02.11.26 Final RFP Automated and Prepaid Parking.pdf

MPA OFFICE OF PROCUREMENT

REQUEST FOR PROPOSALS (RFP)

AUTOMATED AND PREPAID PARKING FOR THE CRUISE TERMINAL

RFP NUMBER 226017-S

ISSUE DATE: FEBRUARY 11, 2026

NOTICE TO OFFERORS

Prospective Offerors who have received this document from a source other than eMaryland Marketplace Advantage (eMMA) should register on eMMA at emma.maryland.gov. In the event it becomes necessary to revise any part of the RFP, or if additional information is required to enable potential Offerors to interpret the provisions of the RFP, an amendment will be issued by the Procurement Officer and posted on eMMA. PROSPECTIVE OFFERORS SHOULD REVIEW eMMA PERIODICALLY TO

DETERMINE WHETHER OR NOT THE MPA HAS ISSUED AN AMENDMENT TO THIS RFP.

The MPA is not responsible for notifying Offerors of amendments to the RFP other than by posting them on eMMA.

The sole point of contact in the State for purposes of the RFP is the Procurement Officer.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Automated and Prepaid Parking at the Cruise Terminal Solicitation No.: 226017-S RFP Document

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NO PROPOSAL NOTICE/VENDOR FEEDBACK FORM

To help MPA improve the quality of its solicitations, and to make the procurement process more responsive and business friendly, please 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 this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet for contact information).

Title: Automated and Prepaid Parking at the Cruise Terminal Solicitation No.: 226017-S

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/services 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: ______________________________________________________________________

Email Address: ________________________________________________________________

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MARYLAND PORT ADMINISTRATION

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services – Automated and Prepaid Parking at the Cruise Terminal

Solicitation Number: 226017-S

RFP Issue Date: February 11, 2026

RFP Issuing Office: Maryland Port Administration (MPA)

Procurement Officer: Michael Keegan 401 E. Pratt Street, Suite 1100, Baltimore, MD 21202

Email:

Office Phone:

mkeegan@marylandports.com 410-385-4845

Proposals are to be sent to: mkeegan@marylandports.com

Site Visit: February 18, 2026 at 2pm Eastern Time in the MPA Cruise Terminal at 2001 E McComas St, Baltimore, MD 21230

Pre-Proposal Meeting: February 18, 2026 at 1pm Eastern Time in the MPA Cruise Terminal at 2001 E McComas St, Baltimore, MD 21230

Questions Due Date and Time February 20, 2026 by 2pm Eastern Time

Proposal Due (Closing) Date and Time:

March 4 2026 by 2pm Eastern Time Offerors are reminded that a completed No Proposal Notice/Vendor Feedback Form is requested if you are not submitting a proposal for this solicitation with your reasons why.

Passwords for Technical Proposals Due Date and Time:

March 4, 2026 by 3pm Eastern Time

Proposals will be deemed not susceptible for award if password is not received by this deadline.

MBE Subcontracting Goal: 0% with no subgoals.

VSBE Subcontracting Goal: 0%

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

Multiple or Alternate Bids: Multiple or alternate Proposals will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: Three-year base period with one, two-year renewal option.

Primary Place of Performance:

Maryland Port Administration Cruise Terminal 2001 E McComas St, Baltimore, MD 21230

SBR Designation: No

Federal Funding: No mailto:mkeegan@marylandports.com mailto:mkeegan@marylandports.com

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Table of Contents – RFP

1 Minimum Qualifications

1.1 Offeror’s Minimum Qualification

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Not-to-Exceed Value

2.3 Background and Purpose

2.4 Responsibilities and Tasks

2.5 Experience and Personnel

Offerors should have demonstrated experience as detailed below

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Invoicing

3.3 Insurance Requirements

3.4 Prompt Payment Policy

3.5 Conflict of Interest Affidavit and Disclosure

3.6 Non-Disclosure Agreement

3.7 Maryland Healthy Working Families Act Requirements

3.8 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.9 Additional Clauses

4 Procurement Instructions

4.1 Site Visit

4.2 Pre-Proposal Meeting

4.3 eMaryland Marketplace Advantage (eMMA)

