SSA/RCC-26-001-S

ATTACHMENT B

REQUEST FOR EXPRESSIONS OF INTEREST

STATEMENT OF WORK (SOW)

FOR

RESIDENTIAL CHILD CARE SERVICES

STATE OF MARYLAND

DEPARTMENT OF HUMAN SERVICES (DHS)

KEY INFORMATION PAGE

Title and Agency

Control Number:

Residential Child Care Services

SSA/RCC-26-001-S

Issuing Office:

Maryland Department of Human Services (DHS or the

Department)

Procurement

Officer:

Sang Kang

Procurement Officer

Department of Human Services

25 S. Charles Street

Baltimore, MD 21201

Email:

Phone Number:

Sang.kang@maryland,gov

(410) 767-7404

Responses are to be sent to:

dhs.cpu_procurement@maryland.gov

Questions Due

Date and Time: December 23, 2025 at 2:00 pm

Proposal Due

(Closing) Date and Time:

January 8, 2026 at 4:00 pm

Contract

Duration:

Three Year Base Contract with one 2-year option.

Minority

Business

Enterprise Goal

10% MBE goal for Providers with 40 or more beds, 7%MBE goal for Providers with 25-39 beds

3% MBE goal for Providers with 24 or less beds

Possible NAICS Codes: 541110 - Offices of Lawyers, 561320 - Temporary Help Services, 561720 - Janitorial services, 561730 - Landscaping Services, 423830 - Industrial

Machinery and Equipment Merchant Wholesalers, 611430 -

Professional and Management Development Training mailto:dhs.cpu_procurement@maryland.gov

SCOPE OF WORK

1. Background and Purpose

A. The Department of Human Services (DHS or Department), Social Services Administration

(SSA), intends to contract for Residential Child Care Program Services (RCC). The

Contracts awarded to the successful Offerors or Providers of the RCC Programs resulting from this Scope of Work shall begin on or about April 1, 2026 through March 31, 2029 with one two-year renewal option.

B. All costs for services, including all nursing services, provided to children by the Provider shall be included in the Provider’s Class Rate issued by the Interagency Rates Committee

(IRC). The Department will only pay the rate established by the IRC when a child is placed with a Provider.

Additional costs or fees outside of the established IRC rates will be rare, for example when a child’s services may need to be supplemented. Therefore, no additional costs or fees outside of the established IRC rate(s) will be permitted without the prior written consent of the SSA Executive Director or their designee is required.

C. The Contractor shall provide a plan for the RCC Program’s interaction with the surrounding community, including a mechanism for responding to complaints.

D. The Department makes no promises of a referral or the number of referrals a Contractor may receive and will use the services of the Contractor at its sole discretion.

1.1 The Department’s Goals and Objectives

Maryland is dedicated to ensuring that every young person has the resources and support needed to thrive and become successful adults by age 21. This Emerging Adults commitment includes:

• Safe and stable housing

• Engagement in education or meaningful employment with benefits

• Comprehensive health care

Transitional planning, tailored to each youth's individual needs, begins at age 14. DHS establishes age-appropriate benchmarks for youth aged 14-21. Working collaboratively with each young person, the Local Department of Social Services (LDSS) Case Worker develops a personalized Maryland Youth Transition Plan (Transition Plan) that includes:

• Realistic, youth-driven goals

• Agreed-upon steps to achieve those goals

• Clearly defined responsibilities for the youth, the LDSS Case Worker, and other supportive individuals

• Progress updates on achieving milestones

This Transition Plan will be shared with relevant service Providers within five (5) business days from the date the youth is placed at the facility. The Transition Plan may be shared via fax, mail, email, or hand delivery. Providers share the responsibility of supporting the youth in working towards the goals and actions outlined in their Transition

Plan. The Maryland Youth Transition Plan guidance and form can be found here.

