submit	Label	Attachment Name
Y	5 Business Days after recommended award	Evidence of meeting insurance requirements (see Section 3.6); 1 copy
Y	10 Business Days after recommended award	PEP; 1 copy
Y	10 Business Days after recommended award	Fully executed Escrow Agreement; 1 copy**remove if no escrow**
<<Y>>	With deliverables	--	Deliverable Product Acceptance Form (DPAF) (see online at http://doit.maryland.gov/contracts/Documents/CATSPlus/CATS+DPAFSample.pdf) **delete entire line if it’s not applicable and renumber appendices**
**include any others unique to this solicitation**

Pre-Proposal Conference Response Form

**If a Pre-Proposal Conference will not be held, delete the content under this heading leaving only the following sentence for this section and delete the rest: **

A Pre-Proposal Conference will not be held.

**If a Pre-Proposal Conference will be held, tailor the following language: **

Solicitation Number <<solicitationNumber>>

<<solicitationTitle>>

A Pre-proposal conference will be held on <<preProposalDate>>, at <<preProposalLocation>>.

Please return this form by <<preProposalFormDue>>, advising whether or not you plan to attend. The completed form should be returned via e-mail or fax to the Procurement Officer at the contact information below:

<<procurementOfficerName>>

<<ISSUINGAGENCYACRONYM>>

E-mail: <<procurementOfficerEmail>>

Fax #: <<procurementOfficerFax>>

Please indicate:

Yes, the following representatives will be in attendance.
Attendees (Check the RFP for limits to the number of attendees allowed): 1. 2. 3.
No, we will not be in attendance.

Please specify whether any reasonable accommodations are requested (see RFP § 4.1“Pre-proposal conference”):
Offeror:
Offeror Name (please print or type)
By:
Signature/Seal
Printed Name:
Printed Name
Title:
Title
Date:
Date

Directions to the Pre-Proposal Conference

<<preProposalDirections>>

Financial Proposal Instructions & Form

B-1 Financial Proposal Instructions

In order to assist Offerors in the preparation of their Financial Proposal and to comply with the requirements of this solicitation, Financial Proposal Instructions and a Financial Proposal Form have been prepared. Offerors shall submit their Financial Proposal on the Financial Proposal Form in accordance with the instructions on the Financial Proposal Form and as specified herein. Do not alter the Financial Proposal Form or the Proposal may be determined to be not reasonably susceptible of being selected for award. The Financial Proposal Form is to be signed and dated, where requested, by an individual who is authorized to bind the Offeror to the prices entered on the Financial Proposal Form.

The Financial Proposal Form is used to calculate the Offeror’s TOTAL PROPOSAL PRICE. Follow these instructions carefully when completing your Financial Proposal Form:

A)	All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B)	All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this RFP and may not be contingent on any other factor or condition in any manner.

C)	All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35.

D)	Any goods or services required through this RFP and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E)	Every blank in every Financial Proposal Form shall be filled in. Any changes or corrections made to the Financial Proposal Form by the Offeror prior to submission shall be initialed and dated.

F)	Except as instructed on the Financial Proposal Form, nothing shall be entered on or attached to the Financial Proposal Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions may render the Proposal not reasonably susceptible of being selected for award.

G)	It is imperative that the prices included on the Financial Proposal Form have been entered correctly and calculated accurately by the Offeror and that the respective total prices agree with the entries on the Financial Proposal Form. Any incorrect entries or inaccurate calculations by the Offeror will be treated as provided in COMAR 21.05.03.03, and may cause the Proposal to be rejected.

H)	If option years are included, Offerors must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the RFP at the prices entered in the Financial Proposal Form.

I)	All Financial Proposal prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the RFP. The Financial Proposal price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid.

J)	Unless indicated elsewhere in the RFP, sample amounts used for calculations on the Financial Proposal Form are typically estimates for evaluation purposes only. Unless stated otherwise in the RFP, the <<typeofAgency>> does not guarantee a minimum or maximum number of units or usage in the performance of this Contract.

K)	Failure to adhere to any of these instructions may result in the Proposal being determined not reasonably susceptible of being selected for award.

**Add additional instructions as needed to assist Offerors in the completion of the Financial Proposal Form. Also, validate that the instructions above are appropriate for the type of prices being solicited. If inappropriate, delete any conflicting instructions as necessary. **

B-1 Financial Proposal Form

The Financial Proposal Form shall contain all price information in the format specified on these pages. Complete the Financial Proposal Form only as provided in the Financial Proposal Instructions. Do not amend, alter or leave blank any items on the Financial Proposal Form. If option years are included, Offerors must submit pricing for each option year. Failure to adhere to any of these instructions may result in the Proposal being determined not reasonably susceptible of being selected for award.

**The Financial Proposal Form should be included as a separate Excel document with with formulas that automatically calculate the Offeror’s Total Proposal Price. All cells except those in which an Offeror enters its line item prices and its signatory information must be locked. A generic sample is provided below. Use the footer below on the Excel document for signatures. Reference that Financial Proposal Form document here. **

See separate Excel Financial Proposal Form labeled xxxxx.xls.

Submitted by:

Offeror:
Offeror Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

Proposal Affidavit

A.	AUTHORITY

I hereby affirm that I, _____________________ (name of affiant) am the ______________ (title) and duly authorized representative of _________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B.	CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Offeror hereby certifies and agrees that the following information is correct: In preparing its Proposal on this project, the Offeror has considered all Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Proposal submitted by the Offeror on this project, and terminate any contract awarded based on the Proposal. As part of its Proposal, the Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1.	CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Proposal and:

(1)	Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2)	Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Proposal;

(3)	Fail to use the certified minority business enterprise in the performance of the contract; or

(4)	Pay the certified minority business enterprise solely for the use of its name in the Proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Proposal submitted by the Offeror on this project, and terminate any contract awarded based on the Proposal.

B-2.	CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.

The undersigned Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1)	Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2)	Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Proposal preference or a procurement contract;

(3)	Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4)	Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5)	Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or

(6)	Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.

C.	AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

____________________________________________________________

____________________________________________________________

D.	AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1)	Been convicted under state or federal statute of:

(a)	A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b)	Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2)	Been convicted of any criminal violation of a state or federal antitrust statute;

(3)	Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4)	Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5)	Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6)	Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;

(7)	Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract;

(8)	Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;

(9)	Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a)	§7201, Attempt to Evade or Defeat Tax;

(b)	§7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c)	§7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;

(d)	§7206, Fraud and False Statements, or

(e)	§7207 Fraudulent Returns, Statements, or Other Documents;

(10)	Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11)	Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

(12)	Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review;

(13)	Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review;

(14)	Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review; or

(15)	Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

____________________________________________________________

____________________________________________________________

E.	AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

____________________________________________________________

____________________________________________________________

F.	AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1)	The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2)	The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

____________________________________________________________

____________________________________________________________

G.	SUBCONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H.	AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1)	Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Proposal that is being submitted; or

(2)	In any manner, directly or indirectly, entered into any agreement of any kind to fix the Proposal price of the Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Proposal is submitted.

I.	CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J.	CONTINGENT FEES

I FURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K.	CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1)	The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated Code of Maryland:

(a)	It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and

(b)	It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland.

(2)	The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities:

____________________________________________________________

____________________________________________________________

L.	CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M.	I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

N.	ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

By:
Signature of Authorized Representative and Affiant
Printed Name:
Printed Name of Authorized Representative and Affiant
Title:
Title
Date:
Date

Minority Business Enterprise (MBE) Forms

**If this solicitation does not include an MBE goal, enter only the following sentence for this Attachment and delete the rest of these “D” Attachments. **

This solicitation does not include a Minority Business Enterprise (MBE) subcontractor participation goal.

**If this solicitation does include an MBE goal, include the following “D” Attachments: **

D-1A
MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHEDULE

INSTRUCTIONS

PLEASE READ BEFORE COMPLETING THIS DOCUMENT

This form includes Instructions and the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule which must be submitted with the proposal. If the Offeror fails to accurately complete and submit this Affidavit and Schedule with the proposal as required, the Procurement Officer shall deem the shall determine that the proposal is not reasonably susceptible of being selected for award.

1.	Contractor shall structure its procedures for the performance of the work required in this Contract to attempt to achieve the minority business enterprise (MBE) subcontractor participation goal stated in the Request for Proposals. Contractor agrees to exercise good faith efforts to carry out the requirements set forth in these Instructions, as authorized by the Code of Maryland Regulations (COMAR) 21.11.03.

2.	MBE Goals and Subgoals: Please review the solicitation for information regarding the Contract's MBE overall participation goals and subgoals. After satisfying the requirements for any established subgoals, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

3.	MBE means a minority business enterprise that is certified by the Maryland Department of Transportation (“MDOT”). Only MBEs certified by MDOT may be counted for purposes of achieving the MBE participation goals. In order to be counted for purposes of achieving the MBE participation goals, the MBE firm, including an MBE prime, must be MDOT-certified for the services, materials or supplies that it is committed to perform on the MBE Participation Schedule.

4.	Please refer to the MDOT MBE Directory at www.mdot.state.md.us to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS, please visit www.naics.com. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals. WARNING: If the firm's NAICS Code is in graduated status, such services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code is in the graduated status if the term “Graduated” follows the Code in the MDOT MBE Directory.

5.	Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the MBE participation goal (overall), including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

In order to receive credit for self-performance, an MBE prime must list its firm in Section 4A of the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform.

For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors (see Section 4B of the MBE Participation Schedule) used to meet those goals or request a waiver.

These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the Contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment D1-B Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

In certain instances, where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%. Please refer to GOSBA’s website (http://www.gomdsmallbiz.maryland.gov/Pages/default.aspx) for the MBE Prime Regulations Q&A for illustrative examples.

6.	Subject to items 1 through 5 above, when a certified MBE performs as a participant in a joint venture, a procurement agency may count a portion of the total dollar value of the contract equal to the distinct, clearly-defined portion of the work of the contract that the certified MBE performs with its workforce towards fulfilling the contract goal, and not more than one of the contract subgoals, if any.

7.	As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Please refer to COMAR 21.11.03.12-1 for more information regarding these requirements.

8.	If you have any questions as to whether a firm is certified to perform the specific services or provide specific products, please contact MDOT's Office of Minority Business Enterprise at 1-800-544-6056 or via e-mail to mbe@mdot.state.md.us sufficiently prior to the submission due date.

9.	Worksheet: The percentage of MBE participation, calculated using the percentage amounts for all of the MBE firms listed on the Participation Schedule MUST at least equal the MBE participation goal and subgoals (if applicable) set forth in the solicitation. If an Offeror is unable to achieve the MBE participation goal and/or any subgoals (if applicable), the Offeror must request a waiver in Item 1 of the MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) or the Proposal determined to be not susceptible of being selected for award. You may wish to use the Subgoal summary below to assist in calculating the percentages and confirm that you have met the applicable MBE participation goal and subgoals, if any.

Subgoals (if applicable)

Total African American MBE Participation:	<<mbeAfricanAmericanownedSubgoal>>%

Total Asian American MBE Participation:	<<mbeAsianAmericanSubgoal>>%

Total Hispanic American MBE Participation:	<<mbeHispanicAmericanownedSubgoal>>%

Total Women-Owned MBE Participation:	<<mbeWomenownedSubgoal>>%

Overall Goal

Total MBE Participation (include all categories):	<<mbeGoal>>%

D-1A
MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT & MBE PARTICIPATION SCHEDULE

This MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule must be completed in its entirety and included with the Proposal. If the Offeror fails to accurately complete and submit this Affidavit and Schedule with the Proposal as required, the Procurement Officer shall determine that the Proposal is not reasonably susceptible of being selected for award.

In connection with the Proposal submitted in response to Solicitation No. <<solicitationNumber>>, I affirm the following:

1.	MBE Participation (PLEASE CHECK ONLY ONE) **Agency should insert the participation goal and subgoal amounts from the PRG and Subgoal Worksheet in the blanks below, delete any of the subgoals that do not apply to this solicitation, and then delete this sentence of instruction**

(PLEASE CHECK ONLY ONE)

I acknowledge and intend to meet the overall certified Minority Business Enterprise (MBE) participation goal of <<mbeGoal>> percent and, if specified in the solicitation, the following subgoals (complete for only those subgoals that apply):

<<mbeAfricanAmericanownedSubgoal>> %for African American-owned MBE firms

<<mbeHispanicAmericanownedSubgoal>> % for Hispanic American-owned MBE firms

<<mbeAsianAmericanSubgoal>> % for Asian American-owned MBE firms

<<mbeWomenownedSubgoal>> % for Women-owned MBE firms

Therefore, I am not seeking a waiver pursuant to COMAR 21.11.03.11. I acknowledge that by checking the above box and agreeing to meet the stated goal and subgoal(s), if any, I must complete the MBE Participation Schedule (Item 4 below) in order to be considered for award.

OR

I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby request a waiver, in whole or in part, of the overall goal and/or subgoals. I acknowledge that by checking this box and requesting a partial waiver of the stated goal and/or one or more of the stated subgoal(s) if any, I must complete the MBE Participation Schedule (Item 4 below) for the portion of the goal and/or subgoal(s) if any, for which I am not seeking a waiver, in order to be considered for award.

2.	Additional MBE Documentation

I understand that if I am notified that I am the apparent awardee or as requested by the Procurement Officer, I must submit the following documentation within 10 business days of receiving notice of the potential award or from the date of conditional award (per COMAR 21.11.03.10), whichever is earlier:

Good Faith Efforts Documentation to Support Waiver Request (Attachment (D-1C)

Outreach Efforts Compliance Statement (Attachment D-2);

MBE Subcontractor/MBE Prime Project Participation Statement (Attachments D-3A/B);

Any other documentation, including additional waiver documentation if applicable, required by the Procurement Officer in connection with the certified MBE participation goal and subgoals, if any.

I understand that if I fail to return each completed document within the required time, the Procurement Officer may determine that my Proposal is not susceptible of being selected for contract award. If the contract has already been awarded, the award is voidable.

3.	Information Provided to MBE firms

In the solicitation of subcontract quotations or offers, MBE firms were provided not less than the same information and amount of time to respond as were non-MBE firms.

4.	MBE Participation Schedule

Set forth below are the (i) certified MBEs I intend to use, (ii) percentage of the total Contract amount allocated to each MBE for this project and (iii) items of work each MBE will provide under the Contract. I have confirmed with the MDOT database that the MBE firms identified below (including any self-performing prime firms) are performing work activities for which they are MDOT certified.

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

LIST INFORMATION FOR EACH CERTIFIED MBE FIRM YOU AGREE TO USE TO ACHIEVE THE MBE PARTICIPATION GOAL AND SUBGOALS, IF ANY. MBE PRIMES: PLEASE COMPLETE BOTH SECTIONS A AND B BELOW.

SECTION A: For MBE Prime Contractors ONLY (including MBE Primes in a Joint Venture)

MBE Prime Firm Name: MBE Certification Number: (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of total Contract Value to be performed with own forces and counted towards the MBE overall participation goal (up to 50% of the overall goal): _______% Percentage of total Contract Value to be performed with own forces and counted towards the subgoal, if any, for my MBE classification (up to 100% of not more than one subgoal): _______% Description of the Work to be performed with MBE prime’s workforce: ____________________________________________ ____________________________________________

SECTION B: For all Contractors (including MBE Primes and MBE Primes in a Joint Venture)

MBE Firm Name: _______________________ MBE Certification Number: ____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of Total Contract to be provided by this MBE: ________% Description of the Work to be Performed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
MBE Firm Name: _______________________ MBE Certification Number: ____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of Total Contract to be provided by this MBE: ________% Description of the Work to be Performed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
MBE Firm Name: _______________________ MBE Certification Number: ____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of Total Contract to be provided by this MBE: ________% Description of the Work to be Performed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
MBE Firm Name: _______________________ MBE Certification Number: ____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of Total Contract to be provided by this MBE: ________% Description of the Work to be Performed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
MBE Firm Name: _______________________ MBE Certification Number: ____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	Percentage of Total Contract to be provided by this MBE: ________% Description of the Work to be Performed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________

(Continue on separate page if needed)

I solemnly affirm under the penalties of perjury that: (i) I have reviewed the instructions for the MBE Utilization & Fair Solicitation Affidavit and MBE Schedule, and (ii) the information contained in the MBE Utilization & Fair Solicitation Affidavit and MBE Schedule is true to the best of my knowledge, information and belief.

Offeror:
Offeror Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

SUBMIT THIS AFFIDAVIT WITH PROPOSAL

D-1B WAIVER GUIDANCE

GUIDANCE FOR DOCUMENTING GOOD FAITH EFFORTS TO MEET MBE PARTICIPATION GOALS

In order to show that it has made good faith efforts to meet the Minority Business Enterprise (MBE) participation goal (including any MBE subgoals) on a contract, the Offeror must either (1) meet the MBE Goal(s) and document its commitments for participation of MBE Firms, or (2) when it does not meet the MBE Goal(s), document its Good Faith Efforts to meet the goal(s).

I.	Definitions

MBE Goal(s) – “MBE Goal(s)” refers to the MBE participation goal and MBE participation subgoal(s).

Good Faith Efforts - The “Good Faith Efforts” requirement means that when requesting a waiver, the Offeror must demonstrate that it took all necessary and reasonable steps to achieve the MBE Goal(s), which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE participation, even if those steps were not fully successful. Whether an Offeror that requests a waiver made adequate good faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that the Offeror has made. The efforts employed by the Offeror should be those that one could reasonably expect an Offeror to take if the Offeror were actively and aggressively trying to obtain MBE participation sufficient to meet the MBE contract goal and subgoals. Mere pro forma efforts are not good faith efforts to meet the MBE contract requirements. The determination concerning the sufficiency of the Offeror's good faith efforts is a judgment call; meeting quantitative formulas is not required.

Identified Firms – “Identified Firms” means a list of the MBEs identified by the procuring agency during the goal setting process and listed in the procurement as available to perform the Identified Items of Work. It also may include additional MBEs identified by the Offeror as available to perform the Identified Items of Work, such as MBEs certified or granted an expansion of services after the procurement was issued. If the procurement does not include a list of Identified Firms, this term refers to all of the MBE Firms (if State-funded) the Offeror identified as available to perform the Identified Items of Work and should include all appropriately certified firms that are reasonably identifiable.

Identified Items of Work – “Identified Items of Work” means the Proposal items identified by the procuring agency during the goal setting process and listed in the procurement as possible items of work for performance by MBE Firms. It also may include additional portions of items of work the Offeror identified for performance by MBE Firms to increase the likelihood that the MBE Goal(s) will be achieved. If the procurement does not include a list of Identified Items of Work, this term refers to all of the items of work the Offeror identified as possible items of work for performance by MBE Firms and should include all reasonably identifiable work opportunities.

MBE Firms – “MBE Firms” refers to firms certified by the Maryland Department of Transportation (“MDOT”) under COMAR 21.11.03. Only MDOT-certified MBE Firms can participate in the State's MBE Program.

II.	Types of Actions Agency will Consider

The Offeror is responsible for making relevant portions of the work available to MBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers, so as to facilitate MBE participation. The following is a list of types of actions the procuring agency will consider as part of the Offeror's Good Faith Efforts when the Offeror fails to meet the MBE Goal(s). This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

A.	Identify Proposal Items as Work for MBE Firms

1.	Identified Items of Work in Procurements

(a)	Certain procurements will include a list of Proposal items identified during the goal setting process as possible work for performance by MBE Firms. If the procurement provides a list of Identified Items of Work, the Offeror shall make all reasonable efforts to solicit quotes from MBE Firms to perform that work.

(b)	Offerors may, and are encouraged to, select additional items of work to be performed by MBE Firms to increase the likelihood that the MBE Goal(s) will be achieved.

2.	Identified Items of Work by Offerors

(a)	When the procurement does not include a list of Identified Items of Work or for additional Identified Items of Work, Offerors should reasonably identify sufficient items of work to be performed by MBE Firms.

(b)	Where appropriate, Offerors should break out contract work items into economically feasible units to facilitate MBE participation, rather than perform these work items with their own forces. The ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the Offeror of the responsibility to make Good Faith Efforts.

B.	Identify MBE Firms to Solicit

1.	MBE Firms Identified in Procurements

(a)	Certain procurements will include a list of the MBE Firms identified during the goal setting process as available to perform the items of work. If the procurement provides a list of Identified MBE Firms, the Offeror shall make all reasonable efforts to solicit those MBE firms.

(b)	Offerors may, and are encouraged to, search the MBE Directory to identify additional MBEs who may be available to perform the items of work, such as MBEs certified or granted an expansion of services after the solicitation was issued.

2.	MBE Firms Identified by Offerors

(a)	When the procurement does not include a list of Identified MBE Firms, Offerors should reasonably identify the MBE Firms that are available to perform the Identified Items of Work.

(b)	Any MBE Firms identified as available by the Offeror should be certified to perform the Identified Items of Work.

C.	Solicit MBEs

1.	Solicit all Identified Firms for all Identified Items of Work by providing written notice. The Offeror should:

(a)	provide the written solicitation at least 10 days prior to Proposal opening to allow sufficient time for the MBE Firms to respond;

(b)	send the written solicitation by first-class mail, facsimile, or e-mail using contact information in the MBE Directory, unless the Offeror has a valid basis for using different contact information; and

(c)	provide adequate information about the plans, specifications, anticipated time schedule for portions of the work to be performed by the MBE, and other requirements of the contract to assist MBE Firms in responding. (This information may be provided by including hard copies in the written solicitation or by electronic means as described in C.3 below.)

2.	“All” Identified Firms includes the MBEs listed in the procurement and any MBE Firms you identify as potentially available to perform the Identified Items of Work, but it does not include MBE Firms who are no longer certified to perform the work as of the date the Offeror provides written solicitations.

3.	“Electronic Means” includes, for example, information provided via a website or file transfer protocol (FTP) site containing the plans, specifications, and other requirements of the contract. If an interested MBE cannot access the information provided by electronic means, the Offeror must make the information available in a manner that is accessible to the interested MBE.

4.	Follow up on initial written solicitations by contacting MBEs to determine if they are interested. The follow up contact may be made:

(a)	by telephone using the contact information in the MBE Directory, unless the Offeror has a valid basis for using different contact information; or

(b)	in writing via a method that differs from the method used for the initial written solicitation.

5.	In addition to the written solicitation set forth in C.1 and the follow up required in C.4, use all other reasonable and available means to solicit the interest of MBE Firms certified to perform the work of the contract. Examples of other means include:

(a)	attending any pre-proposal meetings at which MBE Firms could be informed of contracting and subcontracting opportunities; and

(b)	if recommended by the procurement, advertising with or effectively using the services of at least two minority focused entities or media, including trade associations, minority/women community organizations, minority/women contractors' groups, and local, state, and federal minority/women business assistance offices listed on the MDOT Office of Minority Business Enterprise website.

D.	Negotiate with Interested MBE Firms

Offerors must negotiate in good faith with interested MBE Firms.

1.	Evidence of negotiation includes, without limitation, the following:

(a)	the names, addresses, and telephone numbers of MBE Firms that were considered;

(b)	a description of the information provided regarding the plans and specifications for the work selected for subcontracting and the means used to provide that information; and

(c)	evidence as to why additional agreements could not be reached for MBE Firms to perform the work.

2.	An Offeror using good business judgment would consider a number of factors in negotiating with subcontractors, including MBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration.

3.	The fact that there may be some additional costs involved in finding and using MBE Firms is not in itself sufficient reason for an Offeror's failure to meet the contract MBE goal(s), as long as such costs are reasonable. Factors to take into consideration when determining whether an MBE Firm’s quote is excessive or unreasonable include, without limitation, the following:

(a)	dollar difference between the MBE subcontractor’s quote and the average of the other subcontractors' quotes received by the Offeror;

(b)	percentage difference between the MBE subcontractor’s quote and the average of the other subcontractors' quotes received by the Offeror;

(c)	percentage that the MBE subcontractor’s quote represents of the overall contract amount;

(d)	number of MBE firms that the Offeror solicited for that portion of the work;

(e)	whether the work described in the MBE and Non-MBE subcontractor quotes (or portions thereof) submitted for review is the same or comparable; and

(f)	number of quotes received by the Offeror for that portion of the work.

4.	The above factors are not intended to be mandatory, exclusive, or exhaustive, and other evidence of an excessive or unreasonable price may be relevant.

5.	The Offeror may not use its price for self-performing work as a basis for rejecting an MBE Firm's quote as excessive or unreasonable.

6.	The “average of the other subcontractors’ quotes received” by the Offeror refers to the average of the quotes received from all subcontractors. Offeror should attempt to receive quotes from at least three subcontractors, including one quote from an MBE and one quote from a Non-MBE.

7.	An Offeror shall not reject an MBE Firm as unqualified without sound reasons based on a thorough investigation of the firm’s capabilities. For each certified MBE that is rejected as unqualified or that placed a subcontract quotation or offer that the Offeror concludes is not acceptable, the Offeror must provide a written detailed statement listing the reasons for this conclusion. The Offeror also must document the steps taken to verify the capabilities of the MBE and Non-MBE Firms quoting similar work.

(a)	The factors to take into consideration when assessing the capabilities of an MBE Firm, include, but are not limited to the following: financial capability, physical capacity to perform, available personnel and equipment, existing workload, experience performing the type of work, conduct and performance in previous contracts, and ability to meet reasonable contract requirements.

(b)	The MBE Firm’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of proposals in the efforts to meet the project goal.

E.	Assisting Interested MBE Firms

When appropriate under the circumstances, the decision-maker will consider whether the Offeror Offeror made reasonable efforts to assist interested MBR Firms in obtaining:

1.	The bonding, lines of credit, or insurance required by the procuring agency or the Offeror; and

2.	Necessary equipment, supplies, materials, or related assistance or services.

III.	Other Considerations

In making a determination of Good Faith Efforts the decision-maker may consider engineering estimates, catalogue prices, general market availability and availability of certified MBE Firms in the area in which the work is to be performed, other proposals or offers and subcontract proposals or offers substantiating significant variances between certified MBE and Non-MBE costs of participation, and their impact on the overall cost of the contract to the State and any other relevant factors.