4.4 Proposal Due (Closing) Date and Time

4.5 Economy of Preparation

4.6 Award Basis

4.7 Oral Presentation

4.8 Duration of Proposal

4.9 Revisions to the RFP

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4.10 Cancellations

4.11 Incurred Expenses

4.12 Protest/Disputes

4.13 Offeror Responsibilities

4.14 Acceptance of Terms and Conditions

4.15 Bid/Proposal Affidavit

4.16 Contract Affidavit

4.17 Verification of Registration and Tax Payment

4.18 False Statements

4.19 Living Wage Requirements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS

Attachment A. Financial Proposal Instructions & Form A-1 Financial Proposal Instructions A-2 Financial Proposal Form

Attachment B. Bid/Proposal Affidavit

Attachment C. Offeror’s Company Profile and References

Attachment D. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment E. Sample Service Agreement (Contract)

Attachment F. MPA’s Terms and Conditions - Contracts for Services

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Attachment G. Contract Affidavit

Attachment H. Mercury Affidavid

Attachment I. Conflict of Interest Affidavit and Disclosure……………………………………..…78

Attachment J Non-Disclosure Agreement (Contractor)……………………………………..………..79

Attachment K. Contractor’s Environmental Handbook………………..………………..…..………..83

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1 Minimum Qualifications

1.1 Offeror’s Minimum Qualifications

As part of the determination to be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that the following Minimum Qualifications have been met:

1.1.1 The Offeror shall have at least five years of experience in providing parking services to a Cruise Terminal.

1.1.2 The Offeror shall provide at least three references stating the experience, scope, dates of performance, Contract value, and Contract point of contact (contact information, name, email, and telephone number) for contracts of similar volume and scope, within the past ten years.

Required Documentation: As proof of meeting the minimum qualification requirements, the Offeror shall provide with its Proposal Attachment C - Offeror’s Company Profile and References (include three or more references that collectively are able to attest to the Offeror’s experience with contracts of similar volume and scope within the past ten years).

The MPA reserves the right to request additional references or utilize references not provided by the Offeror. Points of contact must be accessible and knowledgeable regarding Offeror’s performance.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Port Administration (MPA) is issuing this Request for Proposals (RFP) in order to procure the services defined in this Section 2, as specified in this RFP and to enter into a Contract with the successful Offeror (the Contractor) for all labor, supervision, materials, equipment, and skills necessary to provide parking services for the MPA Cruise Terminal.

The scope of this RFP may also include the potential addition of geofencing services as an add alternate, subject to MPA’s discretion and the terms of the resulting Contract.

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

2.1.3 The MPA intends to make a single award as a result of the RFP. See RFP Section 4.6 Award Basis for more Contract award information.

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

2.1.5 This Contract shall be performed in accordance with the MPA’s Terms and Conditions – Contracts for Services, attached hereto as Attachment F and incorporated herein by reference.

2.1.6 A Contract award does not ensure a Contractor will receive all or any MPA business under the Contract.

2.1.7 The term of this Contract is for a period of three years from the date of the Notice to Proceed.

The MPA at its sole discretion, reserves the right to renew the Contract for one additional two-year term. The renewal option may be increased by the CPI that is in place at the start date of the option year or by 3%, whichever is less. MPA’s intent to renew may be subject to subsequent approval by the Maryland Port Commission (MPC) and the Board of Public Works

(BPW).

2.2 Not-to-Exceed Value

2.2.1 The Contract will identify a three year not-to-exceed (NTE) value or limit based on MPA’s expected expenditures as calculated using the selected Offeror’s prices, or MPA’s budget under the Contract during its three-year term, whichever MPA chooses. MPA’s liability to the Contractor may not exceed the NTE value of the Contract unless:

A. MPA and the Contractor execute a Contract modification increasing the NTE value;

and

B. The Contract modification has been approved by the MPC and BPW, if required. This Contract covers the provision of services within the general scope or subject matter of the Contract at any and all facilities of the MPA and offices of MPA staff, whether or not specifically identified in this solicitation.

2.3 Background and Purpose

The MPA is seeking proposals from qualified Offerors for the provision of automated and prepaid parking services for the MPA Cruise Terminal. The MPA currently processes credit card transactions at the cruise terminal gate using handheld credit card devices issued by the bank. The handheld devices can print customer receipts. The scope of this RFP may also include the potential addition of geofencing services, as an add alternate, subject to MPA’s discretion and the terms of the resulting Contract.

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The MPA shall have the unilateral right to order, in writing, changes in the work within the scope of the Contract in accordance with the provisions of this RFP. See Section 26 of Attachment F, MPA Terms and Conditions – Contracts for Services.

