1-1-26-3-21-8 Solicitation.pdf

Request for Proposals (RFP)

PROJECT ID No. 1-26-3-21-8

Maryland Energy Administration Building Energy Performance Standards (BEPS)

Technical Assistance Pilot Program

Issue Date: January 6, 2026 Due Date: February 20, 2026, at 2:00 PM

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

Please Note: In the event of emergency closing of Maryland Environmental Service (MES) offices, this RFP is due at the same time on the next regular working day.

MARYLAND ENVIRONMENTAL SERVICE

NOTICE TO VENDORS

In order to help us improve the quality of MES solicitations, and to make our procurement process more responsive and business friendly, we ask that you 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: Maryland Energy Administration Building Energy Performance Standards (BEPS) Technical Assistance Pilot Program Solicitation No: 1-26-3-21-8

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

o Other commitments preclude our participation at this time.

o The subject of the contract is not something we normally provide.

o We are inexperienced in the work/commodities required.

o The specifications are either unclear or too restrictive. (Please explain in remarks section.)

o The scope of work is beyond our current capacity.

o Doing business with government is simply too complicated o We cannot be competitive. (Please explain in remarks section) o Time for completion is insufficient.

o Bonding/insurance requirement are prohibitive. (Please explain in remarks section.)

o Bid/proposal requirements, other than specifications, are unreasonable or too risky. (Please explain in remarks section.)

o Prior experience with State of Maryland contracts was unprofitable or otherwise (Please explain in remarks section.)

o Difficulty with MES Website o 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: _______________________________________________________________________________

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposals: Maryland Energy Administration Building Energy Performance Standards (BEPS) Technical Assistance Pilot Program

Solicitation Number: 1-26-3-21-8

RFP Issue Date: January 6, 2026

RFP Issuing Office: Maryland Environmental Service

Procurement Officer: Robert Verk

259 Najoles Road Millersville, MD 21108 Phone: 410-729-8508 Fax: 410-729-8280 e-mail: procurement@menv.com

Contract Project Manager: Cassandra Savel csavel@menv.com

Do not contact the Project Manager during the procurement process.

Proposals are to be sent to: MES Procurement Portal

Pre-Proposal Conference: January 13, 2026, 9:00 AM Local Time

Questions Due Date: February 6, 2026, at 1:00 PM Local Time

Closing Date and Time: February 20, 2026, at 1:00 PM Local Time

MBE Goal: YES mailto:procurement@menv.com mailto:henosgraves@menv.com https://menv.bonfirehub.com/projects/50917/details