The decision-maker may take into account whether an Offeror decided to self-perform subcontract work with its own forces, especially where the self-performed work is Identified Items of Work in the procurement. The decision-maker also may take into account the performance of other Offerors in meeting the contract. For example, when the apparent successful Offeror fails to meet the contract goal, but others meet it, this reasonably raises the question of whether, with additional reasonable efforts, the apparent successful Offeror could have met the goal. If the apparent successful Offeror fails to meet the goal, but meets or exceeds the average MBE participation obtained by other Offerors, this, when viewed in conjunction with other factors, could be evidence of the apparent successful Offeror having made Good Faith Efforts.

IV.	Documenting Good Faith Efforts

At a minimum, an Offeror seeking a waiver of the MBE Goal(s) or a portion thereof must provide written documentation of its Good Faith Efforts, in accordance with COMAR 21.11.03.11, within 10 business days after receiving notice that it is the apparent awardee. The written documentation shall include the following:

A.	Items of Work (Complete Good Faith Efforts Documentation Attachment D-1C, Part 1)

A detailed statement of the efforts made to select portions of the work proposed to be performed by certified MBE Firms in order to increase the likelihood of achieving the stated MBE Goal(s).

B.	Outreach/Solicitation/Negotiation

1.	The record of the Offeror's compliance with the outreach efforts prescribed by COMAR 21.11.03.09C(2)(a). (Complete Outreach Efforts Compliance Statement - D-2).

2.	A detailed statement of the efforts made to contact and negotiate with MBE Firms including:

(a)	the names, addresses, and telephone numbers of the MBE Firms who were contacted, with the dates and manner of contacts (letter, fax, e-mail, telephone, etc.) (Complete Good Faith Efforts Attachment D-1C- Part 2, and submit letters, fax cover sheets, e-mails, etc. documenting solicitations); and

(b)	a description of the information provided to MBE Firms regarding the plans, specifications, and anticipated time schedule for portions of the work to be performed and the means used to provide that information.

C.	Rejected MBE Firms (Complete Good Faith Efforts Attachment D-1C, Part 3)

1.	For each MBE Firm that the Offeror concludes is not acceptable or qualified, a detailed statement of the reasons for the Offeror’s conclusion, including the steps taken to verify the capabilities of the MBE and Non-MBE Firms quoting similar work.

2.	For each certified MBE Firm that the Offeror concludes has provided an excessive or unreasonable price, a detailed statement of the reasons for the Offeror’s conclusion, including the quotes received from all MBE and Non-MBE firms proposing on the same or comparable work. (Include copies of all quotes received.)

3.	A list of MBE Firms contacted but found to be unavailable. This list should be accompanied by an MBE Unavailability Certificate (see D-1B - Exhibit A to this Part 1) signed by the MBE contractor or a statement from the Offeror that the MBE contractor refused to sign the MBE Unavailability Certificate.

D.	Other Documentation

1.	Submit any other documentation requested by the Procurement Officer to ascertain the Offeror's Good Faith Efforts.

2.	Submit any other documentation the Offeror believes will help the Procurement Officer ascertain its Good Faith Efforts.

D-1B - Exhibit A
MBE Subcontractor Unavailability Certificate

1. It is hereby certified that the firm of

(Name of Minority firm)

located at

(Number)	(Street)

(City)	(State)	(Zip)

was offered an opportunity to bid on Solicitation No.	<<solicitationNumber>>

in	County by

(Name of Prime Contractor’s Firm)

*************************************************************************************

2.	(Minority Firm), is either unavailable for the work/service or unable to prepare a proposal for this project for the following reason(s):

*************************************************************************************

(Signature of Minority Firm’s MBE Representative)	(Title)	(Date)
(MDOT Certification #)	(Telephone #)

**********************************************************************************

3. To be completed by the prime contractor if Section 2 of this form is not completed by the minority firm.

To the best of my knowledge and belief, said Certified Minority Business Enterprise is either unavailable for the work/service for this project, is unable to prepare a proposal, or did not respond to a request for a price proposal and has not completed the above portion of this submittal.

(Signature of Prime Contractor)	(Title)	(Date)

D-1C
GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

Parts 1, 2, and 3 must be included with this certificate along with all documents supporting your waiver request.

I affirm that I have reviewed Attachment D-1B, Waiver Guidance. I further affirm under penalties of perjury that the contents of Parts 1, 2, and 3 of this Attachment D-1C Good Faith Efforts Documentation Form are true to the best of my knowledge, information, and belief.

Company:
Company Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 1 – Identified items of work Offeror made available to MBE firms

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

Identify those items of work that the Offeror made available to MBE Firms. This includes, where appropriate, those items the Offeror identified and determined to subdivide into economically feasible units to facilitate the MBE participation. For each item listed, show the anticipated percentage of the total contract amount. It is the Offeror’s responsibility to demonstrate that sufficient work to meet the goal was made available to MBE Firms, and the total percentage of the items of work identified for MBE participation equals or exceeds the percentage MBE goal set for the procurement. Note: If the procurement includes a list of Proposal items identified during the goal setting process as possible items of work for performance by MBE Firms, the Offeror should make all of those items of work available to MBE Firms or explain why that item was not made available. If the Offeror selects additional items of work to make available to MBE Firms, those additional items should also be included below.

Identified Items of Work	Was this work listed in the procurement?	Does Offeror normally self-perform this work?	Was this work made available to MBE Firms? If no, explain why?
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No
□ Yes □ No	□ Yes □ No	□ Yes □ No

Please check if Additional Sheets are attached.

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 2 – identified MBE firms and record of solicitations

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

Identify the MBE Firms solicited to provide quotes for the Identified Items of Work made available for MBE participation. Include the name of the MBE Firm solicited, items of work for which quotes were solicited, date and manner of initial and follow-up solicitations, whether the MBE provided a quote, and whether the MBE is being used to meet the MBE participation goal. MBE Firms used to meet the participation goal must be included on the MBE Participation Schedule. Note: If the procurement includes a list of the MBE Firms identified during the goal setting process as potentially available to perform the items of work, the Offeror should solicit all of those MBE Firms or explain why a specific MBE was not solicited. If the Offeror identifies additional MBE Firms who may be available to perform Identified Items of Work, those additional MBE Firms should also be included below. Copies of all written solicitations and documentation of follow-up calls to MBE Firms must be attached to this form. This list should be accompanied by a Minority Contractor Unavailability Certificate signed by the MBE contractor or a statement from the Offeror that the MBE contractor refused to sign the Minority Contractor Unavailability Certificate (Attachment D-1B - Exhibit A). If the Offeror used a Non-MBE or is self-performing the identified items of work, Part 4 must be completed.

Name of Identified MBE Firm & MBE Classification	Describe Item of Work Solicited	Initial Solicitation Date & Method	Follow-up Solicitation Date & Method	Details for Follow-up Calls	Quote Rec’d	Quote Used	Reason Quote Rejected
Firm Name: MBE Classification (Check only if requesting waiver of MBE subgoal.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification ______________________	Date: □ Mail □ Facsimile □ E-mail	Date: □ Phone □ Mail □ Facsimile □ E-mail	Time of Call: Spoke with: _________ □ Left Message	□ Yes □ No	□ Yes □ No	□ Used Other MBE □ Used Non-MBE □ Self-performing
Firm Name: MBE Classification (Check only if requesting waiver of MBE subgoal.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification ______________________	Date: □ Mail □ Facsimile □ E-mail	Date: □ Phone □ Mail □ Facsimile □ E-mail	Time of Call: Spoke with: _________ □ Left Message	□ Yes □ No	□ Yes □ No	□ Used Other MBE □ Used Non-MBE □ Self-performing

Please check if Additional Sheets are attached.

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 3 – additional information regarding rejected MBE quotes

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

This form must be completed if Part 1 indicates that an MBE quote was rejected because the Offeror is using a Non-MBE or is self-performing the Identified Items of Work. Provide the Identified Items Work, indicate whether the work will be self-performed or performed by a Non-MBE, and if applicable, state the name of the Non-MBE. Also include the names of all MBE and Non-MBE Firms that provided a quote and the amount of each quote.

Describe Identified Items of Work Not Being Performed by MBE (Include spec/ section number from Proposal)	Self-performing or Using Non-MBE (Provide name)	Amount of Non-MBE Quote	Name of Other Firms who Provided Quotes & Whether MBE or Non-MBE	Amount Quoted	Indicate Reason Why MBE Quote Rejected & Briefly Explain
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other

Please check if Additional Sheets are attached.

D- 2
OUTREACH EFFORTS COMPLIANCE STATEMENT

Complete and submit this form within 10 Business Days of notification of apparent award or actual award, whichever is earlier.

In conjunction with the Proposal submitted in response to Solicitation No. <<solicitationNumber>>, I state the following:

1.	Offeror identified subcontracting opportunities in these specific work categories:

2.	Attached to this form are copies of written solicitations (with proposal instructions) used to solicit certified MBE firms for these subcontract opportunities.

3.	Offeror made the following attempts to personally contact the solicited MDOT-certified MBE firms:

4.	Please Check One:

□	This project does not involve bonding requirements.

□	Offeror assisted MDOT-certified MBE firms to fulfill or seek waiver of bonding requirements. (DESCRIBE EFFORTS):

5.	Please Check One:

Offeror did attend the pre-proposal conference.
No pre -proposal meeting/conference was held.
Offeror did not attend the pre-proposal conference.

PLEASE PRINT OR TYPE

Company:
Company Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

D-3A
MBE SUBCONTRACTOR PROJECT PARTICIPATION CERTIFICATION

Please complete and submit one form for each certified MBE firm listed on the MBE Participation schedule (Attachment D-1A) within 10 Business Days of notification of apparent award. If the Offeror fails to return this affidavit within the required time, the Procurement Officer may determine that Proposal is not susceptible of being selected for Contract award.

Provided that ___________________ (Prime Contractor’s Name) is awarded the State contract in conjunction with Solicitation No. <<solicitationNumber>>, such Prime Contractor intends to enter into a subcontract with ____________________(Subcontractor’s Name) committing to participation by the MBE firm ___________________ (MBE Name) with MDOT Certification Number _______________ which will receive at least $___________ which equals to___% of the Total Contract Amount for performing the following goods and services for the Contract:

NAICS CODE	WORK ITEM, SPECIFICATION NUMBER, LINE ITEMS OR WORK CATEGORIES (IF APPLICABLE)	DESCRIPTION OF SPECIFIC PRODUCTS AND/OR SERVICES

Each of the Contractor and subcontractor acknowledges that, for purposes of determining the accuracy of the information provided herein, the Procurement Officer may request additional information, including, without limitation, copies of the subcontract agreements and quotes. Each of the Contractor and subcontractor solemnly affirms under the penalties of perjury that: (i) the information provided in this MBE Subcontractor Project Participation Affidavit is true to the best of its knowledge, information and belief, and (ii) has fully complied with the State Minority Business Enterprise law, State Finance and Procurement Article §14-308(a)(2), Annotated Code of Maryland which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Proposal and:

(1)	fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified Minority Business Enterprise in its Proposal;

(2)	fail to notify the certified Minority Business Enterprise before execution of the Contract of its inclusion of the Proposal;

(3)	fail to use the certified Minority Business Enterprise in the performance of the Contract; or

(4)	pay the certified Minority Business Enterprise solely for the use of its name in the Proposal.

Prime Contractor	Subcontractor
Company:	Company:
Company Name (please print or type)	Company Name (please print or type)
FEIN:	FEIN:
Federal Identification Number	Federal Identification Number
Phone Number:	Phone Number:
Phone Number	Phone Number
By:	By:
Signature of Authorized Representative	Signature of Authorized Representative
Date:	Date:
Date	Date
Printed Name:	Printed Name:
Printed Name	Printed Name
Title:	Title:
Printed Title	Title
Address:	Address:
Company Address	Address

D-3B
MBE PRIME PROJECT PARTICIPATION CERTIFICATION

Please complete and submit this form to attest each specific item of work that your MBE firm has listed on the MBE Participation Schedule (Attachment D-1A) for purposes of meeting the MBE participation goals. This form must be submitted within 10 Business Days of notification of apparent award. If the Offeror fails to return this affidavit within the required time, the Procurement Officer may determine that Proposal is not susceptible of being selected for Contract award.

Provided that ___________________ (Prime Contractor’s Name) with Certification Number ___________________ is awarded the State contract in conjunction with Solicitation No. ______________________, such MBE Prime Contractor intends to perform with its own forces at least $___________ which equals to___% of the Total Contract Amount for performing the following goods and services for the Contract:

NAICS CODE	WORK ITEM, SPECIFICATION NUMBER, LINE ITEMS OR WORK CATEGORIES (IF APPLICABLE) For Construction Projects, General Conditions must be listed separately	DESCRIPTION OF SPECIFIC PRODUCTS AND/OR SERVICES	VALUE OF THE WORK

MBE Prime Contractor

Company:
Company Name (please print or type)
FEIN:
Federal Identification Number
Address:
Company Address
Phone:
Phone
Printed Name:
Printed Name
Title:
Title
By:
Signature of Authorized Representative
Date:
Date

D-4A
Minority Business Enterprise Participation
MBE Prime Contractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
Prime Contractor: Report is due to the MBE Liaison by the 10th of the month following the month the services were provided. Note: Please number reports in sequence	Contract Amount:
MBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

Prime Contractor:	Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
MBE Subcontractor Name:	Contact Person:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments made to MBE subcontractor named above during this reporting period:	List dates and amounts of any outstanding invoices:
Invoice #	Amount	Invoice #	Amount
1.	1.
2.	2.
3.	3.
4.	4.
Total Dollars Paid: $	Total Dollars Unpaid: $

If more than one MBE subcontractor is used for this contract, you must use separate Attachment D-4A forms. Information regarding payments that the MBE prime will use for purposes of meeting the MBE participation goals must be reported separately in Attachment D-4B.

Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractManagerName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

D-4B
Minority Business Enterprise Participation
MBE Prime Contractor Report

MBE Prime Contractor:	Contract #:
Certification Number:	Contracting Unit: <<issuingAgencyName>>
Report #:	Contract Amount:
Reporting Period (Month/Year):	Total Value of the Work to the Self-Performed for purposes of Meeting the MBE participation goal/subgoals:
MBE Prime Contractor: Report is due to the MBE Liaison by the 10th of the month following the month the services were provided. Note: Please number reports in sequence
Project Begin Date:
Project End Date:

Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:

Invoice Number	Value of the Work	NAICS Code	Description of Specific Products and/or Services

Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractManagerName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

D-5
Minority Business Enterprise Participation
MBE Subcontractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
Report is due by the 10th of the month following the month the services were performed.	MBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

MBE Subcontractor Name:
MDOT Certification #:
Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments received from Prime Contractor during reporting period indicated above.	List dates and amounts of any unpaid invoices over 30 days old.
Invoice Amount	Date	Invoice Amount	Date
1.	1.
2.	2.
3.	3.
4.	4.
Total Dollars Paid: $	Total Dollars Unpaid: $
Prime Contractor:	Contract Person:

Return one copy of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractManagerName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

Veteran-Owned Small Business Enterprise (VSBE) Forms

** If this solicitation does not include a VSBE goal (see RFP Section 4.27), enter only the following sentence for this Attachment and delete the rest of these “E” Attachments. **

This solicitation does not include a Veteran-Owned Small Business Enterprise goal.

** If this solicitation does include a VSBE goal (see RFP Section 4.27), enter the following language for these Attachments**

E-1
VSBE Utilization Affidavit and Prime/Subcontractor Participation Schedule

(submit with Proposal)

This document MUST BE included with the Proposal. If the Offeror fails to complete and submit this form with the Proposal, the procurement officer may determine that the Proposal is not reasonably susceptible of being selected for award.

In conjunction with the Proposal submitted in response to Solicitation No. <<solicitationNumber>>, I affirm the following:

1.	I acknowledge and intend to meet the overall verified VSBE participation goal of <<vsbeGoal>>%. Therefore, I will not be seeking a waiver.

OR

I conclude that I am unable to achieve the VSBE participation goal. I hereby request a waiver, in whole or in part, of the overall goal. Within 10 business days of receiving notice that our firm is the apparent awardee, I will submit all required waiver documentation in accordance with COMAR 21.11.13.07. If this request is for a partial waiver, I have identified the portion of the VSBE goal that I intend to meet.

2.	I understand that if I am notified that I am the apparent awardee, I must submit the following additional documentation within 10 days of receiving notice of the apparent award or from the date of conditional award (per COMAR 21.11.13.06), whichever is earlier.

(a)	Subcontractor Project Participation Statement (Attachment E-2); and

(b)	Any other documentation, including waiver documentation, if applicable, required by the Procurement Officer to ascertain Offeror responsibility in connection with the VSBE participation goal.

I understand that if I fail to return each completed document within the required time, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has already been awarded, the award is voidable.

3.	In the solicitation of subcontract quotations or offers, VSBE subcontractors were provided not less than the same information and amount of time to respond as were non-VSBE subcontractors.

4.	Set forth below are the (i) verified VSBEs I intend to use and (ii) the percentage of the total contract amount allocated to each VSBE for this project. I hereby affirm that the VSBE firms are only providing those goods and services for which they are verified.

E-1VSBE Subcontractor Participation Schedule

Prime Contractor: Offeror Company Name, Street Address, Phone	Project Description: <<projectDescription>>	PROJECT/CONTRACT NUMBER: <<Solicitation Number>>

List Information for Each Verified VSBE Prime Contractor or Subcontractor On This Project

Name of Veteran-Owned Firm: Percentage of Total Contract:	DUNS Number:
Description of work to be performed:
Name of Veteran-Owned Firm: Percentage of Total Contract:	DUNS Number:
Description of work to be performed:
Name of Veteran-Owned Firm: Percentage of Total Contract:	DUNS Number:
Description of work to be performed:
Name of Veteran-Owned Firm: Percentage of Total Contract:	DUNS Number:
Description of work to be performed:

Continue on a separate page, if needed.

SUMMARY

TOTAL VSBE Participation:	<<vsbeGoal>>%

I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of my knowledge, information, and belief.

PLEASE PRINT OR TYPE

Company:
Company Name (please print or type)
Printed Name:
Printed Name
Title:
Title
Address:
Company Address
By:
Signature of Authorized Representative
Date:
Date

E-1A
VSBE Subcontractor Unavailability Certificate

1. It is hereby certified that the firm of

(Name of Veteran-owned firm)

located at

(Number)	(Street)

(City)	(State)	(Zip)

was offered an opportunity to bid on Solicitation No.	<<solicitationNumber>>

in County by

(Name of Prime Contractor’s Firm)

*************************************************************************************

2.	(Veteran-owned Firm), is either unavailable for the work/service or unable to prepare a proposal for this project for the following reason(s):

*************************************************************************************

(Signature of Veteran-owned firm’s VSBE Representative)	(Title)	(Date)
(USDVA #)	(Telephone #)

**********************************************************************************

3.	To be completed by the prime contractor if Section 2 of this form is not completed by the veteran-owned firm.

To the best of my knowledge and belief, said Veteran-Owned Small Business Enterprise is either unavailable for the work/service for this project, is unable to prepare a proposal, or did not respond to a request for a price proposal and has not completed the above portion of this submittal.

(Signature of Prime Contractor)	(Title)	(Date)

E-2
VSBE Subcontractor Participation Statement

Please complete and submit one form for each verified VSBE listed on E-1 within 10 Business Days of notification of apparent award.

___________________ (prime contractor) has entered into a contract with ____________________________ (subcontractor) to provide services in connection with the Solicitation described below.

Prime Contractor (Firm Name, Address, Phone):	Project Description: <<projectDescription>>
Project Number: <<Solicitation Number>>	Total Contract Amount: $
Name of Veteran-Owned Firm: Address:	DUNS Number:
FEIN:
Work to Be Performed:
Percentage of Total Contract Amount:	Total Subcontract Amount: $

The undersigned Prime Contractor and Subcontractor hereby certify and agree that they have fully complied with the State Veteran-Owned Small Business Enterprise law, State Finance and Procurement Article, Title 14, Subtitle 6, Annotated Code of Maryland.

Prime Contractor	Subcontractor
Printed Name:	Printed Name:
Printed Name	Printed Name
Title:	Title:
Printed Title	Title
By:	By:
Signature of Authorized Representative	Signature of Authorized Representative
Date:	Date:
Date	Date

E-3
Veterans Small Business Enterprise (VSBE) Participation
VSBE Prime Contractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
Prime Contractor: Report is due to the Contract Monitor by the 10th of the month following the month the services were provided. Note: Please number reports in sequence	Contract Amount:
VSBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

Prime Contractor:	Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
MBE Subcontractor Name:	Contact Person:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments made to VSBE subcontractor named above during this reporting period:	List dates and amounts of any outstanding invoices:
Invoice #	Amount	Invoice #	Amount
1.	1.
2.	2.
3.	3.
4.	4.
Total Dollars Paid: $	Total Dollars Unpaid: $

If more than one VSBE subcontractor is used for this contract, you must use separate Attachment E-3 forms.

Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractManagerName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Contractor Signature (Required)	Date

E-4
Veterans Small Business Enterprise (VSBE) Participation
VSBE Subcontractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
Report is due by the 10th of the month following the month the services were performed.	VSBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

VSBE Subcontractor Name:
Department of Veterans Affairs Certification #:
Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments received from Prime Contractor during reporting period indicated above.	List dates and amounts of any unpaid invoices over 30 days old.
Invoice Amount	Date	Invoice Amount	Date
1.	1.
2.	2.
3.	3.
4.	4.
Total Dollars Paid: $	Total Dollars Unpaid: $
Prime Contractor:	Contract Person:

Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractManagerName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Subcontractor Signature (Required)	Date

Maryland Living Wage Affidavit of Agreement for Service Contracts

**If this solicitation does not meet the living wage requirements (see item A below) delete the content under this heading and the Living Wage Affidavit form, leaving only the following sentence for this Attachment: **

This solicitation does not require a Living Wage Affidavit of Agreement.

**If this solicitation requires living wage affidavit of agreement, enter the following language for these Attachments: **

A.	This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-half of the employee’s time during any work week on the State Contract.

B.	The Living Wage Law does not apply to:

(1)	A Contractor who:

(a)	Has a State contract for services valued at less than $100,000, or

(b)	Employs 10 or fewer employees and has a State contract for services valued at less than $500,000.

(2)	A subcontractor who:

(a)	Performs work on a State contract for services valued at less than $100,000,

(b)	Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or

(c)	Performs work for a Contractor not covered by the Living Wage Law as defined in B(1)(b) above, or B (3) or C below.

(3)	Service contracts for the following:

(a)	Services with a Public Service Company;

(b)	Services with a nonprofit organization;

(c)	Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement (“Unit”); or

(d)	Services between a Unit and a County or Baltimore City.

C.	If the Unit responsible for the State contract for services determines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program.

D.	A Contractor must not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18.

E.	Each Contractor/subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner.

F.	The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry’s website. An employer subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate.

G.	A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18-103(c), shall not lower an employee’s wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s share of health insurance premium shall comply with any record reporting requirements established by the Commissioner.

H.	A Contractor/subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article, §18-103(a), by no more than 50 cents of the hourly cost of the employer’s contribution to an employee’s deferred compensation plan. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s contribution to an employee’s deferred compensation plan shall not lower the employee’s wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413.

I.	Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage.

J.	Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md.us/labor/prev/livingwage.shmtl and clicking on Living Wage for State Service Contracts.

F-1 Maryland Living Wage Requirements Affidavit of Agreement

Contract No. <<solicitationNumber>>

Name of Contractor:

Address:

If the Contract Is Exempt from the Living Wage Law

The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the Contract is exempt from Maryland’s Living Wage Law for the following reasons (check all that apply):

Offeror is a nonprofit organization
Offeror is a public service company
Offeror employs 10 or fewer employees and the proposed contract value is less than $500,000
Offeror employs more than 10 employees and the proposed contract value is less than $100,000

If the Contract Is a Living Wage Contract

A.	The Undersigned, being an authorized representative of the above-named Contractor, hereby affirms its commitment to comply with Title 18, State Finance and Procurement Article, Annotated Code of Maryland and, if required, submit all payroll reports to the Commissioner of Labor and Industry with regard to the above stated contract. The Offeror agrees to pay covered employees who are subject to living wage at least the living wage rate in effect at the time service is provided for hours spent on State contract activities, and ensure that its subcontractors who are not exempt also pay the required living wage rate to their covered employees who are subject to the living wage for hours spent on a State contract for services. The Contractor agrees to comply with, and ensure its subcontractors comply with, the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate established by the Commissioner of Labor and Industry, automatically upon the effective date of the revised wage rate.

B.	_____________________(initial here if applicable) The Offeror affirms it has no covered employees for the following reasons: (check all that apply):

__	The employee(s) proposed to work on the contract will spend less than one-half of the employee’s time during any work week on the contract

_	The employee(s) proposed to work on the contract is 17 years of age or younger during the duration of the contract; or

_	The employee(s) proposed to work on the contract will work less than 13 consecutive weeks on the State contract.

The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the Commissioner deems sufficient to confirm these affirmations at any time.

Name of Authorized Representative:

Signature of Authorized Representative	: _______________________________Date: ______________

Title:

Witness Name (Typed or Printed) _______________________________

Witness Signature: _______________________________	Date: ____________________

SUBMIT THIS AFFIDAVIT WITH PROPOSAL

Federal Funds Attachments

** If this solicitation does not include federal funding (see RFP Section 4.29), enter only the following sentence for this Attachment and delete the rest of these “G” Attachments. **

This solicitation does not include a Federal Funds Attachment.