Maryland has instituted the Integrated Practice Model (IPM) for Child Welfare and

Adult Services and Family Matters approach to service delivery, which assures the entire system of care engages the family in helping them to improve their ability to adequately plan for the care and safety of their children. The family is viewed as a system of interrelated people in which action and change in one part of the system impacts the other. A commitment is made to encourage and support the family’s involvement in making decisions for the children. A climate of community collaboration is nurtured as a way to expand the supportive network available to children and families.

Maryland has implemented Family Matters as a shift to our out-of-home practice toward a kin-first model of care that centers young people’s relationships with kin-family by blood or by choice so they can flourish and thrive. This approach drives all of our efforts to ensure the well-being of the children and youth in Maryland.

2. Scope of Work - Requirements

2.1. General Contractor Requirements

The Contractor shall:

A. Possess a current, valid Maryland RCC license for the requisite Program(s) and shall be in good standing with the appropriate licensing agency(ies).

B. Operate its RCC facility(ies) 24 hours a day, 365 days per year.

C. Fill each Program vacancy with all referred children who meet the criteria stated on the

Contractor’s Profile. All children shall be provided with all Program services. No child shall be rejected or ejected without the prior notice and written authorization of the

DHS SSA Executive Director or designee. The Contractor shall submit the request and supporting written documentation to the LDSS Caseworker, LDSS Contract Monitor and

SSA Executive Director within twenty-four (24) hours that the reason for the requested rejection or ejection is known.

D. Operate its RCC Program(s) consistent with the regulations and requirements of the

Department’s RCC Program placement and licensing policies as detailed in COMAR

14.31.05 through 07. All COMAR citations referenced in this Contract can be accessed at https://mylife.mymdthink.maryland.gov/maryland-youth-transition-plan/

COMAR online: https://dsd.maryland.gov/Pages/COMARHome.aspx

E. Comply with all applicable State and federal laws, regulations, DHS policies, standards and guidelines affecting the care and supervision of children in the Contractor’s care, including, but not be limited to:

1) Bill of Rights for Maryland’s Children and Youth in Children’s Residential Facilities

2) Maryland DHS Family Centered Practice Model

3) Integrated Practice Model

4) Emerging Adults

5) Family Matters

F. Maintain a policy and procedures manual(s) describing in detail the Contractor’s philosophy and approach to care and delivery of service to include the Maryland DHS IPM and Emerging Adults initiatives.

2.2. Program Requirements

Comply with the Program requirements required by the licensing agency and the requirements set forth in Exhibit 1, attached hereto.

2.3. Organizational Structure

A. Maintain a Board of Directors, or similar advisory board, that provides oversight governance and is composed of representatives with experience in governance, financial management, fundraising, child welfare expertise, and any other experience pertinent to administration of a therapeutic residential child care environment.

B. Employ sufficient interdisciplinary credentialed staff to provide services and behavior management that meets the needs of the children in the Program.

2.4. Staff Security

A. Request pre-employment child protection and criminal record background checks of prospective staff, to include consultants and sub-contractors, who have access to children.

All staff, including employees, consultants and sub-contractors, must be cleared through the Child Protection Registry and the background checks of the jurisdiction(s) in which the staff member resides. See COMAR 14.31.06.05. A copy of the child protection and criminal background results shall be maintained by the Contractor.

B. Not employ any person who has a conviction within five (5) years of applying for a job with the Program for assault or a drug-related offense, or for a violation of the Section 3-

8A-30, Courts and Judicial Proceedings Article.

C. Pursuant to COMAR 14.36.06.05 and Title IV-E requirements, not employ any adult https://dsd.maryland.gov/Pages/COMARHome.aspx working in a child-care institution, including a group home, residential treatment center, shelter, or other congregate care settings including a Child Placement Agency foster family home who has a felony conviction involving:

1) child abuse or neglect;

2) spousal abuse;

3) a crime against a child or children (including child pornography); or

4) a crime involving violence (defined in Maryland Criminal Law §14-101), including rape, sexual assault, or homicide, but not including other physical assault or battery.