TABLE OF CONTENTS

REQUEST FOR PROPOSALS (RFP) I

NOTICE TO VENDORS II

RFP KEY INFORMATION SUMMARY SHEET III

TABLE OF CONTENTS IV-VI

SECTION 1 - GENERAL INFORMATION 6

1.1 Summary Statement 6

1.2 Contract Type 6

1.3 Contract Duration 6

1.4 Procurement Officer 7

1.5 Project Contract Monitor 7

1.6 Pre-Proposal Conference 7

1.7 eMaryland Marketplace Advantage 7

1.8 Questions 7-8

1.9 Procurement Method 8

1.10 Proposals Due (Closing) Date and Time 8

1.11 Economy of Preparation 8

1.12 Public Information Act Notice 8

1.13 Award Basis 8

1.14 Oral Presentation 9

1.15 Duration of Proposal 9

1.16 Revisions to the RFP 9

1.17 Cancellations/Reservations 9

1.18 Incurred Expenses 9

1.19 Protest/Disputes 9

1.20 Offeror Responsibilities 10

1.21 Substitution of Personnel 10

1.22 Mandatory Contractual Terms 10

1.23 Bid/Proposal Affidavit 10

1.24 Contract Affidavit 10

1.25 Compliance with Laws/Arrearages 11

1.26 Verification of Registration and Tax Payment 11

1.27 Insurance Requirements 11

1.28 Minority Business Enterprise Goals 11-14

1.29 Living Wage Requirements 14

1.30 Federal Funding Acknowledgement 14

1.31 Conflict of Interest Affidavit and Disclosure 14

1.32 Investment Activities in Iran 14

1.33 Notice of Political Contributions 14

1.34 Certification Regarding Discriminatory Boycotts of Israel 14

SECTION 2 SCOPE OF WORK 15

2.1 Background and Purpose 15

2.2 Scope of Work - Requirements 15-18

2.3 Minimum Qualifications 18

2.4 Invoicing 19

2.5 MBE Reports 19

SECTION 3 – PROPOSAL FORMAT 20

3.1 Two Part Submission 20

3.2 Proposals 20

3.3 Delivery 20

3.4 Volume I – Technical Proposal 20-22

3.5 Volume II – Price Proposal 22-26

SECTION 4 – EVALUATION COMMITTEE, CRITERIA, SELECTION

AND AWARD PROCEDURE 27

4.1 Evaluation Committee 27-28

4.2 Documents Required upon Notice of Recommendation for Contract Award 28

RFP ATTACHMENTS 29

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 Maryland’s Building Energy Performance Standards (BEPS) target the energy use intensity (EUI) and net-direct emissions of large buildings in Maryland. Buildings subject to the regulations must meet statutory energy and emissions limits by 2040, as well as interim targets. The Maryland Energy Administration (MEA) is launching a technical assistance pilot program to provide custom one-on-one assistance for buildings subject to the regulations. The Maryland Environmental Service (MES) is issuing this Request for Proposals (RFP) to seek proposals from qualified and experienced offerors with the means and qualifications capable of providing the services needed to deliver this program, hereby known as the BEPS Technical Assistance Pilot Program (BEPS TA Program).

1.1.2 It is MES’s intention to obtain services, as specified in this RFP, from a Contract between the selected

Successful Offeror and MES. The anticipated duration of services to be provided under this Contract is two

(2) years, subject to available funds and authorization by MEA.

1.1.3 MES intends to make a single award as a result of this RFP.

1.1.4 Offerors, either directly or through their subcontractor(s), must be able to provide all 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.

1.2 Contract Type

The Contract that results from this RFP shall be a cost reimbursable basis not to exceed the available budget. Hourly rates of the personnel involved, including subcontractor personnel, will be based on the established labor rates initially provided by the Successful Offerors (Rate Schedule), and approved by MES.

1.3 Contract Duration

1.3.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by MES following approval of the Contract by the MES Board of Directors, if such approval is required (Contract Commencement).

1.3.2 As of the date contained in a Notice to Proceed (NTP), the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

1.3.3 The duration of the Contract will be for a period of two (2) years from the date of the NTP for the provision of all services required by the Contract, and the requirements of the RFP. The 2-year term shall have a limit of $1,900,000 for total work, subject to available funds and authorization by MES and MEA. Any work proposed to be conducted on Saturdays, Sundays, or holidays must receive prior approval from MES/MEA.

1.3.4 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (See Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.4 Procurement Officer

The sole point of contact in MES for purposes of this solicitation prior to the award of any Contract is the Procurement Officer/Coordinator at the address listed below:

Robert Verk Procurement Administrator 259 Najoles Road Millersville, MD 21108 Phone Number: 410-729-8508 E-mail: procurement@menv.com

MES may change the Procurement Officer at any time.

1.5 Project Contract Monitor

The MES 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 compliance, and achieving completion of the Contract on budget, on time, and within scope. The Project Contract Monitor may authorize in writing one or more MES representatives to act on behalf of the Project Contract Monitor in the performance of the Project Contract Monitor’s responsibilities.

The Project Contract Monitor is:

Cassandra Savel, Lead Management Specialist, Technical & Environmental Services

MES may change the Project Contract Monitor at any time.

1.6 Pre-Proposal Conference

A Virtual Pre-Proposal Conference will be held on January 13, 2026 beginning at 9:00 AM Local Time, Click this link, to join the Conference. All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

If there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer as soon as possible. MES will make a reasonable effort to provide any such special accommodation.

1.7 eMaryland Marketplace Advantage

Each Offeror is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP.

eMMA is an electronic commerce system administered by the State of Maryland. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://emma.maryland.gov/, click on Register Now to begin the process, and then follow the prompts.