** If this solicitation does include federal funding (see RFP Section 4.29), enter the language below for these Attachments. Note that the Procurement Officer should check to see if there are any additional requirements or restrictions relative to the applicable federal funding source, and should incorporate such additions into the solicitation as necessary. **

A Summary of Certain Federal Fund Requirements and Restrictions

1.	Form and rule enclosed: 18 U.S.C. 1913 and Section 1352 of P.L. 101-121 require that all prospective and present sub-grantees (this includes all levels of funding) who receive more than $100,000 in federal funds must submit the form “Certification Against Lobbying.” It assures, generally, that recipients will not lobby federal entities with federal funds, and that, as is required, they will disclose other lobbying on form SF- LLL.

2.	Form and instructions enclosed: “Form LLL, Disclosure of Lobbying Activities” must be submitted by those receiving more than $100,000 in federal funds, to disclose any lobbying of federal entities (a) with profits from federal contracts or (b) funded with nonfederal funds.

3.	Form and summary of Act enclosed: Sub-recipients of federal funds on any level must complete a “Certification Regarding Environmental Tobacco Smoke,” required by Public Law 103-227, the Pro-Children Act of 1994. Such law prohibits smoking in any portion of any indoor facility owned or leased or contracted for regular provision of health, day care, early childhood development, education, or library services for children under the age of 18. Such language must be included in the conditions of award (they are included in the certification, which may be part of such conditions.) This does not apply to those solely receiving Medicaid or Medicare, or facilities where WIC coupons are redeemed.

4.	In addition, federal law requires that:

A)	Title 2 of the Code of Federal Regulations (CFR) 200, specifically Subpart D, requires that grantees (both recipients and sub-recipients) which expend a total of $750,000 in federal assistance shall have a single or program-specific audit conducted for that year in accordance with the provisions of the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 and Title 2 CFR 200, Subpart D. All sub-grantee audit reports, performed in compliance with Title 2 CFR 200 shall be forwarded within 30 days of report issuance to the Contract Monitor.

B)	All sub-recipients of federal funds comply with Sections 503 and 504 of the Rehabilitation Act of 1973, the conditions of which are summarized in item (C).

C)	Recipients of $10,000 or more (on any level) must include in their contract language the requirements of Sections 503 (language specified) and 504 referenced in item (B).

Section 503 of the Rehabilitation Act of 1973, as amended, requires recipients to take affirmative action to employ and advance in employment qualified disabled people. An affirmative action program must be prepared and maintained by all contractors with 50 or more employees and one or more federal contracts of $50,000 or more.

This clause must appear in subcontracts of $10,000 or more:

1)	The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

2)	The contractor agrees to comply with the rules, regulations, and relevant orders of the secretary of labor issued pursuant to the act.

3)	In the event of the contractor’s non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations and relevant orders of the secretary of labor issued pursuant to the act.

4)	The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the director, provided by or through the contracting office. Such notices shall state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees.

5)	The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.

6)	The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the [federal] secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 791 et seq.) prohibits discrimination on the basis of handicap in all federally assisted programs and activities. It requires the analysis and making of any changes needed in three general areas of operation- programs, activities, and facilities and employment. It states, among other things, that:

Grantees that provide health ... services should undertake tasks such as ensuring emergency treatment for the hearing impaired and making certain that persons with impaired sensory or speaking skills are not denied effective notice with regard to benefits, services, and waivers of rights or consents to treatments.

D)	All sub-recipients comply with Title VI of the Civil Rights Act of 1964 that they must not discriminate in participation by race, color, or national origin.

E)	All sub-recipients of federal funds from SAMHSA (Substance Abuse and Mental Health Services Administration) or NIH (National Institute of Health) are prohibited from paying any direct salary at a rate more than Executive Level II of the Federal Executive pay scale, per year. (This includes, but is not limited to, sub-recipients of the Substance Abuse Prevention and Treatment and the Community Mental Health Block Grants and NIH research grants.)

F)	There may be no discrimination on the basis of age, according to the requirements of the Age Discrimination Act of 1975.

G)	For any education program, as required by Title IX of the Education Amendments of 1972, there may be no discrimination on the basis of sex.

H)	For research projects, a form for Protection of Human Subjects (Assurance/ Certification/ Declaration) should be completed by each level funded, assuring that either: (1) there are no human subjects involved, or (2) an Institutional Review Board (IRB) has given its formal approval before human subjects are involved in research. [This is normally performed during the application process rather than after the award is made, as with other assurances and certifications.]

I)	In addition, there are conditions, requirements, and restrictions which apply only to specific sources of federal funding. These should be included in your grant/contract documents when applicable.

G-1
CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1)	No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2)	If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3)	The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Award No. <<solicitationNumber>>	Organizational Entry
Name and Title of Official Signing for Organizational Entry	Telephone No. Of Signing Official
Signature of Above Official	Date Signed

G-2
DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

1. Type of Federal Action: a. Contract b. Grant c. Cooperative Agreement d. Loan e. Loan guarantee f. Loan insurance	2. Status of Federal Action: a. Bid/offer/application b. Initial award c. Post-award	3. Report Type: a. Initial filing b. Material change For Material Change Only: Year ______ quarter _______ Date of last report _________
4. Name and Address of Reporting Entity: □ Prime □ Subawardee Tier ______, if known: Congressional District, if known:	5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known:
6. Federal Department/Agency:	7. Federal Program Name/Description: CFDA Number, if applicable: _____________
8. Federal Action Number, if known:	9. Award Amount, if known: $
10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI):	b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):
11. Amount of Payment (check all that apply) $____________ □ actual □ planned	13. Type of Payment (check all that apply) □ a. retainer □ b. one-time □ c. commission □ d. contingent fee □ e. deferred □ f. other; specify: ____________________________
12. Form of Payment (check all that apply) □ a. cash □ b. in-kind, specify: nature _________________ value: _________________
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) SF-LLLA, if necessary)
15. Continuation Sheet(s) SF-LLLA attached: □ Yes □ No
16. Information requested through this form is authorized by title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure.	Signature: ___________________________________ Print Name: __________________________________ Title: ________________________________________ Telephone No.: __________________ Date: _________________
Federal Use Only	Authorized for Local Reproduction Standard Form LLL (Rev. 7-97)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1.	Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2.	Identify the status of the covered Federal action.

3.	Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4.	Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants.

5.	If the organization filing the report in item 4 checks "Sub-awardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6.	Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7.	Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8.	Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9.	For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10.	(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

11.	(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

12.	The certifying official shall sign and date the form and print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

G-3
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

Public Law 103-227, also known as the Pro Children Act of 1994, Part C Environmental Tobacco Smoke, requires that smoking not be permitted in any portion of any indoor facility owned, or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated or maintained with such federal funds. The law does not apply to children’s services provided in private residences, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole sources of applicable federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 for each violation and/or the imposition of an administrative compliance order on the responsible entity.

By signing this certification, the Offeror/contractor (for acquisitions) or applicant/grantee (for grants) certifies that the submitting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.

The submitting organization further agrees that it will require the language of this certification be included in any sub-awards which contain provisions for children’s services and that all sub-recipients shall certify accordingly.

_________________________________________________

Signature of Authorized Certifying Individual

Conflict of Interest Affidavit and Disclosure

** If this solicitation does not require a Conflict of Interest Affidavit and Disclosure (see RFP Section 4.30), enter only the following sentence for this Attachment and delete the rest. **

This solicitation does not require a Conflict of Interest Affidavit and Disclosure.

** If this solicitation does require a Conflict of Interest Affidavit and Disclosure (see RFP Section 4.30), enter the following language for this Attachment**

**DoIT recommends that a conflict of interest affidavit always be included with IT procurements. **

Reference COMAR 21.05.08.08

A. “Conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B. “Person” has the meaning stated in COMAR 21.01.02.01B (64) and includes a Offeror, Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a Proposal is made.

C. The Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail — attach additional sheets if necessary):

E. The Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the Offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date: ____________________	By: ______________________________________

(Authorized Representative and Affiant)

SUBMIT THIS AFFIDAVIT WITH Bid/PROPOSAL

Non-Disclosure Agreement (Contractor)

** If this solicitation does not require a Non-Disclosure Agreement (see RFP Section 4.31), enter only the following sentence for this Attachment and delete the rest. As mentioned in 4.31, NDAs are strongly recommended. **

This solicitation does not require a Non-Disclosure Agreement.

** If this solicitation does require a Non-Disclosure Agreement (see RFP Section 4.31), enter the following language for this Attachment.

Authors, please note there are TWO Non-Disclosure Agreement samples in this Template – you will need to remove one of them. The first assumes contractors have significant access to and control over State data and processes, and is typically suited to on-premise applications. The second (labeled I-3) is more appropriate for a SaaS or help-desk application where contractors have access to less information. **

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made by and between the State of Maryland (the “State”), acting by and through (<<ISSUINGAGENCYNAME>>) (the “<<typeofAgency>>”), and _____________________________________________ (the “Contractor”).

RECITALS

WHEREAS, the Contractor has been awarded a contract (the “Contract”) following the solicitation for <<solicitationTitle>> Solicitation # <<solicitationNumber>>; and

WHEREAS, in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor’s employees, agents, and subcontractors (collectively the “Contractor’s Personnel”) with access to certain information the State deems confidential information (the “Confidential Information”).

NOW, THEREFORE, in consideration of being given access to the Confidential Information in connection with the solicitation and the Contract, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows:

1.	Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Information is marked as such, “Confidential Information” means (1) any and all information provided by or made available by the State to the Contractor in connection with the Contract and (2) any and all personally identifiable information (PII) (including but not limited to personal information as defined in Md. Ann. Code, General Provisions §4-101(h)) and protected health information (PHI) that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Information includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use of by the State in relation to the Contract.

2.	The Contractor shall not, without the State’s prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information except for the sole and exclusive purpose of performing under the Contract. The Contractor shall limit access to the Confidential Information to the Contractor’s Personnel who have a demonstrable need to know such Confidential Information in order to perform under the Contract and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the Contractor’s Personnel are attached hereto and made a part hereof as Attachment I-2. Contractor shall update Attachment I-2 by adding additional names (whether Contractor’s Personnel or a subcontractor’s personnel) as needed, from time to time.

3.	If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are assisting in the Contractor’s performance of the Contract or will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion.

4.	The Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, adopt or establish operating procedures and physical security measures, and take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Information.

5.	The Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor’s Personnel or the Contractor’s former Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s).

6.	The Contractor shall, at its own expense, return to the <<typeofAgency>> all Confidential Information in its care, custody, control or possession upon request of the <<typeofAgency>> or on termination of the Contract.

7.	A breach of this Agreement by the Contractor or the Contractor’s Personnel shall constitute a breach of the Contract between the Contractor and the State.

8.	Contractor acknowledges that any failure by the Contractor or the Contractor’s Personnel to abide by the terms and conditions of use of the Confidential Information may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Information. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and seek damages from the Contractor and the Contractor’s Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor’s Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs.

9.	Contractor and each of the Contractor’s Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State.

10.	The parties further agree that:

a.	This Agreement shall be governed by the laws of the State of Maryland;

b.	The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State;

c.	The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information;

d.	The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement;

e.	Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures;

f.	The Recitals are not merely prefatory but are an integral part hereof; and

g.	The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the parties.

IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the day and year first above written.

Contractor:	<<ISSUINGAGENCYACRONYM>>
By: (seal)	By:
Printed Name:	Printed Name:
Title:	Title:
Date:	Date:

I-2 NON-DISCLOSURE AGREEMENT

LIST OF CONTRACTOR’S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE CONFIDENTIAL INFORMATION

Printed Name and Address of Individual/Agent	Employee (E) or Agent (A)	Signature	Date

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

_______________________	__________	____________________________	_________

I-3 NON-DISCLOSURE AGREEMENT

CERTIFICATION TO ACCOMPANY RETURN OR DELETION OF CONFIDENTIAL INFORMATION

I AFFIRM THAT:

To the best of my knowledge, information, and belief, and upon due inquiry, I hereby certify that: (i) all Confidential Information which is the subject matter of that certain Non-Disclosure Agreement by and between the State of Maryland and __________________ (“Contractor”) dated __________________, 20_____ (“Agreement”) is attached hereto and is hereby returned to the State in accordance with the terms and conditions of the Agreement; and (ii) I am legally authorized to bind the Contractor to this affirmation. Any and all Confidential Information that was stored electronically by me has been permanently deleted from all of my systems or electronic storage devices where such Confidential Information may have been stored.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF, HAVING MADE DUE INQUIRY.

DATE: ______________________________

NAME OF CONTRACTOR: __________________________

BY: _____________________________________________________________

(Signature)

TITLE: ____________________________________________________

(Authorized Representative and Affiant)

I-3 ALTERNATE NON-DISCLOSURE AGREEMENT (FOR SAAS)

**ALTERNATE NDA format. This NDA format is more appropriate for SaaS solicitations where Contractor Personnel are providing a limited set of services. **

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made by and between the State of Maryland (the “State”), acting by and through (<<ISSUINGAGENCYNAME>>) (the “<<typeofAgency>>”), and _____________________________________________ (the “Contractor”).

RECITALS

WHEREAS, the Contractor has been awarded a contract (the “Contract”) following the solicitation for <<solicitationTitle>> Solicitation # <<solicitationNumber>>; and

WHEREAS, in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor’s employees, agents, and subcontractors (collectively the “Contractor’s Personnel”) with access to certain information the State deems confidential information (the “Confidential Information”).

NOW, THEREFORE, in consideration of being given access to the Confidential Information, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows:

1.	Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Information is marked as such, Confidential Information means (1) any and all information provided by or made available by the State to the Contractor in connection with the Contract and (2) any and all personally identifiable information (PII) (including but not limited to personal information as defined in Md. Ann. Code, State Govt. § 10-1301(c)) and protected health information (PHI) as defined in 45 CFR 160.103 that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Information includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use of by the State in relation to the Contract.

2.	Contractor shall not, without the State’s prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information except for the sole and exclusive purpose of performing under the Contract. Contractor shall limit access to the Confidential Information to the Contractor’s Personnel who: (a) have a demonstrable need to know such Confidential Information in order to perform under the Contract, (b) to whom it has advised of the terms of this Agreement, and (c) who have agreed in writing to be bound by the terms of this Agreement. Contractor shall cause the Contractor’s Personnel to whom Confidential Information is disclosed to comply with the terms of this Agreement, and it shall be responsible for such compliance and fully liable for any failure to comply.

3.	If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are assisting in the Contractor’s performance of the Contract or who will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion.

4.	Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Information.

5.	Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor’s Personnel or the Contractor’s former Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s).

6.	Contractor shall, at its own expense, return to the <<typeofAgency>> all Confidential Information in its care, custody, control or possession upon request of the <<typeofAgency>> or on termination of the Contract.

7.	A breach of this Agreement by the Contractor or by the Contractor’s Personnel shall constitute a breach of the Contract between the Contractor and the State.

8.	Contractor acknowledges that any failure by the Contractor or the Contractor’s Personnel to abide by the terms and conditions of use of the Confidential Information may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Information. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and to seek damages from the Contractor and the Contractor’s Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor’s Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs.

9.	Contractor and each of the Contractor’s Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State.

10.	The parties further agree that:

a.	This Agreement shall be governed by the laws of the State of Maryland;

b.	The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State;

c.	The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information;

d.	The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement;

e.	Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures;

f.	The Recitals are not merely prefatory but are an integral part hereof; and

g.	The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the parties.

IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the day and year first above written.

Contractor: _____________________________	DoIT

By: ____________________________(SEAL)	By: __________________________________

Printed Name: _________________________	Printed Name: _________________________

Title: _________________________________	Title: _________________________________

Date: _________________________________	Date: _________________________________

HIPAA Business Associate Agreement

** If this solicitation does not require a HIPAA Business Associate Agreement (RFP see Section 4.32), enter only the following sentence for this Attachment and delete the rest**

This solicitation does not require a HIPAA Business Associate Agreement.

** If this solicitation does require a HIPAA Business Associate Agreement (see RFP Section 4.32, enter the following language for this Attachment. **

J-1 BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (the “Agreement”) is made by and between the <<issuingAgencyName>> (the “<<typeofAgency>>”) and (offerorCompanyName) (hereinafter known as “Business Associate”). Covered Entity and Business Associate shall collectively be known herein as the “Parties.”

WHEREAS, Covered Entity has a business relationship with Business Associate that is memorialized in a separate agreement (the “Underlying Agreement”) pursuant to which Business Associate may be considered a “business associate” of Covered Entity as defined in the Health Insurance Portability and Accountability Act of 1996 including all pertinent privacy regulations (45 C.F.R. Parts 160 and 164) and security regulations (45 C.F.R. Parts 160, 162, and 164), as amended from time to time, issued by the U.S. Department of Health and Human Services as either have been amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5) (collectively, “HIPAA”); and

WHEREAS, the nature of the contractual relationship between Covered Entity and Business Associate may involve the exchange of Protected Health Information (“PHI”) as that term is defined under HIPAA; and

WHEREAS, for good and lawful consideration as set forth in the Underlying Agreement, Covered Entity and Business Associate enter into this Agreement for the purpose of ensuring compliance with the requirements of HIPAA and the Maryland Confidentiality of Medical Records Act (Md. Ann. Code, Health-General §§ 4-301 et seq.) (“MCMRA”); and

WHEREAS, this Agreement supersedes and replaces any and all Business Associate Agreements the Covered Entity and Business Associate may have entered into prior to the date hereof;

NOW THEREFORE, the premises having been considered and with acknowledgment of the mutual promises and of other good and valuable consideration herein contained, the Parties, intending to be legally bound, hereby agree as follows:

I.	DEFINITIONS.

A.	Catch-all definition. The following terms used in this Agreement, whether capitalized or not, shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, subcontractor, Unsecured Protected Health Information, and Use.

B.	Specific definitions:

1.	Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 C.F.R. 160.103, and in reference to the party to this agreement, shall mean (offerorCompanyName).

2.	Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 C.F.R. § 160.103, and in reference to the party to this agreement, shall mean <<issuingAgencyName>>.

3.	HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Parts 160 and Part 164.

4.	Protected Health Information (“PHI”). Protected Health Information or “PHI” shall generally have the same meaning as the term “protected health information” at 45 C.F.R. § 160.103.

II.	PERMITTED USES AND DISCLOSURES OF PHI BY BUSINESS ASSOCIATE.

A.	Business Associate may only use or disclose PHI as necessary to perform the services set forth in the Underlying Agreement or as required by law.

B.	Business Associate agrees to make uses, disclosures, and requests for PHI consistent with Covered Entity’s policies and procedures regarding minimum necessary use of PHI.

C.	Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by Covered Entity.

D.	Business Associate may, if directed to do so in writing by Covered Entity, create a limited data set, as defined at 45 CFR 164.514(e)(2), for use in public health, research, or health care operations. Any such limited data sets shall omit any of the identifying information listed in 45 CFR § 164.514(e)(2). Business Associate will enter into a valid, HIPAA-compliant Data Use Agreement, as described in 45 CFR § 164.514(e)(4), with the limited data set recipient. Business Associate will report any material breach or violation of the data use agreement to Covered Entity immediately after it becomes aware of any such material breach or violation.

E.	Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration, or legal responsibilities of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

F.	The Business Associate shall not directly or indirectly receive remuneration in exchange for any PHI of an Individual pursuant to §§13405(d)(1) and (2) of the HITECH Act. This prohibition does not apply to the State’s payment of Business Associate for its performance pursuant to the Underlying Agreement.

G.	The Business Associate shall comply with the limitations on marketing and fundraising communications provided in §13406 of the HITECH Act in connection with any PHI of Individuals.

III.	DUTIES OF BUSINESS ASSOCIATE RELATIVE TO PHI.

A.	Business Associate agrees that it will not use or disclose PHI other than as permitted or required by the Agreement or as Required by Law.

B.	Business Associate agrees to use appropriate administrative, technical and physical safeguards to protect the privacy of PHI.

C.	Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement.

D1.	Business Associate agrees to Report to Covered Entity any use or disclosure of PHI not provided for by the Agreement of which it becomes aware, including breaches of unsecured PHI as required by 45 C.F.R. § 164.410, and any Security Incident of which it becomes aware without reasonable delay, and in no case later than fifteen calendar days after the use or disclosure;

2.	If the use or disclosure amounts to a breach of unsecured PHI, the Business Associate shall ensure its report:

a.	Is made to Covered Entity without unreasonable delay and in no case later than fifteen (15) calendar days after the incident constituting the Breach is first known, except where a law enforcement official determines that a notification would impede a criminal investigation or cause damage to national security. For purposes of clarity for this Section III.D.1, Business Associate must notify Covered Entity of an incident involving the acquisition, access, use or disclosure of PHI in a manner not permitted under 45 C.F.R. Part E within fifteen (15) calendar days after an incident even if Business Associate has not conclusively determined within that time that the incident constitutes a Breach as defined by HIPAA;

b.	Includes the names of the Individuals whose Unsecured PHI has been, or is reasonably believed to have been, the subject of a Breach;

c.	Is in substantially the same form as ATTACHMENT J-1 attached hereto; and

d.	Includes a draft letter for the Covered Entity to utilize to notify the affected Individuals that their Unsecured PHI has been, or is reasonably believed to have been, the subject of a Breach that includes, to the extent possible:

i.	A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known;

ii.	A description of the types of Unsecured PHI that were involved in the Breach (such as full name, Social Security number, date of birth, home address, account number, disability code, or other types of information that were involved);

iii.	Any steps the affected Individuals should take to protect themselves from potential harm resulting from the Breach;

iv.	A brief description of what the Covered Entity and Business Associate are doing to investigate the Breach, mitigate losses, and protect against any further Breaches; and

v.	Contact procedures for the affected Individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, website, or postal address.

e.	To the extent permitted by the Underlying Agreement, Business Associate may use agents and subcontractors. In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2) shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information, Business Associate must enter into Business Associate Agreements with subcontractors as required by HIPAA;

f.	Business Associate agrees it will make available PHI in a designated record set to the Covered Entity, or, as directed by the Covered Entity, to an individual, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.524, including, if requested, a copy in electronic format;

g.	Business Associate agrees it will make any amendment(s) to PHI in a designated record set as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. § 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.526;

h.	Business Associate agrees to maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or, as directed by the Covered Entity, to an individual, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.528;

i.	To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s);

j.	Business Associate agrees to make its internal practices, books, and records, including PHI, available to the Covered Entity and/or the Secretary for purposes of determining compliance with the HIPAA Rules.

k.	Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement.

IV.	TERM AND TERMINATION

A.	Term. The Term of this Agreement shall be effective as of the effective date of the Contract entered into following the solicitation for <<solicitationTitle>>, Solicitation # <<solicitationNumber>>, and shall terminate when all of the PHI provided by Covered Entity to Business Associate, or the PHI created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, in accordance with the termination provisions in this Section IV, or on the date the Covered Entity terminates for cause as authorized in paragraph B of this Section, whichever is sooner. If it is impossible to return or destroy all of the PHI provided by Covered Entity to Business Associate, or the PHI created or received by Business Associate on behalf of Covered Entity, Business Associate’s obligations under this contract shall be ongoing with respect to that information, unless and until a separate written agreement regarding that information is entered into with Covered Entity.

B.	Termination for Cause. Upon Covered Entity's knowledge of a material breach of this Agreement by Business Associate, Covered Entity shall:

1.	Provide an opportunity for Business Associate to cure the breach or end the violation and, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, terminate this Agreement; or

2.	Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and Covered entity determines or reasonably believes that cure is not possible.

C.	Effect of Termination.

1.	Upon termination of this Agreement, for any reason, Business Associate shall return or, if agreed to by Covered Entity, destroy all PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that the Business Associate still maintains in any form. Business Associate shall retain no copies of the PHI. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate.

2.	Should Business Associate make an intentional or grossly negligent Breach of PHI in violation of this Agreement or HIPAA or an intentional or grossly negligent disclosure of information protected by the Maryland Confidentiality of Medical Records Act (MCMRA), Covered Entity shall have the right to immediately terminate any contract, other than this Agreement, then in force between the Parties, including the Underlying Agreement.

D.	Survival. The obligations of Business Associate under this Section shall survive the termination of this agreement.

V.	CONSIDERATION

Business Associate recognizes that the promises it has made in this Agreement shall, henceforth, be detrimentally relied upon by Covered Entity in choosing to continue or commence a business relationship with Business Associate.

VI.	REMEDIES IN EVENT OF BREACH

Business Associate hereby recognizes that irreparable harm will result to Covered Entity, and the business of Covered Entity, in the event of breach by Business Associate of any of the covenants and assurances contained in this Agreement. As such, in the event of breach of any of the covenants and assurances contained in Sections II or III above, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of Sections II or III. Furthermore, in the event of breach of Sections II or III by Business Associate, Covered Entity is entitled to reimbursement and indemnification from Business Associate for Covered Entity’s reasonable attorneys’ fees and expenses and costs that were reasonably incurred as a proximate result of Business Associate’s breach. The remedies contained in this Section VI shall be in addition to, not in lieu of, any action for damages and/or any other remedy Covered Entity may have for breach of any part of this Agreement or the Underlying Agreement or which may be available to Covered Entity at law or in equity.

VII.	MODIFICATION; AMENDMENT

This Agreement may only be modified or amended through a writing signed by the Parties and, thus, no oral modification or amendment hereof shall be permitted. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the HIPAA rules and any other applicable law.

VIII.	INTERPRETATION OF THIS AGREEMENT IN RELATION TO OTHER AGREEMENTS BETWEEN THE PARTIES

Should there be any conflict between the language of this Agreement and any other contract entered into between the Parties (either previous or subsequent to the date of this Agreement), the language and provisions of this Agreement shall control and prevail unless the parties specifically refer in a subsequent written agreement to this Agreement by its title and date and specifically state that the provisions of the later written agreement shall control over this Agreement.