And within the last five years, been convicted of a felony involving:

1) physical assault;

2) battery; or

3) a drug-related offense.

D. Demonstrate compliance with COMAR 14.31.06.05 to ensure a drug and alcohol-free workplace.

E. Require staff to undergo a physical examination and tuberculosis screening in accordance with COMAR 14.31.06.05 E (1) (c) and (d).

F. Terminate any staff that has an indicated finding of any of the following allegations by an investigation of the DHS Office of Licensing and Monitoring (OLM) or LDSS Child

Protective Services unit in any jurisdiction:

1) Neglect of children;

2) Physical abuse of children, families or staff members;

3) Sexual abuse or harassment of children, families or staff members;

4) Verbal or emotional abuse of children, families or staff members; or

5) Drug or alcohol use on the premises or with children and families, or such that the staff is intoxicated while on duty.

2.5. Mandatory Incident Reporting

A. Follow the procedures outlined in COMAR 14.31.06.18 for mandatory reporting of incidents. Contractors shall file an incident report any time the resident and/or staff have engaged in an event that is significantly distinct from the normal routine or procedure of the children, the program, the staff, or any person relevant to the resident.

B. Report any alleged child abuse, neglect or other risk to residents’ health and safety to the

LDSS, Child Protective Services, DHS/OLM via the DHS OLM Incident Report Form located within the Provider Portal, SSA via Placementand.Permanency@maryland.gov and

Maryland Department of Health (MDH/OHCQ), if applicable.

Note: Failure to report any allegation of child abuse and/or neglect to OLM and to mailto:Placementand.Permanency@maryland.gov the appropriate law enforcement or social service agency in the jurisdiction in which the alleged act occurred, or failure to dismiss any employee or subcontractor shall be sufficient cause to restrict or suspend placement with the Contractor and may result in termination of the Contract.

2.6. Staff Training and Development

A. Ensure staff can effectively perform the roles and responsibilities associated with their positions.

B. Ensure all staff receive a minimum of forty (40) hours of initial and forty (40) hours of annual training as prescribed in COMAR 14.31.06.05 F.

C. Maintain training records, including the names and credentials of trainers, staff attendance and copies of the curriculum.

2.7. Cultural and Linguistic Competence

Ensure that all staff persons who come in contact with the children are aware of and sensitive to the child's cultural, ethnic, and linguistic differences, which may include hearing impaired children. Contractors shall employ or have access to individuals who are representative of the children served in order to minimize the language or cultural barriers that may exist. Each child in the Contractor’s care shall be provided services that address any special language needs and reinforce positive cultural practices, and acknowledge and build upon ethnic, socio-cultural and linguistic strengths. All costs for these services shall be included in the approved IRC Class rate with no additional costs to the Department.

2.8. Quality Assurance

Maintain a formal process for Program planning and evaluation, as well as an ongoing quality improvement plan as prescribed in COMAR 14.31.06.19. The Department will monitor these processes, goals and data pertinent to the quality of care of LDSS children.

2.9. Intake/Admission

A. Accept all referrals 24-hours-a-day, 7 days-a-week that are made in accordance with the

Provider profile when there is a vacancy in the Program, unless there are extenuating circumstances that are discussed at the time of intake/admission with the appropriate LDSS staff.

Note: Placement of children in RCC Programs may occur 24-hours-a-day, 7 days-a-week. The appropriate LDSS staff will make every effort to ensure that placements are the most appropriate in order to decrease placement disruptions. The LDSS staff has sole authority for making placement referrals.

B. Providers shall not reject a referral for a youth who meets their Program profile unless the

Program has reached bed capacity. Any rejection of a youth meeting the Program profile must be reported to the SSA Contracts Monitor, along with an explanation of why the referral cannot be accepted. Providers may only reject such a referral if they have submitted a justification to the SSA Contracts Monitor and received prior written approval from the SSA Executive Director or designee.