2.4 Responsibilities and Tasks

The Contractor must perform all services under this Contract in accordance with this RFP and all applicable federal, State, and local statutes and regulations.

The MPA seeks the following functions and capabilities in managing cruise terminal parking. These functions and capabilities shall be managed by an account manager who shall provide support as needed to the MPA, particularly for the initial start up phase of the contract.

2.4.1 Functions and Capabilities

The contractor should provide a proposal outlining their approach to meeting the following functions and capabilities:

Advance and On-Site Reservations

1. The contractor shall provide electronic payment processing for the following payment channels:

a. MPA’s Cruise Website;

b. Mobile/smart phone (device independent responsive design);

2. The system shall associate a unique confirmation number with each transaction;

3. The system shall provide the customer with the capability of cancelling any transaction throughout the payment processing process or updating information after the transaction is complete;

4. The system shall have the cruise dates and number of days auto-populated to ensure customer is paying for the correct number of days for the length of the cruise booked;

5. The system should accept payment methods including credit cards (Visa, Mastercard, and Discover); as well as widely accepted digital wallets (which may include for example:

PayPal, Venmo, Square, Apple Pay, Google Pay, Zelle, etc);

6. The system should return the customer to the MPA website once online payment processing has been completed;

7. The system shall have the capability to process refunds, including in cases where a cruise ship is delayed or diverted; and

8. The contractor shall provide online instructions and frequently asked questions responses to customers, and well as clear contact information for the help desk.

Parking Operations

1. The system shall provide customizable receipt options;

2. The contractor shall provide an on-site parking attendant to assist parkers with transactions on days that a cruise ship is departing;

3. The proposed system must not include any parking gates to expedite traffic flow;

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4. The contractor shall provide and maintain the appropriate number of License Plate Recognition Cameras to provide full coverage of all vehicles entering and exiting the parking facility;

5. The cameras shall have the capability to read the tag at the check-in to match it against valid parking to expedite the operations. The provided system must provide high accuracy under various weather conditions and lighting and the system must include alternate procedures if the tag is mis-read;

6. The proposed system must have the capability to verify valid paid parking, during the entire parking period using identifiers such as a vehicle tag number;

7. The contractor shall provide the available options for the MPA if the parker does not pay;

8. The system shall be able to handle situations where the customer needs to adjust the plate number, including on site (for situations such as arriving in a different car or a rental car);

9. The proposed system must have the capability to show the overall available parking capacity and a feature to add more spaces; including in situations where a cruise ship is delayed in either departing or returning;

10. Parking staff shall have company uniforms and be provided with high-visibility safety vests, safety boots, and headgear;

11. The system must include procedures for the MPA to designate free parking for individuals such as MPA staff and visiting travel agents;

12. The contractor shall provide a daily vehicle report, flagging any vehicle that has stayed beyond the timeframe of the cruise booked;

13. The contractor shall provide a documented policy as to how equipment provided will be removed after contract completion and how any minor capital improvements performed by the contractor will be treated;

14. All equipment shall include an extended warranty for the full term of the contract, including the renewal period. Malfunctioning equipment shall be repaired or replaced at the earliest possible time allowed for by supply and delivery options, upon MPA informing the vendor of equipment issues; and

15. The MPA prefers, but does not require the system to provide English and Spanish in both voice and written applications.

Financial Management

1. The system shall provide a confirmation number and bank authorization code to MPA;

2. The system must have a method to prevent duplicate transactions;

3. The system shall validate credit card transactions against the Card Security Code (CSC) assigned to the card to help ensure that the card holder has physical access to the credit card;

4. The system shall have the capability to issue refunds to customers that pay by credit card or digital wallet;

5. The system shall provide the agency with real-time detailed and summary transaction reports;

6. The system shall provide the agency with flexible reporting functionality for research, auditing and reconciliation purposes;

7. The system shall provide the agency with the ability to query payment transactions by service delivery channel and view details on an individual transaction or a group of transactions at any point after the transaction;

8. The system shall provide settlement reports each night for reconciliation;

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9. The system shall provide both daily settlement batch processing and POS;

10. The MPA must have the ability to match a credit card or digital wallet processed to a transaction;

11. The MPA must have access to historical transaction records available for a period of 3 full years plus the current year;

12. The payment processing solution must have the ability to process transactions in excess of the

MPA’s annual volume, which can range from approximately 32,000 to 48,000;

13. The MPA retains the right to audit compliance at any point during the term of the contract;

and

14. The vendor is the merchant of record and will be responsible for depositing funds into MPA’s account on a mutually agreed upon timeframe.