IX.	COMPLIANCE WITH STATE LAW

The Business Associate acknowledges that by accepting the PHI from Covered Entity, it becomes a holder of medical information under the MCMRA and is subject to the provisions of that law. If the HIPAA Privacy or Security Rules and the MCMRA conflict regarding the degree of protection provided for PHI, Business Associate shall comply with the more restrictive protection requirement.

X.	MISCELLANEOUS

A.	Ambiguity. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy and Security Rules.

B.	Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

C.	Notice to Covered Entity. Any notice required under this Agreement to be given Covered Entity shall be made in writing to:

**Insert the name and contact information of the HIPAA contact person within the Agency or appropriate covered health care entity**

Name:	________________________________

Address:	________________________________

________________________________

E-mail:	________________________________

Phone:	________________________________

D.	Notice to Business Associate. Any notice required under this Agreement to be given Business Associate shall be made in writing to:

Address:	________________________________

________________________________

Attention:	________________________________

Phone:	________________________________

E.	Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this contract shall survive termination or expiration of this Agreement and continue in full force and effect.

F.	Severability. If any term contained in this Agreement is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such term shall be severed from this Agreement, and the remaining terms contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby.

G.	Terms. All of the terms of this Agreement are contractual and not merely recitals and none may be amended or modified except by a writing executed by all parties hereto.

H.	Priority. This Agreement supersedes and renders null and void any and all prior written or oral undertakings or agreements between the parties regarding the subject matter hereof.

IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, the Parties affix their signatures hereto.

COVERED ENTITY:	BUSINESS ASSOCIATE:

By:	_______________________________	By:	_______________________________

Name:	_______________________________	Name:	_______________________________

Title:	_______________________________	Title:	_______________________________

Date: _______________________________	Date:	_______________________________

J-1
FORM OF NOTIFICATION TO COVERED ENTITY OF
BREACH OF UNSECURED PHI

This notification is made pursuant to Section III.D(3) of the Business Associate Agreement between <<issuingAgencyName>> and _________________________________________ (Business Associate).

Business Associate hereby notifies <<issuingAgencyName>> that there has been a breach of unsecured (unencrypted) protected health information (PHI) that Business Associate has used or has had access to under the terms of the Business Associate Agreement.

Description of the breach:

__________________________________________________________________________________

__________________________________________________________________________________

Date of the breach: _________________ Date of discovery of the breach: ______________________

Does the breach involve 500 or more individuals? Yes/No	If yes, do the people live in multiple states? Yes/No

Number of individuals affected by the breach: _________________________________

Names of individuals affected by the breach: (attach list)

The types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code): _________________________________________________________________________________

_________________________________________________________________________________

Description of what Business Associate is doing to investigate the breach, to mitigate losses, and to protect against any further breaches:

_________________________________________________________________________________

_________________________________________________________________________________

Contact information to ask questions or learn additional information:

Name:	___________________________________________________________________________

Title:	___________________________________________________________________________

Address: _________________________________________________________________________

_________________________________________________________________________________

E-mail Address: ____________________________________________________________________

Phone Number: ____________________________________________________________________

Mercury Affidavit

** If this solicitation does not include the procurement of products known to likely include mercury as a component (see RFP Section 4.34), enter only the following sentence for this Attachment and delete the rest. **

For IT purchases, a Mercury Affidavit is required when any equipment is purchased by the State.

This solicitation does not include the procurement of products known to likely include mercury as a component.

** If this solicitation does include the procurement of products known to likely include mercury as a component (see RFP Section 4.34), enter the following language for this Attachment**

K-1 Mercury Affidavit

AUTHORIZED REPRESENTATIVE THEREBY AFFIRM THAT:

I, ____________________________ (name of affiant) am the ________________________ (title) and the duly authorized representative of ________________________ (name of the business). I possess the legal authority to make this affidavit on behalf of myself and the business for which I am acting.

MERCURY CONTENT INFORMATION:

The product(s) offered do not contain mercury.

OR

The product(s) offered do contain mercury.

In an attachment to this Mercury Affidavit:

(1)	Describe the product or product component that contains mercury.

(2)	Provide the amount of mercury that is contained in the product or product component. Indicate the unit of measure being used.

I ACKNOWLEDGE THAT this affidavit is to be furnished to the procurement officer and may be distributed to units of (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this affidavit or any contract resulting from the submission of this Proposal shall be construed to supersede, amend, modify, or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this affidavit, (2) the contract, and (3) other affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

___________________	By: ________________________________________________

Date	Signature

Print Name:

Authorized Representative and Affiant

SUBMIT THIS AFFIDAVIT WITH PROPOSAL

Location of the Performance of Services Disclosure

** If this procurement is not anticipated to have an estimated value of $2,000,000.00 or more (see RFP Section 4.35), enter only the following sentence for this Attachment and delete the rest. **

This solicitation does not require a Location of the Performance of Services Disclosure.

** If this procurement is anticipated to have an estimated value of $2,000,000.00 or more (see RFP Section 4.35), enter the following language for this Attachment. **

(submit with Proposal)

Pursuant to Md. Ann. Code, State Finance and Procurement Article, § 12-111, and in conjunction with the Proposal submitted in response to Solicitation No. <<solicitationNumber>>, the following disclosures are hereby made:

1.	At the time of Proposal submission, the Offeror and/or its proposed subcontractors:

___have plans

___have no plans

to perform any services required under the resulting Contract outside of the United States.

2.	If services required under the contract are anticipated to be performed outside the United States by either the Offeror or its proposed subcontractors, the Offeror shall answer the following (attach additional pages if necessary):

a.	Location(s) services will be performed: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

b.	Reasons why it is necessary or advantageous to perform services outside the United States:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The undersigned, being an authorized representative of the Offeror, hereby affirms that the contents of this disclosure are true to the best of my knowledge, information, and belief.

Date:	_________________________________________________

Offeror Name:

By:	_________________________________________________

Name:

Title:

Please be advised that the <<typeofAgency>> may contract for services provided outside of the United States if: the services are not available in the United States; the price of services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or the quality of services in the United States is substantially less than the quality of comparably priced services provided outside the United States.

Contract

<<ISSUINGAGENCYNAME>> (<<ISSUINGAGENCYACRONYM>>)

“<<solicitationTitle>>”

<<solicitationNumber>>

THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 20___ by and between ________________ (the “Contractor”) and the STATE OF MARYLAND, acting through the MARYLAND <<ISSUINGAGENCYNAME>> (“<<ISSUINGAGENCYACRONYM>>” or the “<<typeofAgency>>”).

In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

1.	Definitions

In this Contract, the following words have the meanings indicated:

1.1	“COMAR” means Code of Maryland Regulations.

1.2	“Contractor” means the entity first named above whose principal business address is (Contractor’s primary address) and whose principal office in Maryland is (Contractor’s local address), whose Federal Employer Identification Number or Social Security Number is (Contractor’s FEIN), and whose eMaryland Marketplace vendor ID number is (eMM Number).

1.3	“Financial Proposal” means the Contractor’s Financial Proposal dated _________(Financial Proposal date), as modified by any Best and Final Offer thereto.

1.4	Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B (54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.

1.5	“RFP” means the Request for Proposals for <<solicitationTitle>>, Solicitation # <<solicitationNumber>>, and any amendments, addenda, and attachments thereto issued in writing by the State.

1.6	“State” means the State of Maryland.

1.7	“Technical Proposal” means the Contractor’s Technical Proposal dated. ____________ (Technical Proposal date), as modified and supplemented by the Contractor’s responses to requests clarifications and requests for cure, and by any Best and Final Offer.

1.8	“Veteran-owned Small Business Enterprise” (VSBE) means A business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

1.9	Capitalized terms not defined herein shall be ascribed the meaning given to them in the RFP.

2.	Scope of Contract

2.1	The Contractor shall perform in accordance with this Contract and Exhibits A-D, which are listed below and incorporated herein by reference. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall control. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision:

Exhibit A – The RFP

Exhibit B – The Contract Affidavit, executed by the Contractor and dated (date of Attachment C)

Exhibit C – The Technical Proposal

Exhibit D – The Financial Proposal

2.2	The Procurement Officer may, at any time, by written order, make unilateral changes in the work within the general scope of the Contract. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed.

2.3	Without limiting the rights of the Procurement Officer under Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained.

3.	Period of Performance

3.1	The term of this Contract begins on the date the Contract is signed by the <<typeofAgency>> following any required prior approvals, including approval by the Board of Public Works, if such approval is required (the “Effective Date”) and shall continue until ______________ (“Initial Term”).

3.2	In its sole discretion, the <<typeofAgency>> shall have the unilateral right to extend the Contract for <<enter the number of periods >>, successive <<enter the length of the period>> - <<select either year(s), month(s), or day(s)>> renewal options (each a “Renewal Term”) at the prices established in the Contract. “Term” means the Initial Term and any Renewal Term(s). **Delete this section if there are no Option Years, and change the numbering of the next section to 3. **

3.3.	The Contractor’s performance under the Contract shall commence as of the date provided in a written NTP.

3.4	The Contractor’s obligation to pay invoices to subcontractors providing products/services in connection with this Contract, as well as the audit; confidentiality; document retention; patents, copyrights & intellectual property; warranty; indemnification obligations; and limitations of liability under this Contract; and any other obligations specifically identified, shall survive expiration or termination of the Contract.

4.	Consideration and Payment

4.1	In consideration of the satisfactory performance of the work set forth in this Contract, the <<typeofAgency>> shall pay the Contractor in accordance with the terms of this Contract and at the prices quoted in the Financial Proposal. Unless properly modified (see above Section 2.3), payment to the Contractor pursuant to this Contract, including the Initial Term and any Renewal Term, shall not exceed the Contracted amount.

**Use this paragraph for a fixed price contract or a contract that has a fixed price component**The total payment under a fixed price Contract or the fixed price element of a combined fixed price – time and materials Contract shall be the firm fixed price submitted by the Contractor in its Financial Proposal.

**Use this paragraph for a contract with a time and materials component or has an indefinite quantity (IDIQ) component**For time and materials Contracts, IDIQ Contracts, or Contracts which include either or both a time and materials or IDIQ element(s), total payments to the Contractor pursuant to this Contract for the time and materials and IDIQ portion(s) may not exceed $_________________ (the “NTE Amount”), which includes $_______________ for the Initial Term**if one or more option periods exist, then include:** and $_____________ for the Renewal Term(s).

**Use this paragraph for a contract with a time and materials component, labor hour component, or has an indefinite quantity (IDIQ) component** Contractor shall notify the Contract Monitor, in writing, at least sixty (60) days before payments reach the NTE Amount. After notification by the Contractor, if the State fails to increase the Contract amount, the Contractor shall have no obligation to perform under this Contract after payments reach the stated amount; provided, however, that, prior to the stated amount being reached, the Contractor shall: (a) promptly consult and work in good faith with the <<typeofAgency>> to establish a plan of action to assure that every reasonable effort is undertaken by the Contractor to complete State-defined critical work in progress prior to the date the NTE Amount will be reached; and (b) when applicable secure databases, systems, platforms, and/or applications on which the Contractor is working in an industry standard manner so as to prevent damage or vulnerabilities to any of the same due to the existence of any such unfinished work.

4.2	Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the <<typeofAgency>>’s receipt of a proper invoice from the Contractor as required by RFP section 3.3.

The Contractor may be eligible to receive late payment interest at the rate of 9% per annum if:

(1) The Contractor submits an invoice for the late payment interest within thirty days after the date of the State’s payment of the amount on which the interest accrued; and

(2) A contract claim has not been filed under State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland.

The State is not liable for interest:

(1) Accruing more than one year after the 31st day after the agency receives the proper invoice; or

(2) On any amount representing unpaid interest. Charges for late payment of invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable.

Final payment under this Contract will not be made until after certification is received from the Comptroller of the State that all taxes have been paid.

Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller’s Office grants Contractor an exemption.

4.3	In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer.

4.4	Payment of an invoice by the <<typeofAgency>> is not evidence that services were rendered as required under this Contract.

5.	Rights to Records

5.1	The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract.

5.2	The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a Deliverable under this Contract (as defined in Section 7.2), and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a Deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments.

5.3	The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract.

5.4	The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings.

5.5	Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer.

6.	Exclusive Use

6.1	The State shall have the exclusive right to use, duplicate, and disclose any data, information, documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract. If any material, including software, is capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State.

6.2	Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other information or material provided to Contractor by the <<typeofAgency>> or developed by Contractor relating to the Contract, except as provided for in Section 8. Confidential or Proprietary Information and Documentation.

7.	Patents, Copyrights, and Intellectual Property

7.1.	All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing prior to the Effective Date of this Contract shall belong to the party that owned such rights immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If any design, device, material, process, or other item provided by Contractor is covered by a patent or copyright or which is proprietary to or a trade secret of another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items pursuant to its rights granted under the Contract.

7.2	Except for (1) information created or otherwise owned by the <<typeofAgency>> or licensed by the <<typeofAgency>> from third parties, including all information provided by the <<typeofAgency>> to Contractor; (2) materials created by Contractor or its subcontractor(s) specifically for the State under the Contract (“Deliverables”), except for any Contractor Pre-Existing Intellectual Property included therein; and (3) the license rights granted to the State, all right, title, and interest in the intellectual property embodied in the solution, including the know-how and methods by which the solution is provided and the processes that make up the solution, will belong solely and exclusively to Contractor and its licensors, and the <<typeofAgency>> will have no rights to the same except as expressly granted in this Contract. Any SaaS Software developed by Contractor during the performance of the Contract will belong solely and exclusively to Contractor and its licensors. For all Software provided by the Contractor under the Contract, Contractor hereby grants to the State a nonexclusive, irrevocable, unlimited, perpetual, non-cancelable, and non-terminable right to use and make copies of the Software and any modifications to the Software. For all Contractor Pre-Existing Intellectual Property embedded in any Deliverables, Contractor grants to the State a license to use such Contractor Pre-Existing Intellectual Property in connection with its permitted use of such Deliverable. During the period between delivery of a Deliverable by Contractor and the date of payment therefor by the State in accordance with this Contract (including throughout the duration of any payment dispute discussions), subject to the terms and conditions contained herein, Contractor grants the State a royalty-free, non-exclusive, limited license to use such Deliverable and to use any Contractor Materials contained therein in accordance with this Contract.

7.3.	Subject to the terms of Section 10, Contractor shall defend, indemnify and hold harmless the State and its agents and employees, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any third party claim that the Contractor-provided products/services infringe, misappropriate or otherwise violate any third party intellectual property rights. Contractor shall not enter into any settlement involving third party claims that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or interests, without the State’s prior written consent.

7.4	Without limiting Contractor’s obligations under Section 5.3, if an infringement claim occurs, or if the State or the Contractor believes such a claim is likely to occur, Contractor (after consultation with the State and at no cost to the State): (a) shall procure for the State the right to continue using the allegedly infringing component or service in accordance with its rights under this Contract; or (b) replace or modify the allegedly infringing component or service so that it becomes non-infringing and remains compliant with all applicable specifications.

7.5	Except as otherwise provided herein, Contractor shall not acquire any right, title or interest (including any intellectual property rights subsisting therein) in or to any goods, Software, technical information, specifications, drawings, records, documentation, data or any other materials (including any derivative works thereof) provided by the State to the Contractor. Notwithstanding anything to the contrary herein, the State may, in its sole and absolute discretion, grant the Contractor a license to such materials, subject to the terms of a separate writing executed by the Contractor and an authorized representative of the State as well as all required State approvals.

7.6	Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors shall use any Software or technology in a manner that will cause any patents, copyrights or other intellectual property which are owned or controlled by the State or any of its affiliates (or for which the State or any of its subcontractors has received license rights) to become subject to any encumbrance or terms and conditions of any third party or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an “Open Source License”). These restrictions, limitations, exclusions and conditions shall apply even if the State or any of its subcontractors becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. No act by the State or any of its subcontractors that is undertaken under this Contract as to any Software or technology shall be construed as intending to cause any patents, copyrights or other intellectual property that are owned or controlled by the State (or for which the State has received license rights) to become subject to any encumbrance or terms and conditions of any open source license.

7.7	The Contractor shall report to the <<typeofAgency>>, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all Deliverables delivered under this Contract.

7.8	The Contractor shall not affix (or permit any third party to affix), without the <<typeofAgency>>’s consent, any restrictive markings upon any Deliverables that are owned by the State, and if such markings are affixed, the <<typeofAgency>> shall have the right at any time to modify, remove, obliterate, or ignore such warnings.

8.	Confidential or Proprietary Information and Documentation

8.1	Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI-TECH Act, and the Maryland Medical Records Act and the implementation of regulations promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor’s computer systems and/or cloud infrastructure, if applicable) shall be held in confidence by the other party Each party shall, however, be permitted to disclose, as provided by and consistent with applicable law, relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract. Each officer, employee and/or subcontractor to whom any of the <<typeofAgency>>’s confidential information is to be disclosed shall be advised by Contractor of and bound by confidentiality and intellectual property terms substantially equivalent to those of this Contract.

8.2	The provisions of this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was already rightfully in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law.

9.	Loss of Data

9.1	In the event of loss of any State data or records where such loss is due to the act or omission of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for restoring or recreating, as applicable, such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor. At no time shall any Contractor actions (or any failures to act when Contractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, and/or applications with which the Contractor is working hereunder.

9.2	In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss of non-public data as directed in RFP Section 3.8.

9.3	Protection of data and personal privacy (as further described and defined in RFP Section 3.8) shall be an integral part of the business activities of the Contractor to ensure there is no inappropriate or unauthorized use of State information at any time. To this end, the Contractor shall safeguard the confidentiality, integrity and availability of State information and comply with the conditions identified in RFP Section 3.8.

10.	Indemnification and Notification of Legal Requests

10.1.	At its sole cost and expense, Contractor shall (i) indemnify and hold the State, its employees and agents harmless from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s, or any of its subcontractors’, performance of this Contract and (ii) cooperate, assist, and consult with the State in the defense or investigation of any such claim, demand, action or suit. Contractor shall not enter into any settlement involving third party claims that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or interests, without the State’s prior written consent.

10.2.	The State has no obligation: (i) to provide legal counsel or defense to the Contractor or its subcontractors in the event that a suit, claim or action of any character is brought against the Contractor or its subcontractors as a result of or relating to the Contractor’s obligations or performance under this Contract, or (ii) to pay any judgment or settlement of any such suit, claim or action. Notwithstanding the foregoing, the Contractor shall promptly notify the Procurement Officer of any such claims, demands, actions, or suits.

10.3.	Notification of Legal Requests. In the event the Contractor receives a subpoena or other validly issued administrative or judicial process, or any discovery request in connection with any litigation, requesting State Pre-Existing Intellectual Property, of other information considered to be the property of the State, including but not limited to State data stored with or otherwise accessible by the Contractor, the Contractor shall not respond to such subpoena, process or other legal request without first notifying the State, unless prohibited by law from providing such notice The Contractor shall promptly notify the State of such receipt providing the State with a reasonable opportunity to intervene in the proceeding before the time that Contractor is required to comply with such subpoena, other process or discovery request. .

11.	Non-Hiring of Employees

No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, § 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and term of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

12.	Disputes

This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer’s decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02.

13.	Maryland Law Prevails

13.1	This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland.

13.2	The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any purchase order, task order, or Notice to Proceed issued thereunder, or any software, or any software license acquired hereunder.

13.3	Any and all references to the Maryland Code, annotated and contained in this Contract shall be construed to refer to such Code sections as are from time to time amended.

14.	Nondiscrimination in Employment

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic information, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the performance of the employment, or the individual’s refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

15.	Contingent Fee Prohibition

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the Contractor to solicit or secure the Contract, and that the Contractor has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract.

16.	Non-Availability of Funding

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

17.	Termination for Default

If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State’s option, become the State’s property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

18.	Termination for Convenience

The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract. However, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A (2).

19.	Delays and Extensions of Time

19.1	The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract.

19.2	Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

20.	Suspension of Work

The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State.

21.	Pre-Existing Regulations

In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article, Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract.

22.	Financial Disclosure

The Contractor shall comply with the provisions of Section13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within 30 days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

23.	Political Contribution Disclosure

The Contractor shall comply with Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.html.

24.	Retention of Records

24.1	The Contractor and subcontractors shall retain and maintain all records and documents in any way relating to this Contract for (i) three (3) years after final payment by the State hereunder, or (ii) any applicable federal or State retention requirements (such as HIPAA) or condition of award, , whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, as designated by the Procurement Officer, at all reasonable times. The Contractor shall provide copies of all documents requested by the State, including, but not limited to itemized billing documentation containing the dates, hours spent and work performed by the Contractor and its subcontractors under the Contract. All records related in any way to the Contract are to be retained for the entire time provided under this section.

24.2	This provision shall survive expiration of this Contract.

25.	Right to Audit

25.1	The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor’s performance under this Contract. An audit is defined as a planned and documented independent activity performed by qualified personnel, including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor’s compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the services performed pursuant to the Contract.

25.2	Upon three (3) Business Days’ notice, the State shall be provided reasonable access to Contractor’s records to perform any such audits. The <<typeofAgency>> may conduct these audits with any or all of its own internal resources or by securing the services of a third party accounting or audit firm, solely at the <<typeofAgency>>’s election. The <<typeofAgency>> may copy any record related to the services performed pursuant to the Contract. The Contractor agrees to fully cooperate and assist in any audit conducted by or on behalf of the State, including, by way of example only, making records and employees available as, where, and to the extent requested by the State and by assisting the auditors in reconciling any audit variances. Contractor shall not be compensated for providing any such cooperation and assistance.

25.3	The right to audit shall include any of the Contractor’s subcontractors including but not limited to any lower tier subcontractor(s). The Contractor and/or subcontractor(s) shall ensure the <<typeofAgency>> has the right to audit such subcontractor(s).

26.	Compliance with Laws

The Contractor hereby represents and warrants that:

It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the Term;

It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

27.	Cost and Price Certification

27.1	The Contractor, by submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of the date of its Proposal.

27.2	The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, as of the date of its Proposal, was inaccurate, incomplete, or not current.

28.	Subcontracting; Assignment

The Contractor may not subcontract any of its obligations under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer, each at the State’s sole and absolute discretion; provided, however, that a Contractor may assign monies receivable under a contract after written notice to the State. Any subcontracts shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor’s obligations to its subcontractors.

29.	Limitations of Liability

29.1	Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions of Contractor, its subcontractors, agents or employees as follows:

(a)	For infringement of patents, trademarks, trade secrets and copyrights as provided in Section 5 “Patents, Copyrights, Intellectual Property”) of this Contract;

(b).	Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and

(c)	For all other claims, damages, loss, costs, expenses, suits or actions in any way related to this Contract and regardless of the basis on which the claim is made, Contractor’s liability shall not exceed <<two (2) >>times the total value of the Contract or $1,000,000, whichever is greater. Third party claims arising under Section 6 (“Indemnification”) of this Contract are included in this limitation of liability only if the State is immune from liability. Contractor’s liability for third party claims arising under Section 6 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 6. The above limitation of liability is per incident. **Instruction: Include for IT contracts**

(d)	In no event shall the existence of a subcontract operate to release or reduce the liability of Contractor hereunder. For purposes of this Contract, Contractor agrees that all subcontractors shall be held to be agents of Contractor.

29.2	Contractor’s indemnification obligations for Third party claims arising under Section 6 (“Indemnification”) of this Contract are included in this limitation of liability only if the State is immune from liability. Contractor’s indemnification liability for third party claims arising under Section 6 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 6.

29.3.	In no event shall the existence of a subcontract operate to release or reduce the liability of Contractor hereunder. For purposes of this Contract, Contractor agrees that it is responsible for performance of the services and compliance with the relevant obligations hereunder by its subcontractors.

30.	Commercial Nondiscrimination

30.1	As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability, or otherwise unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

30.3	As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

3.4	The Contractor shall include the language from 30.1, or similar clause approved in writing by the <<typeofAgency>>, in all subcontracts.

31.	Prompt Pay Requirements

31.1	If the Contractor withholds payment of an undisputed amount to its subcontractor, the <<typeofAgency>>, at its option and in its sole discretion, may take one or more of the following actions:

(a)	Not process further payments to the Contractor until payment to the subcontractor is verified;

(b)	Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;

(c)	Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor;

(d)	Place a payment for an undisputed amount in an interest-bearing escrow account; or

(e)	Take other or further actions as appropriate to resolve the withheld payment.

31.2	An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: (a) retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.

31.3	An act, failure to act, or decision of a Procurement Officer or a representative of the <<typeofAgency>> concerning a withheld payment between the Contractor and a subcontractor under this section 31, may not:

(a)	Affect the rights of the contracting parties under any other provision of law;

(b)	Be used as evidence on the merits of a dispute between the <<typeofAgency>> and the Contractor in any other proceeding; or

(c)	Result in liability against or prejudice the rights of the <<typeofAgency>>.

31.4	The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the MBE program.

31.5	To ensure compliance with certified MBE subcontract participation goals, the <<typeofAgency>>may, consistent with COMAR 21.11.03.13, take the following measures:

(a)	Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate:

i.	Inspecting any relevant records of the Contractor;

ii.	Inspecting the jobsite; and

iii.	Interviewing subcontractors and workers.

Verification shall include a review of the:

i.	The Contractor’s monthly report listing unpaid invoices over thirty (30) days old from certified MBE subcontractors and the reason for nonpayment; and

ii.	The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid.

(b)	If the <<typeofAgency>> determines that the Contractor is not in compliance with certified MBE participation goals, then the <<typeofAgency>> will notify the Contractor in writing of its findings, and will require the Contractor to take appropriate corrective action. Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule.

(c)	If the <<typeofAgency>> determines that the Contractor is in material noncompliance with MBE Contract provisions and refuses or fails to take the corrective action that the <<typeofAgency>> requires, then the <<typeofAgency>> may:

i.	Terminate the Contract;

ii.	Refer the matter to the Office of the Attorney General for appropriate action; or

iii.	Initiate any other specific remedy identified by the Contract, including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts.