C. Ensure that children reside in quarters with persons within their own age groups. Suggested age groupings are 0-6; 7-12; 13-17; 18-21. The behavioral, psychological, emotional and developmental levels of the child shall be considered in the determination of appropriate grouping.

2.10. For Contractors with Multiple Site Locations within the Same Program

A. Not move a child to another site location within the Contractor’s Program(s) without the prior written notice to and written consent from the LDSS Case Worker.

B. Give written notice (via fax, mail, email or hand delivered) to the LDSS Case Worker of its intent to move a child at least thirty (30) calendar days before the proposed move. The notice shall include the reason for the transfer and name and location of the site to which the child will be transferred.

Note: The LDSS Case Worker shall give written consent (via fax, mail, email or hand delivered) to the proposed move within fifteen (15) calendar days of receipt of the notice. Consent by the LDSS Case Worker shall not be unreasonably withheld. The failure of the LDSS Case Worker to give written consent to a request to change placement shall not be deemed a waiver of this notice and consent requirement.

C. At the time of any emergency move, notify (via telephone) the LDSS (Caseworker, Supervisor or On-Call Staff-whichever is appropriate) immediately. Additionally, Contractors shall provide written notification (via fax, mail, email or hand delivered) of the emergency placement address and reason therefore within 24 hours of the emergency.

2.11. Integrated Practice Model

Contractors shall:

A. Participate in all LDSS Family Decision Team Meetings (FTDMs), reviews, and court hearings pertaining to case planning, treatment, placement setting, permanency, and family resources, to include, at a minimum, all Individual Service Plan (ISP) reviews.

FTDMs with the relevant invited employees of the Contractor and LDSS shall take place at critical decision-making times for the children. Critical decision-making times include removal or considered removal, placement change, recommendation for permanency change, youth transitional plan, and voluntary placement agreement.

B. Align its practice principles and core values with those outlined in the Maryland IPM that promotes safe, reliable and effective practice through a strength-based trauma-responsive practice model. This model emphasizes a comprehensive assessment process that is trauma-informed and action-driven and expands and aligns service array to better meet the needs of children and families.

2.12. Visitation and Transportation

A. In conjunction with the LDSS staff, facilitate visitation between the child and family members (including siblings) and/or other significant individuals in the child’s life.

Visits may occur in the child’s home community, in the homes of pertinent relatives and/or significant individuals, and/or at the RCC site. Phone calls and other forms of communication shall also be encouraged between the child and relatives, as well as other significant individuals.

B. Provide transportation for children to all medical and mental health appointments;

school/educational, extra-curricular and vocational activities; recreational activities; and community activities. Contractors shall also provide transportation, for sibling and family visits.

2.13. Case Planning

A. Support the activities of the LDSS Case Worker in the achievement of safety, permanence and well-being objectives. Contractors shall work, in conjunction with the assigned LDSS

Case Worker, in the planning of treatment, service delivery, and family visits.

B. Ensure that its staff, the LDSS Case Worker, the children themselves, and any significant family members and/or significant individuals are actively involved in the development, implementation and reviews of the Individual Service Plan / Individual Transition Plan

(ISP/ITP). The Contractor shall send (via encrypted email or U.S. mail) any notes or documents the Contractor deems necessary to include in the ISP/ITP to the LDSS Case

Worker ten (10) business days in advance of the scheduled review meeting.

C. Jointly develop with the LDSS Case Worker the ISP/ITP that identifies the needs of each child, and the services needed. Contractors shall review progress on the ISP/ITP with the

LDSS Case Worker and convey all relevant educational and therapeutic information upon discharge of each child.

D. Collaborate with the LDSS Case Worker in development of the case plan and its components: education; health; mental health; and any applicable court orders.