IT Management

1. The contractor shall provide details on database storage either on premises or in the cloud;

saving critical data only as required; ownership of data; data security and protection mechanisms;

2. The contractor shall provide details on the application as services or hosting at the customer site; as well as any applicable data sharing policies;

3. The contractor shall provide details on methods of downloading data; report types and formats available;

4. The contractor shall review in full and agree to adhere to the State’s Information Technology Security Policy (see https://doit.maryland.gov/policies/ci/Pages/IT-Security-Policy.aspx)and applicable federal privacy and security requirements;

5. Logging mechanisms shall be built into the system to provide an audit trail that will be used to identify security violations and investigate reports of fraud;

6. The payment card processing solution shall have a test and QA environment;

7. The contractor shall provide training for accessing the payment engine and reporting functionality;

8. The contractor shall provide role-based access to system;

9. The contractor shall provide details on how the system connects to the internet on site – hard wired, wi-fi, cellular, and any related requirements; and

10. The contractor shall provide details on the response to any system outage, including referencing the Problem Escalation Procedures in section 3.9.5.

Communications and Marketing

1. The contractor shall provide a marketing strategy and marketing materials to promote the new reservation and parking system.

2. The contractor shall provide signage and messaging on the new payment/reservation system and how customers can easily access assistance. This messaging should include specific guidance for less tech-savvy customers;

3. The Contract shall provide a help desk that can provide 24 hour/7 day assistance to both parking customers and MPA staff. Any issues that cannot be resolved immediately should be resolved within 24-48 hours. Any issues raised by MPA that cannot be addressed https://doit.maryland.gov/policies/ci/Pages/IT-Security-Policy.aspx

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4. The contractor shall provide a documented procedure to be followed with all customer comments and complaints, including a timeframe for follow-up.

The following scope may be added in this Contract as an add alternate, at the sole discretion of the MPA. If the Contractor is unable to provide these services, it does not preclude the Contractor from submitting a proposal, but Contractor’s inability should be stated clearly in the Technical Proposal:

Geofencing

1. The contractor shall provide the necessary hardware and software to implement geofencing around the MPA Cruise Terminal, as well as specific zones within this area (such as drop off/pick up). Ideally, this will be integrated with the parking management software.

2. The software must allow the MPA to provide marketing, safety, informational, or parking management updates within the geofenced area.

2.5 Experience

Offerors should have demonstrated experience as detailed below.

2.5.1 Offeror’s Experience

The Offeror shall be capable of furnishing all necessary services required to manage parking operations at the cruise terminal, including one parking attendant for all cruise days as directed by MPA and an account manager serving as a dedicated point of contact for the offeror. The Offeror shall be an established company that has provided similar services as required in this RFP. The following experience is expected and will be evaluated as part of the Technical Proposal (see the Technical Proposal Evaluation Criteria in Section 6.2.):

A. The Offeror shall have at least five years of experience in providing parking services to a Cruise Terminal.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 Invoicing

3.2.1 General

A. Subject to the acceptance by MPA of the services provided, the Contractor may submit an invoice for all appropriate charges for the services provided during the term of this Contract.

MPA is solely responsible for accepting services provided under this Contract and no obligation to pay shall arise until said services are accepted by MPA. All such charges shall be derived in accordance with prices originally proposed on the Financial Proposal Form. The Contractor shall email the original of each invoice to MPA Accounts Payable at the email address: mpainvoices@marylandports.com or mail to: MPA Accounts Payable, 401 East Pratt Street, Suite 1100, Baltimore, MD 21202.

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

C. An invoice for services that are incomplete or that the MPA has not accepted will not be processed for payment. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor’s name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) MPA assigned Contract number and/or MPA assigned (Blanket) Purchase Order number;

8) A detailed description of the services provided;

9) Amount due; and

10) Any additional documentation required by regulation or the Contract.

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

E. The MPA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MPA with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract; the reduced or withheld payments shall continue until such time as the Contractor brings itself into full compliance with the Contract.

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F. Any action on the part of the MPA, 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.