(d)	Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractors.

32.	Living Wage

If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the <<typeofAgency>> may withhold payment of any invoice or retainage. The <<typeofAgency>> may require certification from the Commissioner on a quarterly basis that such records were properly submitted.

33.	Use of Estimated Quantities

Unless specifically indicated otherwise in the State’s solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the <<typeofAgency>> does not guarantee a minimum or maximum number of units or usage in the performance of this Contract.

34.	Risk of Loss; Transfer of Title

Risk of loss for conforming supplies, equipment, materials and Deliverables furnished to the State hereunder shall remain with the Contractor until such supplies, equipment, materials and Deliverables are received and accepted by the State, following which, title shall pass to the State.

35.	Effect of Contractor Bankruptcy

All rights and licenses granted by the Contractor under this Contract are and shall be deemed to be rights and licenses to “intellectual property,” and the subject matter of this Contract, including services, is and shall be deemed to be “embodiments of intellectual property” for purposes of and as such terms are used and interpreted under § 365(n) of the United States Bankruptcy Code (“Code”) (11 U.S.C. § 365(n) (2010)). The State has the right to exercise all rights and elections under the Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract (including all executory statement of works). Without limiting the generality of the foregoing, if the Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the State’s rights of election, all rights and licenses granted to the State under this Contract shall continue subject to the respective terms and conditions of this Contract; and (b) the State shall be entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual property and embodiments of intellectual property, and the same, if not already in the State’s possession, shall be promptly delivered to the State, unless the Contractor elects to and does in fact continue to perform all of its obligations under this Contract.

36.	Miscellaneous

36.1	Any provision of this Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract shall survive termination or expiration of this Contract and continue in full force and effect.

36.2	If any term contained in this Contract is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such term shall be severed from this Contract, and the remaining terms contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby.

36.3	Headers Provision. The headings of the sections contained in this Contract are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Contract.

36.4 Electronic signatures provision. This Contract may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures provided by facsimile or other electronic means, e,g, and not by way of limitation, in Adobe .PDF sent by electronic mail, shall be deemed to be original signatures.

37.	Contract Monitor and Procurement Officer

37.1	The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The <<typeofAgency>> may change the Contract Monitor at any time by written notice to the Contractor.

37.2	The Procurement Officer has responsibilities as detailed in the Contract, and is the only State representative who can authorize changes to the Contract. The <<typeofAgency>> may change the Procurement Officer at any time by written notice to the Contractor.

38.	Notices

All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows:

If to the State:

<<contractManagerName>>

<<contractManagerAddress>>

Phone Number: <<contractManagerPhoneNumber>>

E-Mail: <<contractManagere-mail>>

With a copy to:

<<procurementOfficerName>>

<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>>)

<<procurementOfficerAddress>>

Phone Number: <<procurementOfficerPhoneNumber>>

E-Mail: <<procurementOfficerE-mail>>

If to the Contractor:

(Contractor’s Name)

(Contractor’s primary address)

Attn: __________________

**Delete the following if a parent company guarantee is not applicable: **

Parent Company Guarantor

Contact: _______________________________

Attn: __________________

<<39.>>	Liquidated Damages for MBE

**If there is no MBE goal for the Contract delete this section and its heading, renumbering any subsequent sections. **

<<39.>>1	The Contract requires the Contractor to comply in good faith with the MBE Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not comply in good faith with the requirements of the MBE Program and MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

<<39.>>2	Therefore, upon issuance of a written determination by the State that the Contractor failed to comply in good faith with one or more of the specified MBE Program requirements or MBE Contract provisions, the Contractor shall pay liquidated damages to the State at the rates set forth below. The Contractor expressly agrees that the State may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

(a)	Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): $<<insert value>> per day until the monthly report is submitted as required.

(b)	Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $<<insert value>> per MBE subcontractor.

(c)	Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

(d)	Failure to meet the Contractor’s total MBE participation goal and sub goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

(e)	Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of the Contract: $<<insert appropriate rate following calculation instructions from GOSBA>> per day until the undisputed amount due to the MBE subcontractor is paid. **Remove this sub-clause if this Contract is subject to section 15-226 of the State Finance and Procurement Article – Construction Contracts – Prompt Payment of subcontractors**

<<39.>>2	Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and exercise any and all other rights or remedies which may be available under the Contract or Law.

<<40.>>	Parent Company Guarantee (If applicable)

**If a Contractor intends to rely on its Parent Company in some manner while performing on the State Contract, the following clause should be included and completed for the Contractor’s Parent Company to guarantee performance of the Contractor. The guarantor/Contractor’s Parent Company should be named as a party and signatory to the Contract and should be in good standing with SDAT. **

(Corporate name of Contractor’s Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor’s Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporate name of Contractor’s Parent Company) further agrees that if the State brings any claim, action, lawsuit or proceeding against (Contractor), (Corporate name of Contractor’s Parent Company) may be named as a party, in its capacity as Absolute Guarantor.

<<41.>>	Federal Department of Health and Human Services (DHHS) Exclusion Requirements

**Keep this section if this Contract is for a federally-funded contracts involving healthcare entities or individuals, the employment of healthcare entities or individuals, or subcontracting with healthcare entities or individuals that may be named on the DHHS List of Excluded Individuals/Entities. Otherwise, delete this section and its heading, renumbering any subsequent sections. **

The Contractor agrees that it will comply with federal provisions (pursuant to §§ 1128 and 1156 of the Social Security Act and 42 C.F.R. 1001) that prohibit payments under certain federal health care programs to any individual or entity that is on the List of Excluded Individuals/Entities maintained by DHHS. By executing this Contract, the Contractor affirmatively declares that neither it nor any employee is, to the best of its knowledge, subject to exclusion. The Contractor agrees, further, during the term of this Contract, to check the List of Excluded Individuals/Entities prior to hiring or assigning individuals to work on this Contract, and to notify the <<typeofAgency>> immediately of any identification of the Contractor or an individual employee as excluded, and of any DHHS action or proposed action to exclude the Contractor or any Contractor employee.

<<42.>>	Compliance with federal Health Insurance Portability and Accountability Act (HIPAA) and State Confidentiality Law

**If this Contract falls within the mandates of HIPAA, choose only 1 of the following options, otherwise, insert the following language and delete the remaining sub-sections. **

HIPAA clauses do not apply to this Contract.

** Medical Option 1 of 3 – Use this section when the Agency is not a covered entity. The blank at the beginning would reference any statutory requirement unique to the <<typeofAgency>> unit/program, or, if there is none, the first two sentences are combined to reference “any applicable law or regulation “as follows: “The Contractor agrees to keep information obtained in the course of this Contract confidential in compliance with any applicable State and federal regulation.”

The Contractor agrees to keep information obtained in the course of this Contract confidential in compliance with _________________________________________________________. The Contractor agrees further to comply with any applicable State and federal confidentiality requirements regarding collection, maintenance, and use of health, personally identifiable, and financial information. This includes, where appropriate, the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §§ 1320d et seq., and implementing regulations at 45 C.F.R. Parts 160 and 164, and the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General §§ 4-301 et seq. This obligation includes providing training and information to employees regarding confidentiality obligations as to health, personally identifiable, and financial information and securing acknowledgement of these obligations from employees to be involved in the Contract. This obligation further includes restricting use and disclosure of the records, generally providing safeguards against misuse of information, keeping a record of any disclosures of information, providing all necessary procedural and legal protection for any disclosures of information, promptly responding to any requests by the <<typeofAgency>> for information about its privacy practices in general or with respect to a particular individual, modifying information as may be required by good professional practice as authorized by law, and otherwise providing good information management practices regarding all health, personally identifiable, and financial information.

** (OR –Option 2 of 3 – Use this confidentiality clause when the <<typeofAgency>> unit is a covered entity and the Contractor is not a business associate.): **

<<42.>>1	The Contractor acknowledges its duty to become familiar and comply, to the extent applicable, with all requirements of the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §§ 1320d et seq., and implementing regulations including 45 C.F.R. Parts 160 and 164. The Contractor also agrees to comply with the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General §§ 4-301 et seq. This obligation includes:

(a)	As necessary, adhering to the privacy and security requirements for protected health information and medical records under HIPAA and MCMRA and making the transmission of all electronic information compatible with the HIPAA requirements;

(b)	Providing training and information to employees regarding confidentiality obligations as to health and financial information and securing acknowledgement of these obligations from employees to be involved in the Contract; and

(c)	Otherwise providing good information management practices regarding all health information and medical records.

<<42.>>2	If in connection with the procurement or at any time during the Term, the <<typeofAgency>> determines that functions to be performed in accordance with the scope of work set forth in the solicitation constitute business associate functions as defined in HIPAA, the Contractor acknowledges its obligation to execute a business associate agreement as required by HIPAA regulations at 45 C.F.R. 164.501 and in the form required by the <<typeofAgency>>.

<<42.>>3	“Protected Health Information” as defined in the HIPAA regulations at 45 C.F.R. 160.103 and 164.501, means information transmitted as defined in the regulations, that is: individually identifiable; created or received by a healthcare provider, health plan, public health authority, employer, life insurer, school or university, or healthcare clearinghouse; and related to the past, present, or future physical or mental health or condition of an individual, the provision of healthcare to an individual, or the past, present, or future payment for the provision of healthcare to an individual. The definition excludes certain education records as well as employment records held by a covered entity in its role as employer.

**OR –Option 3 of 3 – Use this confidentiality clause when the <<typeofAgency>> unit is a covered entity and the Contractor is a business associate.): **

<<42.>>1	The Contractor acknowledges its duty to become familiar with and comply, to the extent applicable, with all requirements of the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. § 1320d et seq., and implementing regulations including 45 C.F.R. Parts 160 and 164. The Contractor also agrees to comply with the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General §§ 4-301 et seq. This obligation includes:

(a)	As necessary, adhering to the privacy and security requirements for protected health information and medical records under HIPAA and MCMRA and making the transmission of all electronic information compatible with the HIPAA requirements;

(b)	Providing training and information to employees regarding confidentiality obligations as to health and financial information and securing acknowledgement of these obligations from employees to be involved in the Contract; and

(c)	Otherwise providing good information management practices regarding all health information and medical records.

<<42.>>2	Based on the determination by the <<typeofAgency>> that the functions to be performed in accordance with the scope of work set forth in the solicitation constitute business associate functions as defined in HIPAA, the selected Bidder/Offeror shall execute a business associate agreement as required by HIPAA regulations at 45 C.F.R. 164.504 and in the form as required by the <<typeofAgency>>.

<<42.>>3	“Protected Health Information” as defined in the HIPAA regulations at 45 C.F.R. 160.103 and 164.501, means information transmitted as defined in the regulations, that is individually identifiable; that is created or received by a healthcare provider, health plan, public health authority, employer, life insurer, school or university, or healthcare clearinghouse; and that is related to the past, present, or future physical or mental health or condition of an individual, to the provision of healthcare to an individual, or to the past, present, or future payment for the provision of healthcare to an individual. The definition excludes certain education records as well as employment records held by a covered entity in its role as employer.

43.	Hiring Agreement

**Keep this section if this Contract might include employment by current and former Family Investment Program (“FIP”) recipients, their children, foster youth, and child support obligors (“Candidates”). The actual DHR Agreement must be included in the solicitation as Attachment O (see Section 1.43) Delete this clause if not applicable, and revise the numbering of the clauses in this Contract accordingly. Otherwise, delete this section and its heading, renumbering any subsequent sections. **

<<43.>>1	The Contractor agrees to execute and comply with the enclosed Maryland Department of Human Resources (DHR) Hiring Agreement (Attachment O). The Hiring Agreement is to be executed by the Offeror and delivered to the Procurement Officer within ten (10) Business Days following receipt of notice by the Offeror that it is being recommended for Contract award. The Hiring Agreement will become effective concurrently with the award of the Contract.

<<43.>>2	The Hiring Agreement provides that the Contractor and DHR will work cooperatively to promote hiring by the Contractor of qualified individuals for job openings resulting from this procurement, in accordance with Md. Code Ann., State Finance and Procurement Article §13-224.

<<44.>>	Limited English Proficiency

**Keep this section when there is the probability of customers with limited ability in speaking English. Delete this clause if not applicable, and revise the numbering of the clauses in this Contract accordingly. Otherwise, delete this section and its heading, renumbering any subsequent sections. **

The Contractor shall provide equal access to public services to individuals with limited English proficiency in compliance with Md. Code Ann., State Government Article, §§ 10-1101 et seq., and Policy Guidance issued by the Office of Civil Rights, Department of Health and Human Services, and DHMH Policy 02.06.07.

SIGNATURES ON NEXT PAGE

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

Contractor	State of Maryland <<ISSUINGAGENCYNAME>> (<<ISSUINGAGENCYACRONYM>>)
By:	By: <<agencyContractSigner>>, <<agencyContractSignerTitle>>
Or designee:
Date
PARENT COMPANY (GUARANTOR) (if applicable)	By:
___________________________________	___________________________________
By:	Date
___________________________________
Date
Approved for form and legal sufficiency this ____ day of _____________, 20___. ______________________________________ Assistant Attorney General
** If this solicitation requires BPW approval keep the text below, otherwise delete it.**
APPROVED BY BPW: _________________ _____________ (Date) (BPW Item #)

Contract Affidavit

A.	AUTHORITY

I hereby affirm that I, ________________________ (name of affiant) am the ________________________ (title) and duly authorized representative of ________________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B.	CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1)	Corporation -  domestic or  foreign;

(2)	Limited Liability Company -  domestic or  foreign;

(3)	Partnership -  domestic or  foreign;

(4)	Statutory Trust -  domestic or  foreign;

(5)	 Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID Number: __________________

Address: _______________________________

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number: _____________________________

Address: _______________________________

C.	FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D.	POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E.	DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency's undercover operations.)

I CERTIFY THAT:

(1)	Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2)	By submission of its Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a)	Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b)	Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c)	Prohibit its employees from working under the influence of drugs or alcohol;

(d)	Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e)	Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f)	Establish drug and alcohol abuse awareness programs to inform its employees about:

(i)	The dangers of drug and alcohol abuse in the workplace;

(ii)	The business's policy of maintaining a drug and alcohol free workplace;

(iii)	Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv)	The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g)	Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h)	Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i)	Abide by the terms of the statement; and

(ii)	Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i)	Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j)	Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i)	Take appropriate personnel action against an employee, up to and including termination; or

(ii)	Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k)	Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3)	If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4)	I acknowledge and agree that:

(a)	The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b)	The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c)	The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F.	CERTAIN AFFIRMATIONS VALID

I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Proposal Affidavit dated ________ , 201___ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date:	_______________________

By:	________________________ (print name of Authorized Representative and Affiant)

_________________________________ (signature of Authorized Representative and Affiant)

DHR Hiring Agreement

** If this solicitation does not require a DHR Hiring Agreement (see RFP Section 4.36), enter only the following sentence for this Attachment and delete the rest. **

This solicitation does not require a DHR Hiring Agreement.

**If this solicitation does require a DHR Hiring Agreement, (see Section 4.36), enter the following language for this Attachment.**

_________________________________

<<typeofAgency>> Control Number

MARYLAND DEPARTMENT OF HUMAN RESOURCES

HIRING AGREEMENT

This Hiring Agreement (“Agreement”) is effective this _______ day of ______________________, _______ and is entered into by and between the Maryland Department of Human Resources (“DHR”) and ________________________ (the “Contractor”) pursuant to State Finance Procurement Article, § 13-224, Annotated Code of Maryland, arising out of a Contract for services between Contractor and _________________________________ (“Entity”), contract number <<solicitationNumber>> (“Procurement Contract”).

WITNESSETH:

WHEREAS, DHR has identified the Procurement Contract as eligible for execution of this Agreement; and,

WHEREAS, the Contractor and the Entity, have discussed and reviewed an inventory of job openings that exists or the Contractor is likely to fill during the term of the Procurement Contract in the State of Maryland; and

WHEREAS, the Contractor, DHR and the Entity have discussed and reviewed the job descriptions, locations, and skill requirements for those positions; and

WHEREAS, DHR and the Entity have identified and discussed with the Contractor the workforce related benefits and support services available to the Contractor as a result of the Agreement including:

1.	Medicaid coverage for the employee and the employee’s dependents for up to one year after placement in the job;

2.	Maryland Children’s Health Program (MCHP) medical coverage for the employee’s dependents after one year of employment for as long as eligibility is met;

3.	Food Stamps for the employee and the employee’s dependents for as long as eligibility requirements are met;

4.	Child Care subsidies for the employee’s dependents for up to one year after employment as long as eligibility requirements are met;

5.	Transportation subsidies for the employee for a period of time after employment;

6.	Other Retention services including counseling on an as needed basis; and

7.	Assistance with claiming tax credits for hiring Candidates.

WHEREAS, the Contractor and DHR agree to work cooperatively to develop responses to the workforce development requirements faced by the Contractor and to promote the hiring of DHR’s current and former Family Investment Program (“FIP”) recipients, their children, foster youth, and child support obligors (“Candidates”) by the Contractor.

NOW THEREFORE, upon valuable consideration received, the Contractor and the DHR specifically agree as follows:

A.	The CONTRACTOR shall:

1.	Notify DHR of all job openings that exist or result from the Procurement Contract.

2.	Declare DHR the “first source” in identifying and hiring Candidates for those openings.

3.	Work with DHR to develop training programs that will enable Candidates to qualify for and secure employment with the Contractor.

4.	Give first preference and first consideration, to the extent permitted by law and any existing labor agreements, to Candidates DHR refers.

5.	Agree to give Candidates referred to the Contractor by DHR priority in the filling of a job opening so long as the Candidate meets the qualifications of the position and DHR refers qualified Candidates within three (3) working days.

6.	Submit biannual reports (for the duration of the Contract) listing the number of all job openings and the total number of individuals interviewed and hired under the Procurement Contract. The report shall also include feedback regarding the disposition of referrals made, to include an explanation of why any such Candidate was not hired or considered qualified.

7.	Designate this individual to be the specific contact person

________________________________________________________________
Name
________________________________________________________________
Address
____________________	____________________	____________________
Telephone #	Fax #	e-Mail

who will:

provide additional information regarding ‘first source” jobs and clarify their requirements;

receive DHR referrals, and

provide feedback to a DHR account representative upon request regarding the dispositions of those referrals as well as the progress/employment status of those Candidates hired by the Contractor.

B.	DHR will designate an account representative who will:

1.	Process all the Contractor’s job notices in accordance with this “Agreement.”

2.	Refer screened and qualified Candidates to the Contractor’s designated contact person.

3.	Make referrals in a timely manner, that is, within three (3) working days after receiving the Contractor’s job opening notices.

4.	Assist in the development of any mutually agreed upon training and/or internship programs that will better prepare Candidates for employment with the Contractor.

5.	Provide follow-up and post hire transitional/supportive services, (e.g. Medicaid, MCHP, Food Stamps, child care, transportation, retention counseling, and access to tax credits) as necessary and appropriate.

6.	Insure that the Contractor is advised of available subsidies and provide any assistance to the Contractor to obtain those subsidies.

7.	Report the Contractor to the procurement Entity if the Contractor does not fulfill its responsibilities in accordance with this Agreement.

8.	Review and evaluate the effectiveness of this undertaking with the Contractor and make modifications as necessary and appropriate.

C.	DISCLAIMERS

Nothing in this Agreement shall cause the Contractor, except as explicitly provided in Section A above, to alter existing hiring practices or to hire an individual into a position for which he/she is not qualified.

D.	NON-DISCRIMINATION

The Contractor agrees that there shall be no discrimination against any employee or Candidate for employment because of race, color, sex, religion, national origin, age, sexual preference, disability or any other factor specified in Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1983 and subsequent amendments and that they will comply with all other pertinent federal and State laws regarding discrimination.

E.	MARYLAND LAW PREVAILS

The place of performance of this Agreement shall be the State of Maryland. This Agreement shall be construed, interpreted, and enforced according to the laws and regulations of the State of Maryland, including approval of the Board of Public Works where appropriate.

F.	EFFECTIVE DATE

This Agreement shall take effect on the date of the aforementioned Procurement Contract, which is for the period _______________________________ through _______________________________, and it shall remain in effect for the duration of the Procurement Contract, including any option periods or extensions.

IN WITNESS, WHEREOF, the Contractor and DHR have affixed their signatures below:

FOR THE CONTRACTOR:	FOR DHR
___________________________________	__________________________________
SIGNATURE	SIGNATURE
___________________________________	Hiring Agreement Coordinator
TITLE	TITLE
______________________	______________________
DATE	DATE

Appendix 1. – Abbreviations and Definitions

For purposes of this RFP, the following abbreviations or terms have the meanings indicated below: **Add to this Abbreviations and Definitions section any acronym or term unique to this solicitation and not in common use or for which there is not a single, consistent interpretation. **

Application Program Interface (API) -	Code that allows two software programs to communicate with each other

Acceptable Use Policy (AUP) - A written policy documenting constraints and practices that a user must agree to in order to access a private network or the Internet

**Note to Procurement Officers (RFP authors, keep for procurement officer review but remove before release): You must require as part of the technical proposal ALL terms that a hosting provider wishes to apply to the State. An AUP is one of the names, but often there are multiple documents and also different names for these documents. Make sure you receive a copy of ALL terms regardless of what the hosting service provider names them, and include as part of the negotiation of terms for this Contract. You will likely have to ask for these terms repeatedly, and by names other than an AUP. You may also have to ask for copies of documents or terms that are included by reference in the documents you DO receive from the hosting provider. **

Access -	The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any information system resource

Business Day(s) – The official working days of the week to include Monday through Friday. Official working days excluding State Holidays (see definition of “Normal State Business Hours” below).

COMAR – Code of Maryland Regulations available on-line at http://www.dsd.state.md.us/COMAR/ComarHome.html.

Contract – The Contract awarded to the successful Offeror pursuant to this RFP. The Contract will be in the form of Attachment M.

Contract Monitor – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The <<typeofAgency>> may change the Contract Monitor at any time by written notice to the Contractor.

Contractor – The selected Offeror that is awarded a Contract by the State.

Contractor Personnel Employees and agents and subcontractor employees and agents performing work at the direction of the Contractor under the terms of the Contract awarded from this RFP.

Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or other Sensitive Data

<<issuingAgencyName>>or (<<ISSUINGAGENCYACRONYM>>or the “<<typeofAgency>>”)

eMM – eMaryland Marketplace (see RFP Section 4.2).

Enterprise License Agreement (ELA) – An agreement to license the entire population of an entity (employees, on-site contractors, off-site contractors) accessing a software or service for a specified period of time for a specified value.

Information System	– A discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Information Technology (IT) – All electronic information-processing hardware and software, including: (a) Maintenance; (b) Telecommunications; and (c) Associated consulting services

Key Personnel – All Contractor Personnel identified in the solicitation as such that are essential to the work being performed under the Contract. See RFP Sections 3.10.

Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B (54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.

Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.

Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date. The NTP Date is the start date of work under the Contract, project, Task Order or Work Order. Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.

NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work Order to begin.

Offeror – An entity that submits a Proposal in response to this RFP.

Personally Identifiable Information (PII) – Any information about an individual maintained by the State, including (1) any information that can be used to distinguish or trace an individual identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment M), and is the only State representative who can authorize changes to the Contract. The <<typeofAgency>> may change the Procurement Officer at any time by written notice to the Contractor.

Proposal – As appropriate, either or both of an Offeror’s Technical or Financial Proposal.

Protected Health Information (PHI) – Information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

Request for Proposals (RFP) – This Request for Proposals issued by the <<issuingAgencyName>> (<<typeofAgency>>), with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments thereto.

Security Incident – A violation or imminent threat of violation of computer security policies, Security Measures, acceptable use policies, or standard security practices. “Imminent threat of violation” is a situation in which the organization has a factual basis for believing that a specific incident is about to occur.

Security or Security Measures – The technology, policy and procedures that a) protects and b) controls access to networks, systems, and data

Sensitive Data - Means PII;PHI; other proprietary or confidential data as defined by the State, including but not limited to “personal information” under Md. Code Ann., Commercial Law § 14-3501(d) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to disclosure under the Public Information Act, Title 4 of the General Provisions Article; and .information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information.

Service Level Agreement (SLA) - Commitment by the Contractor to the <<typeOfAgency>> that defines the performance standards the Contractor is obligated to meet.

SLA Activation Date**Make sure this is applicable to this RFP; delete if not applicable** - The date on which SLA charges commence under this Contract, which may include, but to, the date of (a) completion of Transition in, (b) a delivery, or (c) releases of work

Software - The object code version of computer programs licensed pursuant to this Contract. Embedded code, firmware, internal code, microcode, and any other term referring to software that is necessary for proper operation is included in this definition of Software. Software includes all prior, current, and future versions of the Software and all maintenance updates and error corrections. Software also includes any upgrades, updates, bug fixes or modified versions or backup copies of the Software licensed to the State by Contractor or an authorized distributor.

Software as a Service (SaaS) - A software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted. For the purposes of this RFP, the terms SaaS and PaaS are considered synonymous and the term SaaS will be used throughout this document

Solution - All Software, deliverables, services and activities necessary to fully provide and support the RFP scope of work. This definition of Solution includes all System Documentation developed as a result of this Contract. Also included are all Upgrades, patches, break/fix activities, enhancements and general maintenance and support of the Solution and its infrastructure. **Remove if there is no IT component**

State – The State of Maryland.

Source Code – Executable instructions for Software in its high level, human readable form which are in turn interpreted, parsed and/or compiled to be executed as part of a computing system.

System Availability – The period of time the Solution works as required excluding non-operational periods associated with planned maintenance.

System Documentation – Those materials necessary to wholly reproduce and fully operate the most current deployed version of the Solution in a manner equivalent to the original Solution including, but not limited to:

Source Code: this includes source code created by the Contractor or subcontractor(s) and source code that is leveraged or extended by the Contractor for use in the Contract.

All associated rules, reports, forms, templates, scripts, data dictionaries and database functionality.