2.14. Child and Adolescent Needs and Strengths (CANS) Assessment Tool

Contractors shall administer the CANS assessment for every youth in their care. The CANS assessment shall be completed for each newly admitted youth within the first thirty (30) calendar days of admission, every 3 months after the initial assessment and upon discharge.

2.15. Normal Daily Routines

Provide a structured routine and schedule of events and activities that promote healthy development and improve social and behavioral functioning. Each child should have minimal, if any, periods of unstructured time in his/her daily routine.

2.16. Community Integration

A. Develop and maintain linkages that strengthen the relationship with the child’s familial community of origin and/or the community in which he/she may be residing upon discharge. It is imperative that the child maintains connections with schools, churches, friends and families, as deemed appropriate and in collaboration with the LDSS Case

Worker.

B. Make community resources (volunteer civic activities, use of public agencies/services, local library, behavioral health services, and recreational activities at a local gym or community center) available to children, and encourage participation and involvement in community-based programming to ensure that the child develops socialization skills for living successfully in the community.

C. Ensure that every child has an opportunity to participate in religious services of his/her choice, or to refrain from religious practice if so desired.

D. Ensure that any gay, lesbian, bisexual, transgendered and questioning children be linked with organizations and other networks that can support the child’s identity and culture.

2.17. Education

A. Collaborate with the LDSS Case Worker to ensure that each child of mandatory school age who has not earned a high school diploma or certificate of completion under COMAR

13A.03.02.02 be enrolled in an appropriate elementary or secondary school education or developmentally appropriate vocational skills program within five (5) school days of placement.

B. Ensure that each child in placement attends school whenever feasible and appropriate as consistent with Education Article, §4-122 and §7-101, Annotated Code of Maryland and

COMAR 07.02.11.12; and participate as appropriate in the child's educational activities.

2.18. Bill of Rights for Maryland’s Children and Youth in Children’s Residential

Facilities

A. Demonstrate compliance with the Bill of Rights for Maryland’s Children and Youth in

Children’s Residential Facilities.

B. Post the Bill of Rights in a conspicuous place within the RCC Program and include the Bill of Rights in the child’s and parent/guardian’s handbook.

2.19. Emerging Adults

A. Align its practice principles and core values with those outlined in the IPM and Ready By

21 policy.

B. Share in the responsibility of ensuring each child placed receives services to meet the identified benchmarks/milestones outlined in each child’s transitional plan. The benchmarks shall include but are not limited to the following domains:

1) Education

2) Housing

3) Health/Mental Health

4) Employment

5) Financial Literacy

6) Self Care

7) Family and Community Connections/Support

2.20. Discharge

A. Participate with the LDSS Case Worker in the discharge planning process, including the

FTDMs, which is considered part of the child’s permanency planning.

B. Not eject a child who meets the Contractor’s profile and only discharge children from the

Contractor’s RCC Program under one or more of the following circumstances. The list is not exclusive.

1) The child has progressed in functioning and/or development and is ready for a less restrictive level of care.

2) The child needs a more intensive, therapeutic and/or restrictive placement.

3) The child is to be reunified with family or relatives.

4) The child is to be adopted.

5) The child has adequately met his/her independent living goals and is ready to leave foster care.

6) The child is turning 21 years old, or the commitment has been rescinded.

7) The LDSS determines that it is appropriate to move the child.

8) The Voluntary Placement Agreement is rescinded by the LDSS or the legal guardian.

C. Provide, in the absence of extenuating circumstances, prior to all discharges, thirty (30) calendar days’ notice and a Discharge Plan to the LDSS Case Worker and the parent (when http://dhr.maryland.gov/documents/Licensing-and-Monitoring/RCCYouthBill.pdf http://dhr.maryland.gov/foster-care/youth-resources/ready-by-21/ http://dhr.maryland.gov/foster-care/youth-resources/ready-by-21/ appropriate).