1.8 Questions

Questions to the Procurement Officer shall be accepted though MES Procurement Portal in a timely manner prior to the Proposal due date. Questions are requested to be submitted at least fourteen (14) days prior to the Proposal due date. MES, based on the availability of time to research and communicate an answer, and in its sole discretion, mailto:procurement@menv.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGViYjIyMTctNjc1NC00NmUyLWI5MzItOTAyZjRjZGZjNzU5%40thread.v2/0?context=%7b%22Tid%22%3a%224c44e1cf-7dae-454f-a18f-c18a6a12f9d7%22%2c%22Oid%22%3a%224b815e97-4f0f-4a79-af69-1a02bee4477e%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGViYjIyMTctNjc1NC00NmUyLWI5MzItOTAyZjRjZGZjNzU5%40thread.v2/0?context=%7b%22Tid%22%3a%224c44e1cf-7dae-454f-a18f-c18a6a12f9d7%22%2c%22Oid%22%3a%224b815e97-4f0f-4a79-af69-1a02bee4477e%22%7d https://emma.maryland.gov/ https://menv.bonfirehub.com/portal shall decide whether an answer can be given before the Proposal due date. Time permitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the RFP.

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, MES will post amendments to the RFP via the MES Procurement Portal. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals.

1.9 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 14.27.03.08

1.10 Proposals Due (Closing) Date and Time

Proposals, in the format set forth in Section 3 must be submitted through the MES Procurement Portal (previously known as Bonfire) https://menv.bonfirehub.com/. Proposals will not be accepted after the due date and time.

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

Proposals may not be submitted by e-mail or facsimile.

Vendors 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, etc.). This form is located in the RFP immediately following the Title Page (page ii).

1.11 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.

1.12 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 MES under the Public Information Act, Md. Code Ann., State Government Article, Title 10, Subtitle 6. 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 Price 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.

1.13 Award Basis and Assignment of Work

The Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the most advantageous to MES, considering price and evaluation factors set forth in this RFP and for providing the goods and services as specified in this RFP.

https://menv.bonfirehub.com/portal https://menv.bonfirehub.com/portal https://dsd.maryland.gov/Pages/COMARHome.aspx https://dsd.maryland.gov/Pages/COMARHome.aspx https://dsd.maryland.gov/Pages/COMARHome.aspx https://dsd.maryland.gov/Pages/COMARHome.aspx https://menv.bonfirehub.com/

1.14 Oral Presentation

Offerors may be required to make oral presentations to MES representatives. 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 and are binding if the Contract is awarded. The Procurement Officer will notify Offerors of the time and place of oral presentations.

1.15 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of the Proposals. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

1.16 Revisions to the RFP

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, addenda to the RFP will be posted via MES Procurement Portal. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals. Addenda made after the due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under award consideration as of the issuance date of the addenda.

Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Bid/Proposal Affidavit (See Attachment B-1) accompanying the Offeror’s Technical Proposal.

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.

1.17 Cancellations/Reservations

MES, in its sole discretion, 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, to waive or permit the cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of MES. MES also reserves the right, in its sole discretion, to award a Contract based upon the written proposals received without discussions or negotiations.

1.18 Incurred Expenses

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

1.19 Protest/Disputes

Any protest or dispute related, respectively, to this solicitation or the resulting Contract is NOT and shall NOT be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). An interested party may protest to the Procurement Officer against the award of the contract which is the subject of this solicitation within four (4) business days after the proposed award of contract. The protest shall be in writing, addressed to the Procurement Officer and delivered to the headquarters of the Maryland Environmental Service. A protester may not file a protest by electronic means or by facsimile. A copy of the protest procedure is available by contacting the Procurement Officer. Any disputes/discrepancies related to the solicitation documents will not be acknowledged unless received within ten (10) days prior to the bid/proposal opening, in writing.

1.20 Offeror Responsibilities

The selected Offeror shall be responsible for all products and services required by this RFP. All subcontractors must be identified and a complete description of their role relative to the Proposal must be included in the Offeror’s Proposal. If applicable, subcontractors utilized in meeting the established MBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this RFP.

If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, minimum qualifications, and 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.