G. The MPA 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.

H. 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.

3.3 Insurance Requirements

The requiring of any and all insurance as set forth in these specifications, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract Documents.

No acceptance and/or approval of any insurance by the Maryland Port Administration (MPA), and/or the Engineer, shall be construed as relieving or excusing the Contractor, or the Surety of his Bonds, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

The Contractor shall at all times during the term of this Contract, and until it has received Notice of Final Acceptance by the MPA, or the Engineer, maintain in full force and effect the polices of insurance required by this Section. The Contractor shall provide the MPA with evidence that the required insurance has been obtained. Insurance companies must be rated A- VIII or better by AM Best and should be lawfully authorized to do business in the State of Maryland or in the jurisdiction where the work is being performed. The Contractor shall name the MPA, MDOT and the State of Maryland as additional insureds on each of the policies (except Workers’ Compensation, Builders Risk Insurance and Professional Liability, see section B7) listed in Paragraph B. The commercial general liability additional insured endorsement should include “on-going operations” and “completed operations” coverage for the additional insured and a copy should be attached to the certificate of insurance. The Contractor shall provide certificates of insurance or other evidence that it has complied with this provision before commencement of work under this contract. Certificates shall indicate effective dates and dates of expiration of policies. However, the Contractor, if requested by the MPA, shall provide certified true copies of any and all of the policies of insurance to the MPA.

The Contractor shall not commence work under this contract until all the insurance required under this section has been obtained and approved by the MPA, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and approved. Contractors of every tier should waive (and require their insurers to waive by endorsement) subrogation rights against the State for losses and damages incurred under the insurance policies required by the agreement. Contractors’ general liability and automobile liability insurance should be endorsed to include MPA, MDOT, and the State of Maryland as additional insureds and provide that such additional insured coverage will be primary and no contributions shall be permitted from any insurance or self-insurance maintained by the MPA, MDOT, or the State of Maryland.

All insurance policies required by this Section, or elsewhere in the Contract Documents, shall be so endorsed as to provide that the insurance carrier will be responsible for giving immediate and positive notice to the MPA in the event of cancellation or modification of the insurance policy by either the insurance carrier or the Contractor, at least sixty (60) days prior to any such cancellation or modification.

A copy of the endorsement for each insurance policy shall be submitted to the MPA before any work under this Contract commences.

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The Contractor shall purchase and maintain during the life of this Contract:

A. Workers' Compensation

Workers' Compensation insurance as required by the laws for the State of Maryland, which shall include Employer's Liability coverage for each accident, disease policy limit, and disease – each employee.

B. Liability Insurance

Occurrence forms of commercial general liability insurance covering the full scope of this agreement with limits not less than $2,000,000 each occurrence limit for bodily injury/property damage, $4,000,000 general aggregate limit per project, $300,000 for Damage to Rented Premises, and $10,000 medical payments to others. The commercial general liability coverage should include blanket contractual liability covering indemnity obligations. Such insurance shall include but shall not be limited to, the following:

1. Commercial general liability insurance including and covering: a) premises and operations liability, b) products and completed operations liability, c) independent Contractors, d) blanket contractual liability, e) employees as additional insureds, f) notice of occurrence,

g) knowledge of occurrence by specified official, h) unintentional errors and omissions, i) bodily injury or property damage for contamination by pollutants arising from the completed work, k) extended definition of bodily injury, l) personal and advertising injury coverage (hazards A and B) with no exclusions for liability assumed contractually or injury sustained by employees of Contractor, m) coverage for damage to property of the MPA, as well as other third parties resulting from negligence in the completion of the Contractor's services.

2. Automobile liability insurance. Coverage use of any company owned motor vehicle to be used in conjunction with this contract, including owned, hired automobiles and non-owned automobiles with limits not less than $1,000,000 combined single limit.

C. Umbrella Liability Insurance

Contractor shall also purchase and maintain an occurrence "umbrella" form of excess liability insurance containing coverage in excess of the underlying policies specified above. The required primary insurance shall be listed as underlying coverage in the first layer umbrella policy. The umbrella policies shall contain a minimum each occurrence limit and aggregate limit of:

$5,000,000.

It is the sole responsibility of the Contractor to see that any and all of its Subcontractors or their Subcontractors carry insurance required herein to the extent Contractor wishes to impose on its Subcontractor such liability insurance. Automobile liability insurance required herein shall be provided by each Subcontractor: The Contractor shall be held responsible for compliance and enforcement of the MPA's insurance requirements and its own requirements and for any modifications or waivers of these insurance requirements as they apply to Subcontractors.