D. The Contractor shall give the LDSS at least seventy-two (72) hours written notice of any unplanned discharge, unless extraordinary circumstances involving a high and immediate risk to the child’s safety or danger to others, prohibit notice. In such an instance, the

Contractor shall provide immediate notice to the LDSS and SSA Executive Director or designee. Unplanned discharges shall be extremely rare occurrences, involving only the most unusual cases. The 72-hour notice shall be submitted to the LDSS and SSA

Placement Unit for review and approval. All 72 hours notices shall be submitted to SSA via Placementand.Permanency@maryland.gov. All Incident Reports shall be submitted to the SSA Contract Unit via SSA_IncidentReports@maryland.gov.

E. The Contractor in collaboration with the LDSS shall ensure that when a child is returning to his or her family, or to an appropriate alternate placement that they are transitioning with appropriate luggage consistent with SSA Policy #24-01 (Attachment Q).

2.21. Recordkeeping

A. Establish and maintain client case files and fiscal records in a manner that is compliant with and supports all policies and procedures promulgated by DHS, particularly as they relate to documentation needed for audits. Contractor’s documentation must include all progress notes on assessments, treatment and service delivery that fully outline the care and recommended future care provided to children.

B. Retain all books, records, including documents that reflect all direct or indirect costs expended in the performance of this Contract for a period of no less than 3 years after the date of final payment, in accordance with COMAR 21.07.01.21.

2.22. Contract Monitoring

A. Comply with all processes and requests made by the SSA Contract and Monitoring Unit in conducting monitoring oversight activities during the term of the Contract.

B. Allow SSA Staff to complete scheduled and unscheduled site visits, as appropriate, to assess performance, contract compliance, and report on delivery of services required under this

Contract.

2.23. Family Centered Practice

Participate in all LDSS FTDMs, reviews, and court hearings pertaining to case planning, treatment, placement setting, permanency, and family resources, to include, at a minimum, all ISP reviews.

Scheduled FTDMs with the relevant invited employees of the Contractor and LDSS shall take place at critical decision-making points for the children. Key (critical) decision making times include Removal or considered removal, Placement change, Recommendation for permanency change, Youth Transitional Plan, and Voluntary Placement Agreement.

mailto:Placementand.Permanency@maryland.gov mailto:SSA_IncidentReports@maryland.gov

3. Security Requirements

3.1. Incident Response Requirement

A. The Contractor shall notify the Contract Monitor when any Contractor and/or subcontractor system that may access, process, or store State data or work product is subject to unintended access or attack. Unintended access or attack includes compromise by computer malware, malicious search engine, credential compromise or access by an individual or automated program due to a failure to secure a system or adhere to established security procedures.

B. The Contractor shall notify the Contract Monitor within one (1) Business Day of the discovery of the unintended access or attack by providing notice via written or electronic correspondence to the Contract Monitor and Procurement Officer.

C. The Contractor shall notify the Contract Monitor within two (2) hours if there is a threat to the Contractor and/or subcontractor's systems as it pertains to the use, disclosure, and security of the Department’s Sensitive Data.

D. If an unauthorized use or disclosure of any Sensitive Data occurs, the Contractor must provide written notice to the Contract Monitor within one (1) Business Day after the

Contractor's discovery of such use or disclosure and, thereafter, all information the State requests concerning such unauthorized use or disclosure.

E. The Contractor, within one (1) Business Day of discovery, shall report to the Contract

Monitor any improper or non-authorized use or disclosure of Sensitive Data. The

Contractor's report shall identify:

1) The nature of the unauthorized use or disclosure;

2) The Sensitive Data used or disclosed;

3) Who made the unauthorized use or received the unauthorized disclosure;

4) What the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure;

5) What corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure; and

6) Such other information as reasonably requested by the State.

F. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of PII or other event requiring notification.

In the event of a breach of any of the Contractor's security obligations or other event requiring notification under applicable law, the Contractor agrees to assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless and defend the State and its officials and employees from and against any claims, damages, or other harm related to such security obligation breach or other event requiring the notification.