1.21 Substitution of Personnel

Continuous Performance of Key Personnel

Unless substitution is approved as outlined herein, key personnel shall be the same personnel proposed in the Contractor’s Technical Proposal, which will be incorporated into the Contract by reference. Such identified 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 this Contract, as described in the RFP or the Contractor’s Technical Proposal, without the prior written approval of the Contract Manager.

If the Contract is task order based, the provisions of this section apply to key personnel identified in each task order proposal and agreement.

1.22 Mandatory Contractual Terms

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, sample attached herein as Attachment A-1. Any exceptions to this RFP or the Contract shall be clearly identified in the Cover Letter of the Technical Proposal. A Proposal that takes exception to any of these terms may be rejected at MES’ sole discretion.

1.23 Bid/Proposal Affidavit

A Proposal submitted by an Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B-1 of this RFP.

1.24 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 as Attachment C-1 of this RFP. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. For purposes of Section B of the Affidavit, please note that any company incorporated outside of Maryland is considered a foreign company. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or any modifications that may extend the Contract term.

1.25 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the 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 MES or the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award.

1.26 Verification of Registration and Tax Payment

Before a business entity can do business in Maryland it must be registered with the State Department of Assessments and Taxation (SDAT). The SDAT website is http://dat.maryland.gov/Pages/default.aspx

It is strongly recommended that any potential Offeror complete registration prior to the due date for receipt of Proposals.

An Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

1.27 Insurance Requirements

The Contractor shall at all times have and maintain Commercial General Liability with a combined limit for personal injury and property damage liability at One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, and Vehicle Liability Insurance with a combined limit for personal injury and property damage liability of Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate. Certificates of such insurance acknowledging the Hold Harmless Clause contained in this document shall be filed with the Service.

1.28 Minority Business Enterprise Goals

A minimum overall MBE subcontractor participation goal of 25% of the total contract dollar amount has been established for this procurement.

The Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the overall MBE participation goal.

1.28.1 Attachment A – Minority Business Enterprise participation, instructions, and forms are provided to assist Bidders/Offerors. A Bidder/Offer must include with its Bid/Proposal a completed Maryland Department of Transportation (MDOT) Certified MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment A) whereby:

(a) The Bidder/Offer 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

(b) The Bidder/Offer 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 Bid/Proposal submission.

The Bidder/Offer 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.

(c) A Bidder/Offeror requesting a waiver should review Attachment E (Waiver Guidance) and F (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

http://dat.maryland.gov/Pages/default.aspx

If a Bidder/Offeror fails to submit a completed Attachment A with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid is not responsive, or the Proposal is not reasonably susceptible of being selected for award.

1.28.2 Bidders/Offers are responsible for verifying that each of the MBE(s) (including any MBE primes and/or MBE primes participating in a joint venture), selected to meet the goal and any subgoals and subsequently identified in Attachment A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

1.28.3 Within ten (10) working days from notification that it is the recommended awardee or from the date of the actual award (per COMAR 21.11.03.10), whichever is earlier, the Bidder/Offeror must provide the following documentation to the Procurement Officer.

(a) Outreach Efforts Compliance Statement (Attachment B)

(b) MBE Prime/Subcontractor Project Participation Certification (Attachment C/C-page 2)

(c) Good Faith Efforts Documentation to Support Waiver Request (Attachment F).

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

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

1.28.4 Please refer to the MDOT MBE Directory at https://marylandmdbe.mdbecert.com/ 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 codes, please visit https://www.census.gov/eos/www/naics/. 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.

CAUTION: 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.

1.28.5 The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of MBE participation:

(a) Attachment G (Prime Contractor Paid/Unpaid MBE Invoice Report).

(b) Attachment I (MBE Prime Contractor Report)

(c) Attachment H (MBE Subcontractor/Contractor Unpaid MBE Invoice Report).

1.28.6 The Bidder/Offeror that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the following form, within ten (10) working days of recommendation for award and all documentation as required in COMAR 21.11.03.11 – Waiver:

(a) Attachment F (Good Faith Efforts Documentation to Support Waiver Request)

1.28.7 All documents, including Attachment A, completed and submitted by the Bidder/Offeror in connection with its certified MBE participation commitment shall be considered to be a part of the resulting Contract and are hereby expressly incorporated by reference thereto.

http://www.dsd.state.md.us/comar/comarhtml/21/21.11.03.10.htm https://marylandmdbe.mdbecert.com/

1.28.8 The Bidder/Offeror is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the provisions of the MBE program and pertinent Contract provisions (See Attachment I-1).