The MPA shall have the right to require that the limits of liability set forth in the above paragraphs hereof be raised if in its judgement economic or insurance market conditions warrant.

If additional costs are incurred because of raised limits, the pre-approved additional cost shall be added to the Contract Sum.

Without limitation of any other provisions of this Contract, if (a) the Contractor's agreement herein to insure or to name as an additional insured the MPA, MDOT and the State of Maryland with respect to contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, RFP for MPA 10 or (b) any Contract of insurance between the Contractor or any Subcontractor and its insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of Contractor's agreements and obligations under the Contract Documents nor the validity or enforceability of such contract of insurance, each of which shall be enforced to the fullest extent permitted by law.

The furnishing of evidence of insurance by certificate or policy copy that is not in conformance with the requirements shall not constitute a waiver of or amendment to, the aforementioned requirements. Any modification or waiver of the requirements must be provided by the MPA in writing to the Contractor and agreed to by signature of any authorized Officer of the Contractor.

3.4 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. Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.5 Conflict of Interest Affidavit and Disclosure

3.5.1 The Offeror shall complete and sign the Conflict of Interest Affidavit and Disclosure

(Attachment I) and submit it with its Proposal.

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

3.5.3 Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

3.5.4 Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md.

Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not:

(1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Proposal in violation of this provision shall be classified as “not responsible.”

See COMAR 21.05.03.03.

3.6 Non-Disclosure Agreement

3.6.1 Non-Disclosure Agreement (Contractor)

All Offerors are advised that this solicitation and any Contract are subject to the terms of the Non- Disclosure Agreement (NDA) contained in this solicitation as Attachment J. 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.

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf

RFP for MPA 11

3.7 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act Information: https://www.dllr.state.md.us/paidleave/.

3.8 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose”. Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this Contract, to the greatest extent practicable.

3.9 Additional Clauses

The Offeror shall be subject to the requirements in this Section.

3.9.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, 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.

3.9.2 MPA Photography Policy

Photography, filming, or videotaping on MPA terminals is prohibited without prior approval from MPA. All persons authorized to take photos, to film, or to videotape must adhere to the MPA Photography Policy. See: Pages - Port Security: Photography Policy (maryland.gov). Written requests for approval shall be submitted through the Procurement Officer listed on the Key Information Summary Sheet.

3.9.3 MPA Health and Safety Plan (HASP)

At the time of award, the Contractor should provide a copy of its Safety and Health Program. The Safety and Health Program should require adherence to all applicable state and federal regulations (see Attachment K-Contractor’s Environmental Handbook). At a minimum, it should provide a description of the following:

• Accident Reporting and Investigation and First Aid

• Safety Inspection Program

• Responsibilities of project personnel

• Emergency Procedures

• Personal Protective Equipment, including fall protection

• Safety Training (Records should be available)

• Hazard Communication procedures, including written program

• Identification of chemicals to be used and stored on site

• Types of equipment used and required training, including mobile equipment

• Lockout/Tagout Program

• Job Hazard Analysis for the work to be performed

3.9.4 Delivery of Sale and Credit Transactions

https://www.dllr.state.md.us/paidleave/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmpa.maryland.gov%2FPages%2Fphotography-policy.aspx&data=04%7C01%7Cmkoppelman1%40mdot.state.md.us%7C610cb9f2e1e54183d92108d99ae9c6be%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637711151109073945%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=jlmpoRgcigPk6oMuvw2JaSgHjKRkrDkPQfnvz4SLEc8%3D&reserved=0

RFP for MPA 12

On a business day basis, or in accordance with the applicable Payment Network Transaction presentment time frames, Merchant will electronically present all Card Transactions permitted under this Agreement to the Bank, which are subject to billing to Cardholder in each case, except the following: (a) where the Transaction will not be presented until the goods are shipped or the services performed, and (b) where the Merchant requests and receives authorization for delayed presentment from the authorization center (in which case, the authorization number and words “Delayed Presentment” must be legibly noted on the sales Transaction and presentation must then be made within the period permitted for delayed presentment).