All associated configuration file details needed to duplicate the run time environment as deployed in the current deployed version of the system.

All associated design details, flow charts, algorithms, processes, formulas, pseudo-code, procedures, instructions, help files, programmer’s notes and other documentation.

A complete list of Third Party, open source, or commercial software components and detailed configuration notes for each component necessary to reproduce the system (e.g., operating system, relational database, and rules engine software).

All associated user instructions and/or training materials for business users and technical staff, including maintenance manuals, administrative guides and user how-to guides.

Operating procedures

Task Order**Remove if Task Orders not used**– A subset of work authorized by the Contract Monitor performed under the general scope of this RFP, which is defined in advance of Contractor fulfillment, and which may not require a Contract Modification. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a Task Order.

Technical Safeguards – The technology and the policy and procedures for its use that protect State Data and control access to it.

Third Party Software – Software and supporting documentation that:

are owned by a third party, not by the State, the Contractor, or a subcontractor,

are included in, or necessary or helpful to the operation, maintenance, support or modification of the Solution; and

were specifically identified and listed as Third Party Software in the Proposal.

Total Proposal Price - The Offeror’s total proposed price for services in response to this solicitation, included in the Financial Proposal with Attachment B – Financial Proposal Form, and used in the financial evaluation of Proposals (see RFP Section 5.4).

Upgrade - A new release of any component of the Solution containing major new features, functionality and/or performance improvements.

Veteran-owned Small Business Enterprise (VSBE) – A business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

Work Order**Remove if Work Orders not used**– A subset of work authorized by the Contract Monitor performed under the general scope of this RFP, which is defined in advance of Contractor fulfillment, and which may not require a Contract Modification. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a Work Order.

Appendix 2. – Offeror Information Sheet

Offeror
Company Name
Street Address
City, State, Zip Code
Contractor Federal Employer Identification Number (FEIN)
Contractor eMM ID number	As of the date of Proposal submission, are you registered to do business with the state of Maryland?
SBE / MBE/ VSBE Certification
SBE	Number: Expiration Date:
VSBE	Number: Expiration Date:
MBE	Number: Expiration Date: Categories to be applied to this solicitation (dual certified firms must choose only one category).
Offeror Primary Contact
Name
Title
Office Telephone number (with area code)
Cell Telephone number (with area code)
e-mail address
Authorized Offer Signatory
Name
Title
Office Telephone number (with area code)
Cell Telephone number (with area code)
e-mail address

Appendix <<laborCategoriesAppendixNumber>>. Labor Categories

**If labor categories are not required for this solicitation, delete the appendix and its heading.

If labor categories are required, delete all labor categories not applicable. Typically, you will need between 3-12 labor categories. Assign the Appendix Number. If you perform a find and replace on <<laborCategoriesAppendixNumber>>, all boilerplate in the RFP that references this Appendix will also be updated. **

Application Architect (Senior)

Position Description: The Application Architect (Senior) manages major projects that involve providing professional support services and/or the integration, implementation, and transition of large, complex systems. This individual is responsible for performing the following tasks:

Providing design and development of e-government solutions, and taking responsibility for technical design and implementation of the architecture

Designing, developing, and maintaining infrastructure and backend applications

Providing expertise on defining the role of broadband and wireless applications

Providing definition of current State architecture blueprints

Providing expertise with web servers, gateways, application servers, and content management systems

Providing experience in web application technologies and middleware solutions

Researching new technologies and products for their applicability to business processes

Comparing various solutions and determining the most suitable

Ensuring that development efforts are well-planned and in compliance to standards

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Mathematics, or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least ten (10) years of experience planning, designing, building, and implementing IT application systems. This individual must have led or been chief architect in a major IT applications implementation effort. This individual must also have a strong background in software engineering principles and techniques.

Specialized Experience: The proposed candidate must have at least six (6) years of experience in designing medium to large-scale sites, and management of at least five Internet projects.

Application Developer, Advanced Technology

Position Description: The Application Developer, Advanced Technology shall translate applications requirements into web-based solutions using available technology. This individual shall apply new and emerging technologies to the software development process.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least two (2) years of computer experience in at least two of the following disciplines: systems analysis, systems programming, application programming, and/or equipment analysis.

Specialized Experience: The proposed candidate must have at least one (1) year of experience developing applications using advanced technologies such as Internet protocols or web-based technology. Technologies include HTML, CGI applications, PERL or Javascript, and Java.

Application Developer, Advanced Technology (Senior)

Position Description: The Application Developer, Advanced Technology (Senior) must be able to translate applications requirements into web-based solutions using available technology. This individual must be able to apply new and emerging technologies to the software development process.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or five (5) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least three (3) years of computer experience in at least two of the following disciplines: system analysis, system programming, application programming, and/or equipment analysis.

Specialized Experience: The proposed candidate must have at least one (1) year of experience developing applications using advanced technologies including Internet protocols or web-based technology. Technologies include HTML, CGI applications, PERL or Javascript, and Java.

Application Development Expert

Position Description: The Applications Development Expert provides design recommendations based on long-term IT organization strategy. The position shall use a variety of platforms to provide automated systems applications to customers. This individual will be viewed both internally and externally as a technical expert and critical technical resource across multiple disciplines. His/her responsibilities include performing the following tasks:

Developing enterprise level application and custom integration solutions including major enhancements and interfaces, functions and features

Providing expertise regarding the integration of applications across the business

Determining specifications, then plans, designs, and developing the most complex and business critical software solutions, utilizing appropriate software engineering processes (either individually or in concert with a project team)

Assisting in the most difficult support problems.

Developing programming and development standards and procedures as well as programming architectures for code reuse

Understanding and consistently applying the attributes and processes of current application development methodologies

Researching and maintaining knowledge in emerging technologies and possible application to the business

Acting as an internal consultant, advocate, mentor and change agent.

Education: This position requires a Bachelor’s in Computer Science, Information Systems, or a related field or equivalent work experience. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of IT and business/industry work experience.

Specialized Experience: The proposed candidate must have at least three (3) years as a technical expert in an IT organization. This individual coaches and mentors the junior technical staff. The position will also provide technical input into the most complex and high impact IT decisions. This individual will be accountable for the most complex enterprise-wide applications and issues, translating highly complex concepts for peers and customers. The position must have in-depth knowledge of state-of-the art programming languages and object-oriented approach in designing, coding, testing and debugging programs.

Applications Programmer

Position Description: The Application Programmer analyzes functional business applications and design specifications for functional areas such as finance, accounting, personnel, manpower, logistics, and contracts. This individual is responsible for performing the following tasks:

Developing block diagrams and logic flowcharts

Translating detailed design into computer software

Testing, debugging, and refining the computer software to produce the required product

Preparing required documentation, including both program-level and user-level documentation

Enhancing software to reduce operating time or improve efficiency

Providing technical direction to programmers as required to ensure program deadlines are met

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least five (5) years of computer experience in information systems design.

Specialized Experience: The proposed candidate must have at least three (3) years of experience as an application programmer on large-scale DBMS, knowledge of computer equipment, and ability to develop complex software to satisfy design objectives.

Audit Manager

Position Description: The Audit Manager performs day-to-day management of overall contract support operations, possibly involving multiple audits and groups of personnel at multiple locations.

This individual is responsible for the overall direction and guidance of all ongoing audits for the State. His/her responsibilities shall include audit report(s) and all findings contained therein. This individual must assist with the collection of any amounts due to the State as a result of audits, in coordination with the State's designated representative. The Audit Manager is responsible for performing the following tasks:

Organizing, directing, and coordinating the planning and production of all contract support activities, including subcontractors

Developing work breakdown structures, and preparing charts, tables, graphs, major milestone calendars and diagrams to assist in analyzing problems and making recommendations

Experience: The proposed candidate must have at least four (4) years of telecommunications billing audit experience. Such experience must have included the supervision of other auditors engaged in the telecommunications billing audit process.

Auditor

Position Description: The Auditor provides third party reviews, ratings, and evaluations of IT vendors. His/her responsibilities include performing the following tasks:

Researching corporate philosophy, goals, objectives, code of ethics, and business practices

Providing financial status including, but not limited to: assets, liabilities, operating capital, cash flow, and insurance coverage

Providing financial reports and annual reports

Providing ranking among peers in the IT industry, and reputation in the IT industry

Researching customer satisfaction levels, and strengths and weaknesses

Providing costing estimations, personnel qualifications, and performance ratings

Researching project management results and performance records

Providing legal history and overall performance

Education: This position requires a Bachelor’s degree from an accredited college or university in Accounting, Finance, Business or a related field. (Note: A CPA is preferred.)

General Experience: The proposed candidate must have at least ten (10) years of auditing experience.

Specialized Experience: The proposed candidate must have at least five (5) years of experience as an auditor in auditing IT vendors.

Auditor, IT (Senior)

Position Description: The IT Auditor identifies information processing and technology risks. This individual is responsible for performing the following tasks:

Evaluating controls and making recommendations

Identifying problems and recommends solutions

Reviewing the installation and security related controls for a wide variety of computing platforms including: operating systems, sub-systems, databases, and software products used to support the processing environment

Preparing and performing audit tests and evaluating results

Providing documentation of audit tests to facilitate efficient and effective reviews

Education: This position requires a CPA and a Bachelor’s degree from an accredited college or university in Accounting, Finance, Business, Computer Science, Information Systems, or a related field.

General Experience: The proposed candidate must have at least ten (10) years of auditing experience.

Specialized Experience: The proposed candidate must have at least seven (7) years of experience in IT audits. This individual must be proficient in generally accepted IT standards, statements, and practices, as well as IT security and control practices.

Business Process Consultant (Senior)

Position Description: The Business Process Consultant (Senior) develops business requirements and business processes re-engineering methodologies. This individual shall solve application and process related problems by creating detail process and system design specifications; and works with other areas across the business units to support a total solution approach. The Business Process Consultant (Senior) is responsible for performing the following tasks:

Communicating business requirements for reports and applications development

Facilitating collaboration within and across business units and across IT functions

Resolving problems and improving business units’ technical environments

Education: This position requires a Bachelor’s degree from an accredited college or university in Business, Human Resources Management or a related field. (Note: An MBA or MPA is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in business process re-engineering.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in re-engineering large scale business processes.

Change Management Expert/Lead

Position Description: The Change Management Expert/Lead shall work with the State’s designated representatives to evaluate process efficiencies and recommend improvement options in the short term and long term; assist with identifying and resolving system gaps between business process requirements and system capabilities; identify and document Change Management (CM) and training needs, develop and draft detailed CM strategy, plan and associated artifacts. Lead and manage the execution of the CM plan.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Engineering, Computer Science, Information Systems, Business, Psychology, or other related discipline.

General Experience: The proposed candidate must have at least ten (10) years of experience in organizational change management.

Specialized Experience: The proposed candidate must have at least eight (8) years of experience in drafting detailed CM strategy, plan and associated artifacts and five (5) years of experience in leading and managing the execution of the CM plan.

Computer Graphics Illustrator

Position Description: The Computer Graphics Illustrator shall recommend various methods of portraying ideas regarding the design, layout, and generation of a variety of graphical presentation products from rough drafts or outlines. The position shall utilize complex automated color graphic equipment, and PC software packages to perform duties.

Education: This position requires a high school diploma or the equivalent. An additional year of specialized experience may be substituted for the required education.

Total Experience: The proposed candidate must have at least three (3) years of experience in creating and generating graphics using computer graphics software. This individual must possess skill in the preparation of graphs, charts, and text data for visual presentations. A basic knowledge of graphic equipment, graphic software, file formats, and graphic terms is required.

Computer Operations Center, Specialist

Position Description: The Computer Operations Center Specialist shall establishe detailed schedules for maximum utilization of all computer operations center equipment. The Computer Operations Center Specialist is responsible for performing the following tasks:

Consulting with other data processing section personnel to coordinate activities, and prepare activity and progress reports regarding the computer operations center

Evaluating production, equipment and personnel costs

Analyzing and interpreting technical data processing data

Communicating technical data processing information effectively both orally and in writing

Applying applicable rules, regulations, policies and procedures of the computer operations center

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree. (Note: A Master’s degree is preferred.)

General Experience: This position requires a minimum of five (5) years of experience.

Specialized Experience: The proposed candidate must have:

Possess at least three (3) years of specialized experience working in a computer operations center

Possess the ability to function in a multi-system and/or multi-application environment. Ability to operate and monitor multiple terminals.

Demonstrate knowledge of data processing operations, equipment, procedures, and workflow.

Demonstrate knowledge of environmental requirements of mainframes, servers and other hardware.

Demonstrate knowledge of emergency security procedures for a computer operations center.

Computer Programmer (Junior)

Position Description: The Computer Programmer (Junior) shall translate detail program flowcharts into program-coded instructions used by third- and fourth-generation, or current state-of-the-art computers.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least three (3) years of computer programming experience.

Computer Programmer (Senior)

Position Description: The Computer Programmer (Senior) shall utilize IT equipment and languages (third- and fourth-generation or current state-of-the-art) to develop and prepare diagrammatic plans to solve business, management, communications, and strategic problems. This individual shall design detailed programs, flowcharts, and diagrams showing mathematical computations and sequence of machine operations necessary to copy and process data and print results. This individual shall verify the accuracy and completeness of programs and systems by preparing sample representative data, and perform testing by means of cycle and system processing.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of programming experience in software development or maintenance.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in IT systems analysis and programming.

Computer Software/Integration Analyst (Senior)

Position Description: The Computer Software/Integration Analyst (Senior) is responsible for performing the following tasks:

Presenting system designs for user approval at formal reviews

Performing configuration management, software integration, interpreting software test results, and recommending solutions for unsatisfactory test results

Providing solutions to identified software problem reports

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of progressive working experience as a computer specialist or a computer systems analyst.

Specialized Experience: The proposed candidate must have at least five (5) years of experience as a Computer Systems Analyst. This individual must be knowledgeable in implementing computer systems in a phased approach of requirements analysis and conceptual design, site survey, system design review, critical design review, installation, integration, and testing. This individual must be knowledgeable in performing requirements analysis for a wide range of users in areas such as office automation, finance, and accounting. This individual must be knowledgeable in life-cycle support, including maintenance, administration, and management.

Computer Specialist

Position Description: The Computer Specialist shall determine costs for converting computer systems from one language or machine to another by utilizing compilers, simulators, emulators, and/or language translators, and recommend better utilization of operating systems capabilities to improve system efficiency. His/her responsibilities shall include the following:

Developing, managing, maintaining, and evaluating state-of-the-art computer hardware, software, and software development tools

Evaluating their ability to support specific requirements and interface with other equipment and systems

Determining potential and actual bottlenecks

Proposing recommendations for their elimination

Making recommendations for systems improvements that will result in optimal hardware and software usage

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least five (5) years of computer experience in at least two of the following disciplines: systems analysis, systems programming, application programming, and/or equipment analysis.

Specialized Experience: The proposed candidate must have at least three (3) years of experience as a computer hardware and/or systems software specialist, or as a systems analyst with duties relating to the evaluation of third- and fourth-generation or state-of-the-art computer hardware and software, and its ability to support specific requirements for systems management or large-scale system development and maintenance.

Computer Systems Analyst (Junior)

Position Description: The Computer Systems Analyst (Junior) develops requirements for information systems from a project’s inception to conclusion. This individual develops required specifications for simple to moderately complex systems. The position shall be responsible for assisting senior computer systems analyst in preparing input and test data for the proposed system.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least three (3) years of computer experience in assignments of a technical nature, working under close supervision and direction.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in analyzing and programming applications on large-scale or mid-tier computers (or LAN-based) with a minimum of one (1) year of design and programming of moderately complex IT systems.

Computer Systems Analyst (Senior)

Position Description: The Computer Systems Analyst (Senior) provides technical and administrative direction for personnel performing software development tasks; this includes the review of work products for correctness, adherence to the design concept and to user standards, and for progress in accordance with schedules. The Computer Systems Analyst (Senior) is responsible for performing the following tasks:

Coordinating with the Program Manager to ensure problem solutions and user satisfaction

Making recommendations, if needed, for approval of major systems installations

Preparing milestone status reports and deliveries/presentations on the system concept to colleagues, subordinates, and end user representatives

Providing daily supervision and direction to support staff

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of computer experience working independently or under general direction on complex application problems involving all phases of systems analysis.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in analysis and design of business applications for complex large-scale or mid-tier computer systems, or LAN-based systems, to include experience in Database Management Systems (DBMS), and use of programming languages. This individual must have knowledge of current storage and retrieval methods, and demonstrated ability to formulate specifications for computer programmers to use in coding, testing, and debugging of computer programs.

Computer Systems Programmer

Position Description: The Computer Systems Programmer creates and/or maintains operating systems, communications software, database packages, compilers, repositories, and utility and assembler programs. This individual shall modify existing software, and develop special-purpose software to ensure efficiency and integrity between systems and applications.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least five (5) years of computer experience in information systems design.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in IT systems analysis and programming.

Computer Systems Programmer (Senior)

Position Description: The Computer Systems Programmer (Senior) creates and/or maintains operating systems, communications software, database packages, compilers, repositories, and utility and assembler programs. This position is responsible for modifying existing software and develop special-purpose software to ensure efficiency and integrity between systems and applications.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have twelve (12) years of computer experience in information systems design.

Specialized Experience: The proposed candidate must have at least ten (10) years of experience in IT systems analysis and programming.

Computer Systems Security Specialist

Position Description: The Computer Systems Security Specialist analyzes and defines security requirements for MLS issues. This individual is responsible for performing the following tasks:

Designing, developing, engineering, and implementing solutions to MLS requirements

Gathering and organizing technical information about an agency’s mission goals and needs, existing security products, and ongoing programs in the MLS arena

Performing risk analyses, which also includes risk assessment

Providing daily direction to staff

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or four (4) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least six (6) years of experience in analysis and definition of security requirements, and at least four (4) years of IT experience in data security.

Specialized Experience: The proposed candidate must have at least four (4) years of specialized experience in defining computer security requirements for high-level applications, evaluating approved security product capabilities, and developing solutions to MLS problems.

Cost Accountant (Senior)

Position Description: The Senior Cost Accountant provides cost estimates and financial management support including all activities that occur during the life cycle of an information technology application or system. This individual is responsible for performing the following tasks:

Conducting investment analyses or other complex operational analyses

Providing expertise and support in conducting a full range of investment analyses activities including:

Market surveys,

Requirements definitions

Schedule development

Tradeoff studies

Cost analyses

Benefits analyses

Risk analyses

Economic analyses

Supporting architecture efforts including economic analyses of architecture alternatives, architecture issues resolutions, and affordability analyses

Conducting analytical studies involving complex technical analyses, schedule constraints, and system benefits and system cost factors

Identifying cost accounting or financial problems and recommending solutions

Presenting plans, analyses, and other advice within functional areas

Education: This position requires a Bachelor’s degree from an accredited college or university in Economics, Business, Accounting, Finance, or a related discipline. (Note: A Master’s degree and CPA are preferred.) General Experience: The proposed candidate must have at least eight (8) years of relevant experience as a cost analyst, or have been involved in analysis in business-related subject areas such as accounting, finance, or economics.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in financial cost accounting with demonstrated success in analyzing information systems.

Database Management Specialist (Junior)

Position Description: The Database Management Specialist (Junior) shall provide highly technical expertise and support in the use of DBMS. This individual shall evaluate and recommend available DBMS products to support validated user requirements. This individual is responsible for performing the following tasks:

Defining file organization, indexing methods, and security procedures for specific user applications

Developing, implementing, and maintaining database back-up and recovery procedures for the processing environments

Ensuring that data integrity, security, and recoverability are built into the DBMS applications.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least three (3) years of experience in DBMS systems analysis and programming.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in using current DBMS technologies, application design utilizing various database management systems, and experience with DBMS internals.

Database Management Specialist (Senior)

Position Description: The Database Management Specialist (Senior) shall provide highly technical expertise and support in the use of DBMS. This individual is responsible for performing the following tasks:

Evaluating and recommending available DBMS products to support validated user requirements

Defining file organization, indexing methods, and security procedures for specific user applications

Developing, implementing, and maintaining database back-up and recovery procedures for the processing environments

Ensuring data integrity, security, and recoverability are built into the DBMS applications

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least six (6) years of experience in DBMS systems analysis and programming.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in using current DBMS technologies, application design utilizing various database management systems, and experience with DBMS internals.

Database Manager

Position Description: The Database Manager shall manage the development of database projects. This individual is responsible for performing the following tasks:

Planning and budgeting staff and data resources

Supporting application developers in planning preparation, load analysis, and backup and recovery of data

Reallocating resources to maximize benefits, when necessary

Preparing and delivering presentations on DBMS concepts

Providing daily supervision and direction to support staff

Monitoring performance and evaluating areas to improve efficiency

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of experience in the development and maintenance of database systems.

Specialized Experience: The proposed candidate must have at least five (5) years of experience with database management systems, system design and analysis, operating systems software, and internal and data manipulation languages.

Documentation Specialist

Position Description: The Documentation Specialist gathers, analyzes, and composes technical information. This individual is responsible for performing the following tasks:

Conducting research and ensuring the use of proper technical terminology

Translating technical information into clear, readable documents to be used by technical and non-technical personnel

Using the standard help compiler to prepare all on-line documentation (for applications built to run in a Windows environment)

Education: This position requires an Associate’s Degree in a related field.

General Experience: The proposed candidate must have at least four (4) years of experience in technical writing and documentation experience pertaining to all aspects of IT.

Specialized Experience: The proposed candidate must have at least two (2) years of experience in preparing technical documentation including researching for applicable standards.

Facilities Specialist

Position Description: The Facilities Specialist performs installation, operation, maintenance, and repair of facilities, institutional equipment and systems. This may include, but is not limited to

High and low pressure steam plant boilers

Security and fire systems

Portable and installed generator sets

Automatic transfer sets

Uninterruptable power supplies

Batteries and associated electrical wiring/components

Air handling units, pumps, exchangers and cooling towers

Carpentry, painting, plumbing and electrical and mechanical activities

Various mechanical functions associated with diagnostics, dismantling, and repair of machines and mechanical equipment

Education: This position requires a High School diploma or the equivalent.

General Experience: The proposed candidate must have at least one (1) year of experience in facilities work or related field.

Facility Operations Engineer

Position Description: The Faculty Operations Engineer provides engineering support for facility and infrastructure projects. This individual supports project development, design, bid proposal, schedule development, and technical support. This individual shall manage and direct personnel in the operation, maintenance, and repair of facilities, systems, and institutional equipment; these include building, heating, ventilation and air conditioning (HVAC) systems, boiler systems, generator systems and electrical systems.

Education: This position requires a Bachelor’s degree from an accredited college or university in Civil, Mechanical, Electrical, Industrial or Facilities Management Engineering or a related field.

General Experience: The proposed candidate must typically have at least eight (8) years of experience in facilities management or related field.

Financial Analyst

Position Description: The Financial Analyst shall clearly define government financial business practices and Electronic Commerce/Electronic Data Interchange (EC/EDI) opportunities, and incorporate the defined processes into an automated solution that include relational databases and distributed systems for integration into the government financial business system. The Financial Analyst is responsible for performing the following tasks:

Identifying potential problems and recommending solutions through analysis

Working with functional specialists, automation specialists, Master Contractors, vendors, and customers to effectively automate the customer’s requirements into an automated application

Acting as a focal point to coordinate all disciplines in the recommended solution.

Communicating with both IT and financial oriented individuals to document the flow, recommend opportunities, impact recommendations, and serve as the liaison between the financial specialist and automation specialist that do not have both disciplines

Applying state-of-the-art applications that will automate financial applications in the most effective manner while adhering to the established Accounting Principles and Practices

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Finance, Business, or a related technical discipline. (Note: A Master’s degree is preferred.) General Experience: The proposed candidate must have at least five (5) years of financial management experience.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in financial management with demonstrated ability in analyzing, designing, and developing automated applications for unique business practices in a fee-for-service environment.

Financial Analyst (Senior)

Position Description: The Financial Analyst (Senior) provides financial management planning and execution support. His/her responsibilities include performing the following tasks:

Conducting investment analyses or other complex operational analyses

Providing expertise and support in conducting a full range of investment analyses activities, including market surveys, cost analyses, benefits analyses, risk analyses, economic analyses, requirements definitions, schedule development, and tradeoff studies

Supporting architecture efforts including economic analyses of architecture alternatives, architecture issues resolutions, and affordability analyses

Classifying and summarizing financial data for the preparation and submission of reports on a recurring basis

Applying financial analysis to information systems issues

Education: This position requires a Bachelor’s degree from an accredited college or university in Economics, Business, Accounting, Finance, or related discipline. (Note: A Master’s degree and a CPA are preferred.) General Experience: The proposed candidate must have at least eight (8) years of progressive experience as an analyst or have been involved in analyst type functions in a business related subject area such as accounting, finance or economics.

Specialized Experience: The proposed candidate must have at least five (5) years of financial management experience with demonstrated ability in analyzing information systems. This individual must have knowledge of theories, principles, and practices of financial management, including time value analyses, cash flow analyses, and cost/benefit and return on investment analyses.

Group Facilitator (Senior)

Position Description: The Group Faciliator (Senior) provides assistance in the group decision-making process by intervening to help a group improve its effectiveness and efficiency through enhanced problem identification, problem solutions and decision-making skills. This position’s responsibilities include performing the following tasks:

Taking primary responsibility for managing the group process and assists groups to be more effective by improving existing group practices.

Guiding groups through proven processes and understands basic group dynamics and interrelationships.

Intervening when it is evident that the group process or other factors interfere with a group’s ability to accomplish specific goals and objectives.

Education: A Bachelor’s degree from an accredited college or university with a major in Education, the Social Sciences, Human Resources, Business or a related field.

General Experience: The proposed candidate must have at least five (5) years of experience as a group facilitator.

Specialized Experience: The proposed candidate must have at least three (3) years of experience as a group facilitator involving technical projects.