1.28.9 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 workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal, 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 be certified in the appropriate NAICS code to do the work and must list its firm in 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 remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors 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 use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment E 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 the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

1.28.10 With respect to Contract administration, the Contractor shall:

(a) Submit by the 15th of each month to the Agency’s designated representative:

i. A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment G) 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

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

(b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit by the 15th of each month to the Service’s designated representative an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment H) that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding 30 days, as well as any outstanding invoices, and the amounts of those invoices.

(c) 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, the type of work performed by each, and the actual dollar value of work performed. Subcontract http://www.gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the MBE Program Manager request.

(d) 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 (3) years after final completion of the Contract.

(e) 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.

1.29 Living Wage Requirements

Living Wages are NOT required for this contract.

1.30 Federal Funding Acknowledgement

A resulting task authorization issued under this agreement may contain Federal funds. The contractor agrees to comply with and ensure compliance with any stipulations which may be applicable and identifiable under such task authorization.

____ Federal Funding is applicable for this project X Federal Funding is not applicable for this project

1.31 Conflict of Interest Affidavit and Disclosure

Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment D-1) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful 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 D-1 Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.32 Investment Activities in Iran

The Bidder/Offeror is required to complete the Investment Activities in Iran Certification. A copy of this Certification is included as Attachment H-1. The Certification must be provided with the Bid/Proposal.

1.33 Notice of Political Contributions

Any firm awarded a state agency contract shall comply with the political contribution reporting requirements under Title 14 of the Election Law Article to which the contractor may be subject as provided in § 17-402 (2013).

1.34 Certification Regarding Discriminatory Boycotts of Israel

The Offeror is required to complete the Certification Regarding Discriminatory Boycotts of Israel. A copy of this Certification is included as Attachment K-1. The Certification must be provided with the Bid/Proposal.

http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.08.htm http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.08.htm

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

In 2022, the Maryland General Assembly enacted the Climate Solutions Now Act, which established statutory economy-wide emissions targets in Maryland. The law also created the Maryland Building Energy Performance Standards (BEPS), a policy that targets the net-direct emissions of commercial and multi-family buildings 35,000 square feet and larger in Maryland. Buildings subject to the regulations must meet the final net-zero direct emissions standard by 2040, as well as interim benchmarking and performance objectives.

The Maryland Energy Administration (MEA) is launching a technical assistance pilot program to help buildings subject to the regulations implement strategies for BEPS compliance, with an initial $1.9 million available for two years. The Offeror will work closely with MEA to design and administer the BEPS TA Pilot Program. The Offeror will be responsible for developing strategies and implementing a program that provides technical assistance (TA) to buildings subject to the BEPS program. The TA will consist of a range of customer-focused services, from assistance with basic energy benchmarking to guidance on more advanced emissions-reduction strategies and best practices, ensuring building owners and their associated staff have access to the knowledge needed to meet BEPS requirements.

The Maryland Environmental Service (MES) is issuing this Request for Proposals (RFP) to seek proposals from qualified and experienced offerors with the means and qualifications capable of providing the services needed to deliver a technical assistance program known as the BEPS Technical Assistance Pilot Program (BEPS TA Program).

MES understands the extensiveness of program elements required to issue this program may be best served by a team, group of individuals and/or organizations who provide complementary expertise. To the extent possible, MES may allow subcontractors to fulfill the tasks and subtasks detailed in this Solicitation.

Any and all costs incurred by the offeror in the development and submission of a proposal shall be the sole responsibility of the offeror whether or not any award results from this RFP. MES shall not reimburse for such costs.

2.2 Scope of Work - Requirements

General Scope of Work Requirements

The scope of work for this solicitation includes, but is not limited to the following, and the successful Contractor will be expected to address the following or offer a team that can do so:

● Collaborate with MES and MEA to develop the technical assistance program, establish program execution and management strategies, and continuously refine program implementation plans.