If sales Transactions are not cleared within twenty-four (24) hours from the time of sale, the Bank shall pass all applicable Payment Network interchange assessments it incurs for delayed presentment to the Merchant. Payment Networks may reject for settlement Card Transactions not presented within thirty

(30) calendar days of the Card Transaction date or if Card Transactions are presented with missing, invalid or unreadable data; in such cases, the Bank will not be required to fund or reimburse Merchant for the Card Transactions and Transactions may be subject to higher fees or subject to dispute.

3.9.5 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:

A. The process for establishing the existence of a problem;

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

2) 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;

3) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

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

6) 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.

RFP for MPA 13

4 Procurement Instructions

4.1 Site Visit

4.1.1 A site visit will be held at the date, time, and location indicated on the Key Information

Summary Sheet.

4.1.2 All attendees must pre-register for the site visit. To register contact the Procurement Officer at the email address on the Key Information Summary Sheet no later than one (1) business day prior to the site visit date.

4.2 Pre-Proposal Meeting

4.2.1 A Pre-Proposal Meeting (Meeting) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.2.2 Attendance at the Meeting is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Offers. If the solicitation includes an MBE goal, failure to attend the Meeting will be taken into consideration as part of the evaluation of an Offeror’s good faith efforts if there is a waiver request.

4.2.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Meeting to ensure that all parties understand the requirements of the Contract and the MBE Goal.

4.2.4 MBE subcontractors are encouraged to attend the Meeting to market their participation to potential prime contractors.

4.2.5 Following the Meeting, the attendance record and summary of the Meeting will be distributed via the same mechanism described for amendments and questions.

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

4.2.7 In order to assure adequate seating at the Meeting, all attendees must pre-register for the Meeting. Access will not be allowed to any unregistered individuals. To register contact the Procurement Officer at the email address on the Key Information Summary Sheet no later than one (1) Business Days prior to the Meeting date.

4.2.8 Attendance at the Meeting will be limited to two attendees per contractor.

4.3 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. In order to receive a contract award, a vendor must be registered on eMMA and be registered and in good standing with the Maryland Department of Assessments and Taxation. Registration is free. Go to https://emma.maryland.gov/, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

Questions

4.3.1 All questions shall identify in the subject line the Solicitation Number and Title and shall be submitted in writing via email to the Procurement Officer no later than the date and time specified on the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

https://emma.maryland.gov/

RFP for MPA 14

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

4.4 Proposal Due (Closing) Date and Time

4.4.1 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. Proposals not received in the Procurements Officer’s email inbox by this date and time are late and will not be considered.

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

4.4.3 Offerors must submit Technical Proposals and Financial Proposals by two or more separate emails to the Procurement Officer listed on the Key Information Summary Sheet and both Technical and Financial Proposals must be received by the Procurement Officer on or before the date and time listed on the Key Information Summary Sheet or the proposals will be rejected. Proposals not received in the Procurement Officer’s email inbox by this time and date are late and will not be considered except as otherwise provided by State law. Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth on the Key Information Summary Sheet for receipt of Proposals.

4.4.4 Offerors are solely responsible for assuring that their proposals are received in the Procurement Officer’s email inbox on or before the scheduled time and date for receipt of proposals. The date and time of the email submission is determined by the date and time of arrival of all required files in the Procurement Officer’s email inbox. Evidence that the email was sent prior to the deadline is NOT evidence of receipt by the Procurement Officer prior to the deadline. The Offeror is solely responsible for ensuring that the Procurement Officer receives the email by the deadline.

4.4.5 Proposals may not be submitted by facsimile and are not being accepted via eMMA. Proposals will not be opened publicly.

4.4.6 Potential Offerors not responding to this solicitation are requested to submit the “No Proposal Notice/Vendor Feedback Form”, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.5 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.

4.6 Award Basis

A Contract shall be awarded to the responsive and responsible Offeror submitting the Proposal that has been determined to be the most advantageous to the State, considering price and technical evaluation factors set forth in this RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP. Technical evaluation factors shall have greater importance than price. See RFP Section 6 for further award information.

4.7 Oral Presentation

Offerors may be required to make oral presentations to MPA representatives in order to clarify their Proposals or to respond to questions from MPA. Attendance at oral presentations will be limited to representatives of the Offeror and the MPA. 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

RFP for MPA 15 of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

4.8 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 180 days following the Proposal due date and time, the best and final offers (if requested) are received (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.

4.9 Revisions to the RFP

4.9.1 If the RFP is revised before the due date for Proposals, MPA shall post any…