Help Desk Manager

Position Description: The Help Desk Manager provides daily supervision and direction to the staff responsible for phone and in-person support to users in the areas of e-mail, directories, standard Windows desktop applications, and other network services. This individual shall manage the personnel that serve as the first point of contact for troubleshooting hardware and software PC and printer problems.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of experience in the management of a Help Desk. General experience includes information systems development, network, and other work in the client/server field, or related fields.

Specialized Experience: The proposed candidate must have at least five (5) years of specialized experience including: management of help desks in a multi-server environment, comprehensive knowledge of PC operating systems (e.g., DOS, Windows), networking and mail standards, and supervision of help desk employees. The candidate must have demonstrated ability to effectively communicate orally and in writing, and have a positive customer service attitude.

Help Desk Specialist (Junior)

Position Description: The help Desk Specialist provides telephone and in-person support to users in the areas of directories, standard Windows desktop applications, and applications developed under this Contract or predecessors. This individual serves as the initial point of contact for troubleshooting hardware/software PC and printer problems.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least five (5) years of experience in business IT environments, with emphasis on PC hardware and applications. General experience includes information systems development, work in the client/server field, or related fields.

Specialized Experience: The proposed candidate must have at least two (2) years of comprehensive knowledge of PC operating systems, e.g., DOS, Windows, as well as work on a help desk. This individual must show demonstrated ability to communicate orally and in writing and to have a positive customer service attitude.

Help Desk Specialist (Senior)

Position Description: The Help Desk Specialist (Senior) provides telephone and in-person support to users in the areas of directories, standard Windows desktop applications, and applications developed under this Contract or predecessors. This individual serves as the initial point of contact for troubleshooting hardware/software PC and printer problems.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree.

General Experience: This position requires a minimum of seven (7) years of experience in a business IT environment with emphasis on PC computer hardware and applications. General experience includes, but is not limited to: information systems development, work in the client/server field, or related fields.

Specialized Experience: The proposed candidate must have at least five (5) years comprehensive knowledge of PC operating systems, e.g., DOS, Windows, as well as work on a help desk. The proposed candidate must have at demonstrated ability to effectively communicate orally and in writing and to have a positive customer service attitude.

Information Engineer

Position Description: The Information Engineer shall apply a set of disciplines for planning, analysis, design, construction, and maintenance of information systems on a business-wide basis or across a major sector of the business. This individual is responsible for performing the following tasks:

Performing business strategic systems planning, information planning, and analysis

Performing process and data modeling in support of the planning and analysis efforts using both manual and automated tools (such as I-CASE tools)

Applying reverse engineering and re-engineering disciplines to develop migration strategic and planning documents

Providing technical guidance in software engineering techniques and automated support tools

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline.

General Experience: The proposed candidate must have at least five (5) years of experience in engineering, systems analysis, design, and programming.

Specialized Experience: The proposed candidate must have at least two (2) years of experience in information systems development, functional and data requirement analysis, systems analysis, and design, programming, program design, and documentation preparation.

Information Engineer (Senior)

Position Description: The Information Engineer (Senior) develops analytical and computational techniques and methodology for problem solutions. This position is responsible for performing the following tasks:

Performing process and data modeling in support of the planning and analysis efforts using manual and automated tools; such as Integrated Computer-Aided Software Engineering (I-CASE) tools.

Applying reverse engineering and reengineering disciplines to develop migration strategic and planning documents.

Providing technical guidance in software engineering techniques and automated support tools.

Applying business process improvement practices to modernization projects.

Applying, as appropriate, activity and data modeling transaction flow analysis; internal control and risk analysis; modern business methods; and performance measurement techniques.

Assisting in establishing standards for information systems procedures.

Developing and applies organization wide information models for use in designing and building integrated, shared software and Database Management Systems (DBMS).

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in managing the implementation of information engineering projects and experience in systems analysis, design and programming using CASE and IE tools and methods.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in information systems development, functional and data requirement analysis, systems analysis and design, programming, program design, and documentation preparation.

Information Security Engineer

Position Description: The Information Security Engineer analyzes and defines security requirements for information protection. This individual must define and develop security policies. This individual also analyzes the sensitivity of information, and performs vulnerability and risk assessments on the basis of defined sensitivity and information flow.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in information protection.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in defining security programs or processes for the protection of sensitive or classified information.

Information Technology Architect (Senior)

Position Description: The Information Technology Architect (Senior) shall provide expertise in the most current principles and practices of architecture data management systems and experience in large system designs, and with data modeling in the information management arena. This individual provides expertise in modeling and organizing information to facilitate support of projects or information architectures. The individual also provides guidance on how and what to data and process model. The position primarily deals with transition planning from legacy to modern systems by concentrating on information flows, data exchange, and data translation standardization services.

Education: Bachelor’s Degree from an accredited college or university with a major in Engineering, Computer Science, Mathematics or a related field. Master’s degree preferred.

General Experience: At least ten (10) years of experience planning, designing, building, and implementing IT systems.

Specialized Experience: At least five (5) years of the required ten (10) years of experience must be in the direct supervision and management of major projects that involve providing professional support services and/or the integration, implementation and transition of large complex system and subsystem architectures. Must have led or been chief architect in major IT implementation efforts. Must demonstrate a broad understanding of client IT environmental issues and solutions and be a recognized expert within the IT industry. Must demonstrate advanced abilities to team and mentor and possess demonstrated excellence in written and verbal communication skills.

Internet/Intranet Site Developer (Junior)

Position Description: The Internet/Intranet Site Developer (Junior) must be able to translate applications requirements into the design of complex web sites, including integrating web pages and applications. The individual in this position must be able to apply new and emerging technologies to the development process.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at one (1) year of web development experience using current Web development and graphic tools, as well as, Web server and database administration.

Specialized Experience: The proposed candidate must have at least one (1) year of experience designing, developing and deploying Web sites and/or Web applications, including product selection, configuration, installation, maintenance, and site policy development. Experience developing Web pages using HTML, scripting languages, platform specific web development languages and relational databases.

Internet/Intranet Site Developer (Senior)

Position Description: The Internet/Intranet Site Developer shall translate application requirements into the design of complex web sites, including integrating web pages and applications. This individual shall apply new and emerging technologies to the site development process.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least five (5) years of web development experience using current Web development and graphic tools, as well as, Web Server and database administration.

Specialized Experience: The proposed candidate must have at least three (3) years of experience designing, developing and deploying Web sites and/or Web applications, including product selection, configuration, installation, maintenance, and site specific Web development languages and relational databases.

Internet/Web Architect

Position Description: The Internet/Web Architect is responsible for analyzing assigned specifications, planning, designing, and developing solutions, utilizing appropriate Internet/Intranet/Extranet architecture processes supporting a wide range of business processes. This individual shall provide appropriate documentation for object design decisions, estimating assumptions, applets and performance metrics – as required by organization architecture process standards, or as assigned. This individual is responsible for minimizing the issues between the client and the server applications, and for the overall setup and design of the Internet and web server architecture. The impact and complexity of this job will increase if the organization is utilizing Internet solutions (vs. only Intranet), especially those with significant business impact (e.g., e-business).

Education: This position requires a Bachelor’s Degree in Computer Science, Information Systems, or a related field; or equivalent work experience.

General Experience: The proposed candidate must have at least five (5) years of IT work experience.

Specialized Experience: The proposed candidate must have worked independently or as a part of a team under general supervision, and have coached more junior technical staff. This individual must have worked in the role of a technical expert for an IT organization on its web application(s). This individual must provide input into highly complex and high impacting decisions as it relates to his/her area of expertise.

Network Administrator

Position Description: The Network Administrator performs a variety of network management functions related to the operation, performance, or availability of data communications networks. This individual is responsible for performing the following tasks:

Analyzing client LANs/WANs, isolating the source of problems, and recommending reconfiguration and implementation of new network hardware to increase performance

Modifying command language programs and network start up files, assigning/reassigning network device logical, and participating in load balancing efforts throughout the network to achieve optimum device utilization and performance

Establishing new user accounts on the network, granting access to required network files and programs.

Managing network E-mail functions

Establishing mailboxes and monitoring mail performance on the network

Troubleshooting network/user problems, and presenting resolutions for implementation

Preparing a variety of network resource reports

Education: This position requires an Associate's degree from an accredited college or university in Computer Science, Information Systems, Engineering or a related field; or two (2) years of college or university study in Computer Science, Information Systems, Engineering or a related field. If applicable, the candidate should be certified as a network administrator for a specific network operating system as defined by the State. Certification criteria are determined by the network operating system vendor. Two (2) additional years of specialized experience may be substituted for the required education.

General Experience: The proposed candidate must have at least two (2) years of experience in a computer-related field. This individual must have advanced knowledge of network operating systems.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in one or more of the following areas: data communications engineering, data communications hardware or software analysis, network administration or management, data communications equipment installation and maintenance, or computer systems administration and management. This individual must also have experience with cable/LAN meters, protocol analyzers, SNMP' and RMON based software products. Additionally, he/she must have knowledge of Ethernet, FDDI and high speed WANs and routers.

Network Engineer (Junior)

Position Description: The Network Engineer (Junior) performs similar duties as directed or instructed by the senior network engineer. This individual conducts studies pertaining to network configuration, and monitors traffic patterns such as protocols and peak usage. This individual must stay current with technological changes.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Computer Science, Information Systems, Engineering or a related scientific or technical discipline.

General Experience: The proposed candidate must have at least five (5) years of experience in a computer-related field.

Specialized Experience: The proposed candidate must have at least three (3) years of progressive experience in planning, designing, implementation, and analyzing data or telecommunications networks.

Network Engineer (Senior)

Position Description: The Network Engineer is responsible for the design and implementation of large data communications or telecommunications networks. This individual is also responsible for the design and implementation of LANs/WANs using hub switching and router technology. In addition, the Network Engineer is responsible for performing the following tasks:

Planning and monitoring the installation of communications circuits

Managing and monitoring local area networks and associated equipment (e.g., bridges, routers, modem pools, and gateways)

Conducting short and long-term plans to meet communications requirements

Performing hardware/software analyses to provide comparative data of performance characteristics and suitability within the existing systems environment

Preparing tradeoff studies and evaluations for vendor equipment

Generating network monitoring/performance report, for LAN/WAN utilization studies

Recommending network design changes/enhancements for improved system availability and performance

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Computer Science, Information Systems, Engineering or a related scientific or technical discipline. If applicable, the candidate must be certified as network engineer for the specific network operating system as defined in by the State. The certification criteria are determined by the network operating system vendor.

General Experience: The proposed candidate must have at least nine (9) years of experience in a computer-related field.

Specialized Experience: The proposed candidate must have at least seven (7) years of progressive experience in planning, designing, implementation, and analyzing data or telecommunications networks. This individual must have experience with network analysis/management tools and techniques, and be familiar with Personal Computers (PCs) in a client/server environment. This individual must also be familiar with IT technology and long distance and local carrier management.

Network Manager

Position Description: The Network manager performs a variety of network management functions in support of MIS services related to the operation, performance, or availability of data communications networks. This individual shall serve as an LAN/WAN consultant skilled in network analysis, integration, and tuning. His/her responsibilities include performing the following tasks:

Modifying command language programs and network start up files, assigning/re-assigning network device logical, analyzing network performance, and recommending adjustments to wide variety of complex network management functions with responsibility for overall performance and availability of networks

Analyzing client LANs/WANs, isolating source of problems, and recommending reconfiguration and implementation of new network hardware to increase performance

Conducting load balancing efforts to achieve optimum device utilization and network performance

Managing network E-mail functions

Establishing mailboxes and monitoring mail performance on the network

Coordinating with communications engineering to resolve hardware problems

Working with customer and operations staff in scheduling preventative and emergency maintenance activities

Education and Other Requirements: This position requires a Bachelor’s degree from an accredited college or university with a major in Computer Science, Information Technology, Engineering, or a related discipline. If applicable, the candidate must be certified as a network engineer for the specific network operating system as defined by the State. The certification criteria are determined by the network operating system vendor.

General Experience: The proposed candidate must have at least twelve (12) years of experience in a computer-related field. This individual must have a working knowledge of network operating systems.

Specialized Experience: The proposed candidate must have at least ten (10) years of experience in one or more of the following areas: data communications engineering, data communications hardware or software analysis, network administration or management, or have data communication equipment installation and maintenance. He is must have knowledge of cable including FDDI, FOIRL, and 10Base T. in addition, the candidate must have a working knowledge of Ethernet, high speed WANs, routers, bridges, and switches.

Experience working with IBM's SNA, with knowledge of the MVS operating system and SNA protocols. This individual must have experience with cable/LAN meters, protocol analyzers, Simple Network Management Protocol (SNMP) and Remote Monitoring (RMON) based software products.

Network Security Engineer

Position Description: The Network Security Engineer designs, develops, engineers, and implements solutions for projects such as biometrics, smart cards, Secure remote access, VPN, Intrusion detection, port scanning, web security, and vulnerability assessments and remediation.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline. A Master's Degree in one of the above disciplines is equal to one (1) year of specialized and two (2) years of general experience. An additional year of specialized experience may be substituted for the required education.

General Experience: The proposed candidate must have at least eight (8) years of computer-related experience.

Specialized Experience: The proposed candidate must have at least five (5) years of specialized experience in defining computer security requirements for high-level applications, evaluation of approved security product capabilities, and security management.

Network Technician

Position Description: The Network Technician performs similar duties as directed or instructed by the senior network engineer. This individual adds or exchanges externally connected PC accessories and data communications equipment including cables, boards, batteries, disks drives, and other PC components. This individual also attaches, detaches, or exchanges LAN cabling to workstations, servers, network devices, telecommunications, and data communications equipment.

Education: This position requires an Associate's degree from an accredited college or university in Computer Science, Information Systems, Engineering or a related field; or Technical school certificate of completion in the data communications field including cable installation, or the equivalent military training. An additional year of specialized experience may be substituted for the required education.

General Experience: The proposed candidate must have at least three (3) years of experience in a computer-related field.

Specialized Experience: The proposed candidate must have at least two (2) years of experiences installing and maintaining shared resources for communication networks and devices.

Office Automation Specialist

Position Description: The Office Automation Specialist performs specialized data entry work, operating specialized data entry equipment in a high production and closely monitored work environment. This position is responsible for key entering data from a variety of source documents with specific standards maintained for speed and accuracy.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree.

General Experience: The proposed candidate must have a minimum of five (5) years of experience data entry work and equipment.

Specialized Experience: The proposed candidate must have a minimum of three (3) years of specialized experience in the operation of specialized data entry equipment.

Planner, Information Technology (Senior)

Position Description: The Information Technology Planner (Senior) provides planning services for a wide range of programs and projects including design, development, implementation, post-implementation and maintenance of the systems. The tasks that this position performs includes:

Provides SWOT analyses, critical success factor analyses, strategic business planning, strategic information systems planning, value chain analyses, e-business assessments, and other techniques used to establish strategic plans.

Provides expertise in conducting research, evaluations, and studies required to develop both short-term and long-term plans.

Provides plans, designs, concepts, and develops both general and specific program and project strategies for linking proposed investments in IT to business results.

Provides planning, scheduling, networking and coordination assistance among State organizations involved in implementation and integration efforts. Identifies problems and recommends solutions.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Computer Science, Information Systems, Planning or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least ten (10) years progressive experience as an IT planner or involved in planning type functions.

Specialized Experience: The proposed candidate must have at least six (6) years of experience in planning, analyses, design, development, implementation and post-implementation of IT projects or systems.

Program Administration, Specialist

Position Description: The Program Administration Specialist assists in the preparation of management plans and various customer reports. This position coordinates schedules to facilitate the completion of TO and change proposals, Contract deliverables, TO reviews, briefings and presentations. Performs analysis, development, and review of program administrative operating plans and procedures.

Education: This position requires a High school diploma or equivalent. (Note: A Bachelor’s degree is preferred.)

General Experience: This position requires at least three (3) years of experience working with project management tools and reporting systems. Familiar with government contracts, work breakdown structures, management/business plans, and program reporting.

Specialized Experience: The proposed candidate must have at least two (2) years of direct program experience in Contract administration and preparing management reports. The proposed candidate must have worked in support of a Program Manager on a government Contract.

Program Manager

Position Description: The Program Manager serves as the single point of contact for the State regarding day-to-day IT project operations. The position shall oversee and direct all resources provided under this RFP. His/her responsibilities shall include overall project governance, communications with executives, planning, budgeting, execution, monitoring, control, quality assurance and implementing course corrections as needed. The Program Manager is responsible for performing the following:

Managing day-to-day project activities

Identifying issues and risks and recommending possible issue and risk mitigation strategies

Facilitating State agency and Master Contractor discussions / meetings

Ensuring that performance is within scope, consistent with requirements, and delivered on time and within budget

Identifying critical paths, tasks, dates, testing, and acceptance criteria

Ensuring the application of State SDLC standards.

Providing solutions to improve efficiency (e.g., reduce costs while maintaining or improving performance levels)

Monitoring issues and providing resolutions for up-to-date status reports

Documenting and delivering project management related artifacts

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Information Systems, Business or a related discipline. Candidates must possess a Project Management Professional (PMP) certification from the Project Management Institute (PMI).

General Experience: The proposed candidate must have at least ten (10) years of experience in project management.

Specialized Experience: The proposed candidate must demonstrate at least eight (8) years of experience managing complex IT development projects, similar to that described in the Statement of Work. This individual must also have experience in a leadership role for at least three (3) successful projects with an organizational change management component that involve working with stakeholder groups across the organization. The candidate must possess at least five (5) years of experience using PMI's Project Management Body of Knowledge (PMBoK) methodologies and artifacts.

Program Manager, Deputy

Position Description: The Deputy Program Manager works closely with the Program Manager to ensure the smooth running of the program and/or project(s). The Program Manager is responsible for performing the following:

project scheduling;

assigning staff;

allocating resources;

assessing risk and its management;

coordinating the various components which contribute to the program and/or project(s) as a whole to ensure they are being delivered on time; ensuring that deadlines are met;

updating staff and keeping all stakeholders in the program and/or project(s) informed of progress and any issues which may arise.

Support the Program Manager on contract operations.

May be called upon by Program Manager to organize, direct, and coordinate the planning and production of contract activities, projects and support activities, including those of subcontractors.

May oversee the development of or develops work breakdown structures, charts, tables, graphs, major milestone calendars and diagrams to assist in analyzing problems and making recommendations.

J.	Demonstrates excellent written and verbal communications skills.

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Information Systems, Business or other related discipline. Current Project management certification is required.

General Experience: The proposed candidate must have at least ten (8) years of experience in program or project management.

Project Control Specialist

Position Description: The project Control Specialist monitors financial and/or administrative aspects of assigned Contracts and deliverables. This individual tracks and validates all client financial information, establishes and maintains master Contract files, prepares and monitors status of all deliverables, and tracks the value of Contracts. This individual uses the automated systems to track deliverables, financial transactions, and management information.

Education: This position requires a High School Diploma or the equivalent. Bachelor’s degree

General Experience: The proposed candidate must have at least three (3) years of experience working with monitoring systems. This individual must be familiar with manpower and resource planning, preparing financial reports and presentations, and cost reporting Contract guidelines.

Specialized Experience: The proposed candidate must have experience in the preparation and analysis of financial statements, and development of project schedules, using cost-accounting and labor-reporting systems, with a working knowledge of Contract and subcontract management. This individual must be proficient in the use of spreadsheets and project management tools.

Project Manager, Deputy

Position Description: The Deputy Project Manager reports to the Program Manager. The Deputy Project Manager is assigned the management of a specific project and the work performed under assigned Task Orders including process management, change management, document management, and contract management. Tasks performed by the Deputy Project Manager include:

Performs day-to-day management of the project, identifies issues and risks and recommends possible issue and risk mitigation strategies associated with the project.

Acts as a facilitator between a State agency and IT contractor. Is responsible for ensuring that work performed under TOs is within scope, consistent with requirements, and delivered on time and on budget. Identifies critical paths, tasks, dates, testing, and acceptance criteria.

Provides solutions to improve efficiency (e.g., reduce costs while maintaining or improving performance levels).

Monitors issues and provides resolutions for up-to-date status reports. Demonstrates excellent writing and oral communications skills.

Education: This position requires a degree from an accredited college or university with a major in Engineering, Computer Science, Information Systems, Business or other related discipline. (Note: A master’s degree or project management certification is preferred.)

General Experience: The proposed candidate must have at least five (5) years of experience in project management.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in managing IT related projects and must demonstrate a leadership role in at least three (3) successful projects that were delivered on time and on budget.

Project Manager, Functional

Position Description: The Functional Project Manager performs day-to-day management of activities pertaining to the functional deliverables of the project. This individual is responsible for performing the following Position Description:

Facilitating State agency and Master Contractor discussions / meetings

Identifying issues and risks, and recommending possible issue and risk mitigation strategies

Identifying critical paths, tasks, dates, testing, and acceptance criteria

Ensuring that performance is within scope, consistent with requirements, and delivered on time and within budget

Providing solutions to improve efficiency (e.g., reducing costs while maintaining or improving performance levels)

Monitoring issues and providing resolutions for up-to-date status reports

Demonstrating excellent writing and oral communications skills

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Information Systems, Business or a related discipline. Candidates must possess a PMP certification from the PMI.

General Experience: The proposed candidate must have at least five (5) years of experience in project management.

Specialized Experience: The proposed candidate must have at least five (5) years of experience managing IT related projects. This individual must have experience in a leadership role for at least three (3) successful projects that were delivered on time and within budget, including a project similar in size to the State of Maryland enterprise-wide implementation. In addition, he/she must have at least three (3) years of experience in managing projects with an organizational change management component that involve working with stakeholder groups across the organization. The candidate must possess at least five (5) years of experience using PMI's PMBoK methodologies and artifacts.

Project Manager, Technical

Position Description: The Technical Project Manager performs day-to-day management of activities pertaining to the non-functional technical deliverables of the project. This individual is responsible for performing the following Position Description:

Identifying issues and risks, and recommending possible issue and risk mitigation strategies

Facilitating State agency and Master Contractor discussions / meetings

Ensuring that performance is within scope, consistent with requirements, and delivered on time and within budget

Identifying critical paths, tasks, dates, testing, and acceptance criteria

Forming the strategy and roadmap for operating systems platform and architecture

Influencing the business and development teams on future architecture

Works with other IT and business teams for technology impacts across the enterprise and formulates strategy.

Providing solutions to improve efficiency (e.g., reducing costs while maintaining or improving performance levels)

Mentoring architects, developers, and analysts of all levels in industry best practices, procedures, and concepts

J.	Monitoring issues and providing resolutions for up-to-date status reports

K.	Demonstrating excellent writing and oral communications skills

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Information Systems, Business or a related discipline. Candidates must possess a Project Management Professional (PMP) certification from PMI. Information Technology Infrastructure Library (ITIL) certification is required.

General Experience: The proposed candidate must have at least five (5) years of experience in project management.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in managing IT related projects. This individual must have experience in a leadership role for at least three (3) successful projects that were delivered on time and within budget, including a project similar in size to the State of Maryland enterprise-wide implementation. This individual must have at least five (5) years of experience in designing Enterprise Architecture (i.e. Infrastructure, Technology, and Application) for integrated applications for an organization of equal or greater size. The candidate must have at least three (3) years of experience in managing projects with an organizational change management component that involve working with stakeholder groups across the organization. In addition, he/she must possess at least five (5) years of experience using PMI's PMBoK methodologies and artifacts.

Quality Assurance Consultant (Senior)

Position Description: The Quality Assurance Consultant provides quality management for information systems using the standard methodologies, techniques, and metrics for assuring product quality and key activities in quality management. This individual is responsible for performing the following tasks:

Establishing capable processes, monitoring and control of critical processes and product mechanisms for feedback of performance, implementing effective root cause analysis and corrective action system, and continuous process improvement

Providing strategic quality plans in targeted areas of the organization

Providing QA strategies to ensure continuous production of products consistent with established industry standards, government regulations, and customer requirements

Developing and implementing life cycle and QA methodologies and educating, and implementing QA metrics

Education: This position requires a Bachelor’s degree from an accredited college or university in Engineering, Computer Science, Information Systems or a related discipline.

General Experience: The proposed candidate must have at least eight (8) years of information systems quality assurance experience.

Specialized Experience: The proposed candidate must have at least five (5) years of experience working with statistical methods and quality standards. This individual must have a working QA/process knowledge, and possess superior written and verbal communication skills.

Quality Assurance, Manager

Position Description: The Quality Assurance Manager must be capable of maintaining and establishing a process for evaluating software and associated documentation. The individual in this position performs the following tasks:

Determine the resources required for quality control.

Maintain the level of quality throughout the software life cycle.

Develops software quality assurance plans.

Conducts formal and informal reviews at predetermined points throughout the development life cycle.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience in quality assurance and quality control.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in verification and validation, software testing and integration, software metrics, and their application to software quality assessment.

Quality Assurance Specialist

Position Description: The Quality Assurance Specialist determines the resources required for quality control. This individual is responsible for performing the following tasks:

Maintaining the level of quality throughout the software life cycle

Developing software quality assurance plans

Maintaining and establishing a process for evaluating software and associated documentation

Participating in formal and informal reviews at predetermined points throughout the development life cycle to determine quality

Examining and evaluating the software quality assurance (SQA) process and recommending enhancements and modifications

Developing quality standards

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline.

General Experience: The proposed candidate must have at least five (5) years of experience working with quality control methods and tools.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in verification and validation, software testing and integration, software metrics, application to software quality assessment, and a demonstrated knowledge of system and project life cycles.

Research Analyst

Position Description: The Research Analyst must analyze existing and potential product and service information, prospective customers, and markets. This individual must collate information into meaningful reports and presentation material. This individual must also maintain any technical information in a systems library.