● Provide benchmarking assistance, including collecting, calculating, and reporting whole-building energy and emissions data.

● Provide one-on-one technical guidance to assist and streamline the process for building owners and decision-makers, which includes building operators, facility managers, co-op board members, and property management companies, to complete cost-effective energy efficiency, electrification, and clean energy projects, as well as implement high performance retrofit strategies as part of a long-term capital plan.

● Motivate BEPS-covered buildings and property owners to achieve a high level of energy performance through a deeper level of technical guidance, such as developing optimized BEPS compliance roadmaps.

● Establish a centralized resource list for building owners to connect with qualified third-party local service providers, auditors, contractors, and equipment distributors to assist in the implementation of building energy improvement projects.

● Maintain, track, and report budgets to MES and MEA.

● Provide detailed progress reports to MES and MEA and program evaluation data to MES and MEA.

● Maintain data and technology systems in compliance with data privacy and security standards established by

MEA.

● Maintain program data to enable program evaluation by MES and MEA, as requested.

● The Offeror shall provide sufficient personnel and program capacity to perform the services listed in the Scope of

Work. The Offeror shall ensure that all personnel have appropriate training, education, and experience to fulfill the requirements of their assigned positions to meet the State’s requirements.

The successful offeror shall be able to complete all Tasks, Subtasks, and Deliverables described below. If the offeror does not maintain the in-house subject matter expertise, knowledge, and experience, it will be the offeror's responsibility to secure the necessary services and expertise as the Prime Contractor. To the extent possible, offerors should detail the experience, expertise, and responsibilities of subcontractors that the Prime Contractor intends to include in the execution of the tasks and subtasks. MEA shall have the complete ownership of all material which is developed, prepared, assembled or conceived by the Contractor for this project.

Anticipated core tasks are listed below. Please note that it is possible that tasks may not be sequential, could overlap, or could result in a feedback loop where tasks, or portions of a task, need to be revisited through the course of the Programs.

TASK 1: Program Development and Implementation

● Develop and implement a program delivery strategy with MEA that combines the following services to eligible buildings:

o Energy benchmarking assistance, data collection and reporting guidance, and results analysis with respect to a building’s BEPS targets.

o Energy audit analysis to help identify potential areas for energy efficiency and decarbonization upgrades.

o Decarbonization planning to support achieving BEPS targets by compliance deadlines, including:

▪ Bid review support to help building owners understand and compare differing proposals and ensure efficient systems that move buildings cost-effectively toward their targets are being proposed.

o Centralized resources for connecting eligible buildings to qualified third-party service providers, contractors, auditors, and equipment distributors to assist in the implementation of building energy improvement projects.

TASK 2: Other Duties That May be Necessary to Support the BEPS TA Pilot Program may include, but are not limited to:

● Possible assistance with developing programmatic collateral in support of the program (e.g., handouts);

● As needed, development of tools and systems, such as applications, building intake processes and/or platforms, and reporting mechanisms.

● Mapping project financing options and available incentives to support decarbonization plans.

● Other duties as requested by MEA in support of the BEPS TA Pilot Program.

Accessibility, Data Security & Supplemental IT Requirements

All technical information, documents or data such as compositions, specifications, databases, photographs, test data, software, processes, or methods (collectively “Service Information”) which are prepared by the Contractor and form a part of its services shall, upon completion of the Service Information, become the property of the Service and shall be delivered to the Service. The Contractor shall be responsible for the protection and/or replacement of any Service Information in its possession. The Service Information, as instruments of personal professional services, are not to be used by the Service to design any other Project beyond the scope of the Project that is the subject of this Agreement unless the Service, prior to such use, executes and delivers to the Contractor an agreement in writing absolving, releasing, indemnifying and saving harmless the Contractor for any such use or provides the Contractor appropriate compensation and the right and opportunity to determine the feasibility and propriety of any such intended use.

The Contractor and any relevant subcontractor(s) shall implement administrative, physical, and technical safeguards to protect sensitive information such as PII, PHI, or other private/confidential information at all times, and shall ensure that all such safeguards, including the manner in which the information is collected, accessed, used, stored, processed, disposed of and disclosed, comply the terms and conditions of this Contract and adhere to the State IT Security Manual, Policies and Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions.

Updated and revised versions of the State IT Policy and Standards are available online at: Policies, Standards, and Guidelines. For IT Security Policies and Standards that are not covered by the State IT Security Manual, 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; 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; and ensure compliance with all applicable federal, State, and local laws, rules and regulations concerning security of Information Systems and Information Technology.

The Contractor shall not, without the express written consent of the Service and MEA, publish, disclose, or divulge to any person, firm, corporation or governmental authority, directly or indirectly, or use for its own benefit or for the benefit of any person, firm or corporation or governmental authority, any information related to the Contract (including Service Information, and any information that may be received by the Contractor from the Service or any of its contractors), unless such disclosure is compelled by legislative or judicial process. Unless otherwise required by law, access to all such information, including the making of copies thereof, shall be restricted to only those employees of the Contractor who need to know the information for purposes of performing the Contractor’s obligations hereunder. To the extent permitted by law, the Contractor will, upon the written request of the Service, return all materials, papers, and all other documents, as well as copies, excerpts, summaries thereof and other tangible materials representing or containing such information. In the event the Contractor is directed to destroy such information, then with fifteen (15) days the Contractor will certify in writing that such destruction has occurred and identify the specific information that has been destroyed.

In the event the Contractor desires to publish, submit for publication, distribute or otherwise publicly disseminate any information received or prepared in the course of performing its obligations hereunder, the Contractor shall in all cases submit to the Service three (3) copies of any scientific or technical paper, abstract, report or other vehicle pertaining in whole or in part to this Contract. Such submission shall be made by the Contractor to the Service at least thirty (30) days prior to its planned initial public dissemination, disclosure, or submission for publication. The Contractor shall include in any such documents or vehicles of public disclosure a statement which acknowledges the Service, the specific programs therein, and the financial support provided by this Contract. Furthermore, upon receipt of a written request from the Service, the Contractor shall also provide a disclaimer stating that the contents of the aforesaid document or vehicle of public disclosure do not in any way reflect the views, opinions, or policies of the Service.

Award of Task

This contract is subject to the appropriation and availability of funds. The contract will be canceled if funds are not appropriated or otherwise made available to support the continuation of performance in any fiscal period succeeding the initial term of the Contract; however, this does not affect either the State’s rights or the Contractor’s rights under any termination clause of the Contract.

Only proposals priced not to exceed $1.9 million, including all taxes, shall be considered.

All payments are subject to the availability of funds and allotment by MEA. MEA will make every reasonable effort to obtain all required approvals and perform and fulfill all requirements necessary to facilitate the availability and allotment https://doit.maryland.gov/policies/Pages/default.aspx https://doit.maryland.gov/policies/Pages/default.aspx of funds to pay the Contractor’s compensation under this contract; however, due to the current economic situation, early termination of this Contract may be required due to potential funding reductions.

The Apparent Awardees should include rate schedule information for all proposed subcontractors as well.

2.3 Minimum and Preferred Qualifications

2.3.1 Minimum Qualifications of the Project Team

The Offeror must provide proof with its Proposal that the following Minimum Qualifications have been met:

● The Offeror shall have at least two years (2) years of experience administering at least one (1) technical assistance or services program for commercial buildings.

● Demonstrated experience in developing, administering, and staffing programs related to energy efficiency, electrification, and clean energy, and projecting, measuring, verifying, and reporting energy and emissions savings from these projects, which span across various building types and audiences.

● Demonstrated experience fielding questions and conducting assistance to building decision makers or third-party providers related to energy efficiency, electrification, and/or clean energy policies for existing buildings.

● Demonstrated experience successfully coordinating a project team involving participants from multiple organizations to deliver a complex project.

● The Offeror shall have at least one (1) member of the team with at least one of the following qualifications:

o Certified Energy Manager (CEM) o Professional Engineer (PE) certification issued within the United States o Building Energy Assessment Professional (BEAP)

● The Offeror shall provide sufficient personnel and program capacity to perform the services in the Scope of Work. The Offeror shall ensure that all personnel have appropriate training, education, and experience to fulfill the requirements of their assigned positions to meet…