Education: This position requires a High School Diploma or Associate’s Degree in Business, or related field. Bachelor’s degree (Note: A Bachelor’s degree is preferred.)

General Experience: The proposed candidate must have at least one (1) year of work experience in a business environment.

Specialized Experience: The proposed candidate must have at least one (1) year of demonstrated experience word processing, using electronic spreadsheets, and other administrative software products. The candidate must also have general knowledge of governmental documents and procedures.

Risk Assessment Consultant (Senior)

Position Description: The Risk Assessment Consultant (Senior) manages the identification and reporting on risk assessments and updates evaluations in order to determine and forecast operational needs and changes. This position performs the following tasks:

Provides presentations on reporting and operational enhancements and metrics with special focus on variance analysis. Establish risk management policies and procedures, and guidelines on risk limits.

Provides fraud expertise on services to internal and external customers.

Develops system enhancements and meaningful reporting and operational management reporting tools and web-based tools and programs to manage, prevent, and mitigate risks.

Identifies problems and recommends solutions to risk assessments.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least ten (10) years of risk assessment experience.

Specialized Experience: The proposed candidate must have at least six (6) years of experience in IT risk assessment.

Software Engineer

Position Description: The Software Engineer reviews and analyzes system specifications. Other tasks performed by this position:

Prepares programming specifications.

Analyzes existing systems/subsystems for reusability benefits and needed changes. Prepares design plans and written analyses.

Prepares unit and test scripts.

Prepares documentation.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. Three (3) years of equivalent experience in a related field may be substituted for the Bachelor’s degree.

General Experience: The proposed candidate must have at three (3) years of experience as a software engineer.

Specialized Experience: The proposed candidate must have at least two (2) years of experience working with Ada, SQL, or third/fourth generation languages in the design and implementation of systems and one (1) year working with Database Management Systems (DBMS).

Systems Administrator

Position Description: The Systems Administrator monitors and coordinates all data system operations including security procedures and liaison with end users. This individual is responsible for performing the following tasks:

Ensuring that necessary system backups are performed, and storage and rotation of backups are accomplished

Monitoring and maintaining records of system performance and capacity to arrange vendor services, or other actions for reconfiguration, and anticipating requirements for system expansion

Assisting managers to monitor and comply with State data security requirements

Coordinating software development, user training, network management and minor installation and repair of equipment

Education: This position requires an Associate’s degree from an accredited college or university in Computer Science, Information Systems, Business or a related technical discipline. A Bachelor’s degree in one of the above disciplines is equal to one (1) year of specialized and two (2) years of general experience. An additional year of specialized experience may be substituted for the required education.

General Experience: The proposed candidate must have at least two (2) years of experience in a computer-related field.

Specialized Experience: The proposed candidate must have at least one (1) year of experience administering multi user, shared processor systems and data communications networks.

Systems Analyst (Senior)

Position Description: The Systems Analyst (Senior) serves as a computer systems expert on assignments that typically involve establishing automated systems with concern to overall life cycle structure. The position shall conduct feasibility studies from design, implementation and post-implementation evaluation from a number of possible approaches. Design criteria must be established to accommodate changes in legislation, mission, or functional program requirements.

Education: This position requires a Bachelor’s degree from an accredited college or university in Computer Science, Systems Analysis, Information Systems or a related field. (Note: A Master’s degree in a related field of information technology is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in information technology systems analysis.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in the design of business applications on complex IT systems. This position requires a broad knowledge of data sources, data flow, system interactions, advanced computer equipment and software applications, and advanced systems design techniques to develop solutions to unyielding complex problems and to advise officials on systems design and IT forecasts.

Systems Architect (Senior)

Position Description: The Systems Architect (Senior) is responsible for developing business, data, systems, and infrastructure models to develop enterprise architectures. His/her responsibilities include performing the following tasks:

Developing plans for migrating architectures

Developing technical reference models to include hardware/software standards

Engineering integrated hardware and software solutions to meet mission requirements

Education: This position requires a Bachelor’s degree from an accredited college or university in Computer Science, Information Systems or a related field; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree in Information Technology is a plus.)

General Experience: The proposed candidate must have experience performing architecture related work on at least five IT systems.

Specialized Experience: The proposed candidate must have experience performing a significant role in all aspects of architecture related work on at least two large IT systems.

Systems Design Architect

Position Description: The Systems Design Architect shall lead the team in developing application, development, network, and technical architectures for mid-range client/server and mainframe applications. This individual is responsible for gathering and defining the architecture requirements, and for ensuring that the architectures are compatible and in compliance with the appropriate IT organization and project standards.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience planning, designing, building, and implementing mid-range IT systems.

Specialized Experience: The proposed candidate must have at least four (4) years of experience developing application, development, network, and technical architectures for mid-range client/server and mainframe applications. This individual must have demonstrated ability to develop and execute architecture strategies, and to perform feasibility studies and integration analyses. This individual must be experienced in supervising and providing guidance in implementing various mid-range architectures, and supporting implementation of large-scale applications.

Systems Design Engineer

Position Description: The Systems Design Engineer must be able to perform design of information systems, including the design of the application architecture, database, and interfaces. This position is responsible for gathering and analyzing user requirements and translating them into system designs.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience planning, designing, building, and implementing IT systems. Familiar with Capability Maturity Model compliant structured methodology.

Specialized Experience: The proposed candidate must have at least four (4) years of experience analyzing user requirements and translating them into system designs using various design tools and techniques. The proposed candidate must have demonstrated the ability to develop and execute system designs, ensure implementation of repeatable processes, and ensure compliance with Capability Maturity Model (CMM) methodology.

Systems Engineer

Position Description: The Systems Engineer shall be responsible for analyzing information requirements. This individual will evaluate system problems of workflow, organization, and planning. This individual shall also develop appropriate corrective action.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least three (3) years of experience in systems engineering.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in demonstrated use of interactive, interpretative systems with on-line, real-time acquisition capabilities.

Systems Engineer (Senior)

Position Description: The Senior Systems Engineer must be able to analyze information requirements, evaluate problems in workflow, organization, and planning. The individual in this role develops appropriate corrective action and provides daily supervision and direction to staff.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience in systems engineering.

Specialized Experience: The proposed candidate must have at least least three (3) years of experience in the supervision of system engineers, and demonstrated use of interactive, interpretative systems with on-line, real-time acquisition capabilities.

Security, Data Specialist

Position Description: The Security Data Specialist is responsible for the planning, design, implementation and monitoring of security measures, policies, methods and procedures which safeguard the integrity of and access to enterprise systems, files and data elements. This position performs the following tasks:

Responsible for acting on security violations. Maintains knowledge of changing technologies, and provides recommendations for adaptation of new technologies or policies.

Recognizes and identifies potential areas where existing data security policies and procedures require change, or where new ones need to be developed, especially regarding future business expansion.

Provides management with risk assessments and security briefings to advise them of critical issues that may affect customer, or corporate security objectives.

Education: This position requires a Bachelor’s Degree in Computer Science, Information Systems, or equivalent work experience.

General Experience: The proposed candidate must have at least four (4) years of IT work experience in data security.

Specialized Experience: The proposed candidate must have worked independently or as part of a team under general supervision and coached more junior technical staff.

Subject Matter Expert

Position Description: The Subject Matter Expert defines the problems and analyzes and develops plans and requirements in the subject matter area for moderately complex-to-complex systems. This position performs the following tasks: Coordinates and manages the preparation of analysis, evaluations, and recommendations for proper implementation of programs and systems specifications including, but not limited to: information technology, health care, education, public safety, social services, human resources, transportation, and environment.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of experience in the IT field.

Specialized Experience: The proposed candidate must have at least five (5) years of combined new and related older technical experience in the IT field directly related to the required area of expertise.

Subject Matter Expert (Senior)

Position Description: The Subject Matter Expert (Senior) defines requirements, performs analyses, and develops plans and requirements for systems. The area of expertise may be related to a specific discipline required by the State agency including, but not limited to: information technology, health care, education, public safety, social services, human resources, transportation, and environment. Requires expertise in the formulation of specifications and in the execution of technical initiatives in vertical areas.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in the specific discipline required by the State. (Note: A Master’s degree or Ph. D. degree is preferred.)

General Experience: The proposed candidate must have at least twelve (12) years of relevant industry experience in the discipline is required.

Specialized Experience: The proposed candidate must have at least ten (10) years of combined new and related older technical experience in the IT field directly related to the required area of expertise.

Systems Security Specialist

Position Description: The Systems Security Specialist provides expert-level advice, analysis, and functional expertise to tasks. The person in this role demonstrates exceptional oral and written communication skills. This role is responsible for reviewing requirements and task documentation for accuracy and applicability.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline.

General Experience: The proposed candidate must have at least twelve (12) years of experience in system security.

Specialized Experience: The proposed candidate must have at least seven (7) years of highly specialized experience in one or more information, computer, or network security disciplines. These disciplines could include penetration testing, intrusion detection and audit analysis, public key infrastructure, cryptography, strong authentication, risk analysis, and multilevel security.

Systems Security Specialist (Senior)

Position Description: The Systems Security Specialist (Senior) analyzes and defines security requirements for Multilevel Security (MLS) issues. This position also requires the performing the following tasks:

Designs, develops, engineers, and implements solutions to MLS requirements. Responsible for the implementation and development of the MLS.

Gathers and organizes technical information about an organization’s mission goals and needs, existing security products, and ongoing programs in the MLS arena.

Performs risk analyses, which also include risk assessment.

Provides daily supervision and direction to staff.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or other related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in analysis and definition of security requirements.

Specialized Experience: The proposed candidate must have at least five (5) years of specialized experience in defining computer security requirements for high-level applications, evaluation of approved security product capabilities, and developing solutions to MLS problems.

Technical Writer/Editor

Position Description: The Technical Writer/Editor assists in collecting and organizing information for the preparation of user manuals, training materials, installation guides, proposals, and reports. This individual is responsible for performing the following tasks:

Editing functional descriptions, system specifications, user manuals, special reports, or any other customer deliverables or document

Conducting research and ensuring the use of proper technical terminology

Translating technical information into clear, readable documents to be used by technical and non-technical personnel

Using the standard help compiler to prepare all on-line documentation (for applications built to run in a Windows environment)

Assisting in performing financial and administrative functions

Education: This position requires an Associate’s Degree in related field. (Note: A Bachelor’s degree is preferred.)

General Experience: The proposed candidate must have at least five (5) years of experience in this area and must demonstrate the ability to work independently, or under only general direction.

Specialized Experience: The proposed candidate must have at least two (2) years of experience in preparing and editing documents, including technical documents. This individual must also be able to conduct research for applicable standards.

Testing Specialist

Position Description: The Testing Specialist shall design and execute IT software tests, and evaluate results to ensure compliance with applicable regulations. This individual prepares test scripts and all required test documentation, and must be able to design and prepare all needed test data. The Testing Specialist analyzes internal security within systems, reviews test results, and evaluates for conformance to design.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in computer science, information systems, engineering, business, or a related scientific or technical discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least four (4) years of experience in computer software development.

Specialized Experience: The proposed candidate must have at least two (2) years of software testing experience (integration and acceptance).

Training Specialist/Instructor

Position Description: The Training Specialist/Instructor conducts the research necessary to develop and revise training courses, and prepares appropriate training catalogs. This individual shall prepare all instructor materials (course outline, background material, and training aids) and student materials (course manuals, workbooks, handouts, completion certificates, and course critique forms). This individual is responsible for training personnel by conducting formal classroom courses, workshops, and seminars.

Education: This position requires a Bachelor’s degree from an accredited college or university with a major in Education/Training in the areas of computer science, information systems, engineering, business, or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least four (3) years of experience in information systems development, training, or related fields.

Specialized Experience: The proposed candidate must have at least two (2) years of experience in developing and providing IT and end user training on computer hardware and application software.

Appendix <<laborResumeAppendixNumber>>. Labor Classification Personnel Resume Summary

**If a Resume Form is not required, delete the content under this heading and all forms. Make sure this attachment is referenced in one of the RFP documents. **

This solicitation does not require a Labor Classification and Personnel Resume Form.

**If a Resume Form is required, tailor the instructions and form below. Assign the Appendix Number. If you perform a find and replace on <<laborResumeAppendixNumber>>, all boilerplate in the RFP that references this Appendix will also be updated. **

INSTRUCTIONS:

1.	For each person proposed, complete one Labor Category Personnel Resume Summary to document how the proposed person meets each of the minimum requirements.

For example: If you propose John Smith, who is your subcontractor, and you believe he meets the requirements of the Group Facilitator, you will complete the top section of the form by entering John Smith’s name and the subcontractor’s company name. You will then complete the right side of the Group Facilitator form documenting how the individual meets each of the requirements. Where there is a time requirement such as three months’ experience, you must provide the dates from and to showing an amount of time that equals or exceeds mandatory time requirement; in this case, three months.

2.	Additional information may be attached to each Labor Category Personnel Resume Summary that may assist a full and complete understanding of the individual being proposed.

Labor Classification Personnel Resume Summary

RFP # <<solicitationNumber>>

Instructions: Enter resume information in the fields below; do not submit other resume formats. Submit one resume for each proposed resource
Candidate Name:
Contractor:	(offerorCompanyName)

Education / Training

Institution Name / City / State	Degree / Certification	Year Completed	Field Of Study
<add lines as needed>

Relevant Work Experience

Describe work experience relevant to the Duties / Responsibilities and Minimum Qualifications described in the RFP. Starts with the most recent experience first; do not include non-relevant experience.

[Organization] [Title / Role] [Period of Employment / Work] [Location] [Contact Person (Optional if current employer)]	Description of Work…
[Organization] [Title / Role] [Period of Employment / Work] [Location] [Contact Person]	Description of Work…
<add lines as needed>

Employment History

List employment history, starting with the most recent employment first

Start and End Dates	Job Title or Position	Organization Name	Reason for Leaving
<add lines as needed>

Personnel Resume Summary (Continued)

*“Candidate Relevant Experience” section must be filled out. Do not enter “see resume” as a response.

References

List persons the State may contact as employment references

Reference Name	Job Title or Position	Organization Name	Telephone / E-mail
<add lines as needed>

**Authors: Update the Section Numbers on the left side of table**

Proposed Individual’s Name/Company Name:	How does the proposed individual meet each requirement?
LABOR CATEGORY TITLE:	Offeror to Enter the Labor Category Name
Requirement (See Section <<2.5.4)>>	Candidate Relevant Experience *
Education: [Insert the education description from Section <<x.x>>for the applicable labor category]	Education:
Experience: [Insert the experience description from Section <<x.x>>for the applicable labor category]	Experience:
Duties: [Insert the duties description from Section <<x.x>>for the applicable labor category]	Duties:

The information provided on this form for this labor category is true and correct to the best of my knowledge:

Contractor Representative:	Proposed Individual:
Signature	Signature
Printed Name:	Printed Name
Date	Date

Sign each Form

Appendix <<Offeror NDA Attachment Number>>. Non-Disclosure Agreement (Offeror)

**If a Non-Disclosure Agreement is not required for reviewing information prior to Proposal submission, delete the content under this heading leaving only the following sentence for this section and delete the rest: **

A Non-Disclosure Agreement (Offeror) is not required for this procurement.

**If a Non-Disclosure Agreement is required for this solicitation, tailor as appropriate the following language for this section. Assign the Appendix Number. If you perform a find and replace on <<Offeror NDA Attachment Number>>, all boilerplate in the RFP that references this Appendix will also be updated. **

This Non-Disclosure Agreement (the “Agreement”) is made this ____day of ___________ 20__, by and between ________________________ (hereinafter referred to as "the OFFEROR ") and the State of Maryland (hereinafter referred to as "the State").

OFFEROR warrants and represents that it intends to submit a Technical Proposal in response to RFP # <<solicitationNumber>> for <<solicitationTitle>>. In order for the OFFEROR to submit a Technical Proposal, it will be necessary for the State to provide the OFFEROR with access to certain confidential information including, but not limited, to <<typeofNonDisclosureInfoOfferor>>. All such information provided by the State shall be considered Confidential Information regardless of the form, format, or media upon which or in which such information is contained or provided, regardless of whether it is oral, written, electronic, or any other form, and regardless of whether the information is marked as “Confidential Information”. As a condition for its receipt and access to the Confidential Information described above, the OFFEROR agrees as follows:

1.	OFFEROR will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any Confidential Information received, except in connection with the preparation of its Technical Proposal.

2.	Each employee or agent of the OFFEROR who receives or has access to the Confidential Information shall execute a copy of this Agreement and the OFFEROR shall provide originals of such executed Agreements to the State. Each employee or agent of the OFFEROR who signs this Agreement shall be subject to the same terms, conditions, requirements and liabilities set forth herein that are applicable to the OFFEROR.

3.	OFFEROR shall return the Confidential Information to the State within five business days of the State’s Notice of recommended award. If the OFFEROR does not submit a Proposal, the OFFEROR shall return the Confidential Information to <<procurementOfficerName>>, <<ISSUINGAGENCYACRONYM>> on or before the due date for Proposals.

4.	OFFEROR acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the State and agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible use of the Confidential Information. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to seek damages for the OFFEROR’S failure to comply with the requirements of this Agreement. The OFFEROR consents to personal jurisdiction in the Maryland State Courts.

5.	In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the OFFEROR or any employee or agent of the OFFEROR to comply with the requirements of this Agreement, OFFEROR and such employees and agents of OFFEROR shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and/or costs.

6.	This Agreement shall be governed by the laws of the State of Maryland.

7.	OFFEROR acknowledges that pursuant to Section 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland, a person may not willfully make a false or fraudulent statement or representation of a material fact in connection with a procurement contract. Persons making such statements are guilty of a felony and on conviction subject to a fine of not more than $20,000 and/or imprisonment not exceeding five (5) years or both. OFFEROR further acknowledges that this Agreement is a statement made in connection with a procurement contract.

8.	The individual signing below warrants and represents that they are fully authorized to bind the OFFEROR to the terms and conditions specified in this Agreement. If signed below by an individual employee or agent of the OFFEROR under Section 2 of this Agreement, such individual acknowledges that a failure to comply with the requirements specified in this Agreement may result in personal liability.

Offeror:
By:
Signature/Seal
Printed Name:
Title: <<signatoryTitle>>
Date:
Address:

Appendix <<performanceBondAppendixNumber>>. Performance Bond

**Performance bonds should be used sparingly for high risk procurements.

If this solicitation does not require a Performance Bond delete the content under this heading and all forms, and enter the following sentence for this Attachment: **

This solicitation does not require a Performance Bond.

**If this solicitation does require a Performance Bond, tailor the language in the Attachment. Assign the Appendix Number. If you perform a find and replace on <<performanceBondAppendixNumber>>, all boilerplate in the RFP that references this Appendix will also be updated. **

Note: a Performance Bond must be submitted not later than the date of contract execution**

<<performanceBondAppendixNumber>>-1 Performance Bond

PERFORMANCE BOND

Principal	Business Address of Principal
Surety A corporation of the State of and authorized to do business in the State of Maryland	Obligee STATE OF MARYLAND By and though the following Administration
Penal Sum of Bond (express in words and figures) Description of Contract: <<solicitationTitle>> Contract Number: <<solicitationNumber>>	Date of Contract , 20__ Date Bond Executed , 20__

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal named above and Surety named above, are held and firmly bound unto the Obligee named above in the Penal Sum of this Performance Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these presents. However, where Surety is composed of corporations acting as co-sureties, we the co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum.

WHEREAS, Principal has entered into or will enter into a contract with the State of Maryland, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred as "the Contract."

WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW, THEREFORE, during the original term of said Contract, during any extensions thereto that may be granted by the Administration, and during the guarantee and warranty period, if any, required under the Contract, unless otherwise stated therein, this Performance Bond shall remain in full force and effect unless and until the following terms and conditions are met:

1. Principal shall well and truly perform the Contract; and

2. Principal and Surety shall comply with the terms and conditions in this Performance Bond.

Whenever Principal shall be declared by the Administration to be in default under the Contract, the Surety may, within 15 days after notice of default from the Administration, notify the Administration of its election to either promptly proceed to remedy the default or promptly proceed to complete the contract in accordance with and subject to its terms and conditions. In the event the Surety does not elect to exercise either of the above stated options, then the Administration thereupon shall have the remaining contract work completed, Surety to remain liable hereunder for all expenses of completion up to but not exceeding the penal sum stated above.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Performance Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

This Performance Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety heading below.

IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Performance Bond. If any individual is a signatory under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture have signed below, each member has set forth below the name of the partnership or joint venture, and each member has set forth below his or her title as a general partner, limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution of power of attorney authorizing such action, and each such duly authorized representative to sign below and set forth below his or her title as a representative of the corporation. If any individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness. All of the above has been done as of the Date of Bond shown above.

Individual Principal
In Presence of: Witness	(Name)
as to	(SEAL)
Co-Partnership Principal
In Presence of: Witness	(Name of Co-Partnership)
as to	(SEAL)
Partner
as to	(SEAL)
Partner
as to	(SEAL)
Partner
Corporate Principal
Attest:	(Name of Corporation) AFFIX CORPORATE SEAL
By:
Corporate Secretary	President
Attest:
Signature	(Individual or Corporate Surety)
Bonding Agent’s Name:	By:
SEAL
Agent’s Address:	Title:
(Business Address of Surety)
Approved as to form and legal sufficiency this ____ day of _____ 20___
Assistant Attorney General

Appendix <<paymentBondAppendixNumber>>. Payment Bond

**If this solicitation does not require a Payment Bond delete the content under this heading and all forms, and enter the following sentence for this Attachment: **

This solicitation does not require a Payment Bond.

**If this solicitation does require a Payment Bond, tailor the language in the Attachment. Assign the Appendix Number. If you perform a find and replace on <<paymentBondAppendixNumber>>, all boilerplate in the RFP that references this Appendix will also be updated. **

<<paymentBondAppendixNumber>>-1 PAYMENT BOND

Principal	Business Address of Principal
Surety A corporation of the State of and authorized to do business in the State of Maryland	Obligee STATE OF MARYLAND By and though the following Administration
Penal Sum of Bond (express in words and figures): Description of Contract: <<solicitationTitle>> Contract Number: <<solicitationNumber>>	Date of Contract , 20__ Date Bond Executed , 20__

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, being authorized to do business in Maryland, and having business address as shown above, are held and firmly bound unto the Obligee named above, for the use and benefit of claimants as hereinafter defined, in the Penal Sum of this Payment Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum.

WHEREAS, Principal has entered into or will enter into a contract with the State, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred to as the "Contract".

WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials furnished, supplied and reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:

1. A claimant is defined to be any and all of those persons supplying labor and materials (including lessors of the equipment to the extent of the fair market value thereof) to the Principal or its subcontractors and subcontractors in the prosecution of the work provided for in the Contract, entitled to the protection provided by Section 9-113 of the Real Property Article of the Annotated Code of Maryland, as from time to time amended.

2. The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been in full may, pursuant to and when in compliance with the provisions of the aforesaid Section 9-113, sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Payment Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

This Payment Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety heading below.

IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Payment Bond. If any individual is a signatory under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture have signed below, each member has set forth below the name of the partnership or joint venture, and each member has set forth below his or her title as a general partner, limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution of power of attorney authorizing such action, and each such duly authorized representative to sign below and set forth below his or her title as a representative of the corporation. If any individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness. All of the above has been done as of the Date of Bond shown above.

Individual Principal
In Presence of: Witness	(Name)
as to	(SEAL)
Co-Partnership Principal
In Presence of: Witness	(Name of Co-Partnership)
as to	(SEAL)
Partner
as to	(SEAL)
Partner
as to	(SEAL)
Partner
Corporate Principal
Attest:	(Name of Corporation) AFFIX CORPORATE SEAL
By:
Corporate Secretary	President
Attest:
Signature	(Individual or Corporate Surety)
Bonding Agent’s Name:	By:
SEAL
Agent’s Address:	Title:
(Business Address of Surety)
Approved as to form and legal sufficiency this ____ day of _____ 20___
Assistant Attorney General

Appendix <<proposalBidBondAppendixNumber>>. Proposal/Bid Bond

**If a Proposal/Bid Bond is not required delete the content under this heading and the form, leaving only the following sentence for this Attachment: **

A Proposal/Bid Bond is not required.

**If a Proposal/Bid Bond is required, enter the following language for this Attachment. Assign the Appendix Number. If you perform a find and replace on <<proposalBidBondAppendixNumber>>, all boilerplate in the RFP that references this Appendix will also be updated. **

**Important Note to Authors: The bond format in the attachment is as specified in COMAR. IT Is DoIT’s guidance for agencies to NOT UTILIZE A BOND FORM OTHER THAN THE ONE IN THIS Exhibit. Contractors often send their own a bond form - DoIT strongly recommends not accepting these forms because often these contractor-supplied forms contain additional terms.**

Bond No. ___________

We, ___________ as Principal, hereinafter called the Principal, and ________________, a corporation duly organized under the laws of the State of _____________, as Surety, hereinafter called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called "State", for the sum of ________ for the payment of which sum, the Principal and the Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for (Identify project by number and brief description):

NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified therein for acceptance (ninety (90) days, if no period is specified), shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the State the difference not to exceed the penalty hereof between the amount specified in Principal's bid and such larger amount for which the State may in good faith contract with another party to perform the work covered by said bid, then the above obligation shall be void and of no effect.

The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the State, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the bid.

Individual Principal
In Presence of: Witness	(Name)
as to	(SEAL)
Partnership Principal
In Presence of: Witness	(Name)
as to	(SEAL)
Partner
as to	(SEAL)
Partner
as to	(SEAL)
Partner
Corporate Principal
Attest:	(Name of Corporation) AFFIX SEAL
By:
Secretary	President
Attest:	(Surety)
By:
Attorney-in-fact AFFIX SEAL
Bonding Agent’s Name
Agent’s Address:
Approved as to form and legal sufficiency this ____ day of _____ 20___
Assistant Attorney General