G. This Section shall survive expiration or termination of the Contract.

4. Payments by Electronic Funds Transfer

The Contractor agrees to accept payments by electronic funds transfer (EFT) unless the State

Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding

$200,000. The selected Contractor shall register using the COT/GAD X-10 Vendor Electronic

Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the

State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at: https://www.marylandcomptroller.gov/state-agencies/accounting/eft-ach-for-vendors.html

5. Insurance Requirements

A. The Contractor shall maintain Commercial General Liability Insurance to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the

Contract by the Contractor, its agents, servants, employees, or subcontractors, with a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

B. The Contractor shall maintain Errors and Omissions/Professional Liability insurance with a minimum limit of $1,000,000 per claim and annual aggregate.

C. The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and PIP limits are no less than those required by the

State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

D. The Contractor shall maintain Crime Insurance to cover employee theft with minimum single loss limit of $1,000,000 per loss, and a single loss retention not to exceed $10,000.

E. Within five (5) Business Days of recommendation for Contract award, and before any work begins, the Contractor shall provide the Procurement Officer with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the Contractor’s current certificate of insurance shall contain at minimum the following:

F. Workers’ Compensation – The Contractor shall maintain such insurance as necessary and/or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act.

G. The “State of Maryland, its officers, employees and agents” shall be listed as an additional insured on any Commercial General Liability, Auto Liability, Professional/Cyber Liability, https://www.marylandcomptroller.gov/state-agencies/accounting/eft-ach-for-vendors.html and excess liability or umbrella policies except for Worker’s Compensation Insurance, which is currently handled by the Chesapeake Employer’s Insurance Company (formerly

Injured Worker’s Insurance Fund).

H. All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than thirty (30) days advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least fifteen (15) days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies.

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

6. Problem Escalation Procedure

A. 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.

B. The Contractor must provide the PEP no later than ten (10) Business Days after Contract

Commencement. 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:

1) The process for establishing the existence of a problem;

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

3) 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;

4) Expedited escalation procedures and any circumstances that would trigger expedited escalation procedures;

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

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

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

C. 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.

7. Reports

A. Contractor shall submit the following reports to the LDSS Case Worker in the time period requested:

1) Individual Service/Treatment Plans – Due thirty (30) business days after placement and every ninety (90) business days thereafter.

2) Results of CANS Assessment - Due thirty (30) business days after placement and every ninety (90) business days thereafter.

B. Contractor shall submit to the Office of the Inspector General and the SSA Administrative

Specialist, Office of Budget and Central Services, 11th Floor, Department of Human

Services, 25 S. Charles Street, Baltimore, Maryland 21201, an Annual Audit Report of the

Contractor’s financial records on or before December 2nd of each year, following the end of the Contract year, including any option year if exercised. The audit must be performed by an independent Certified Public Accountant (CPA) and be in the format required by the

Department (see Annual Audit Report Requirements, (Attachment M).

C. Contractor shall submit the following reports to the State Project Manager in the time period requested:

1) DHS Private Contractor Annual Report (Attachment N) - due on or before

December 2nd of each year, following the end of the Contract year.

The annual report must include the following:

(i) a detailed description of all efforts made to ensure appropriate services while reasonably managing costs, and the success/failure of those efforts as measured in both time and money saved;

(ii) a percentage-rate breakdown reflecting the number of times in the Contract year that the Contractor needed, with the Department approval, to add or change services included in the original Contract, to maintain the safety and well-being of the child(ren), including suggestions for reducing the need for, and frequency/cost of, such changes, as well as practical examples to support the suggestions; and

(iii) goals for the following Contract year, based on information and data developed during the current and prior calendar years, with specific strategies for realizing these goals and specific measuring plans for determining whether they have been met by the end of the following year.

2) Current Certificates of Insurance – due at each Contract anniversary date including option periods, if exercised.

3) Quarterly Report of Economic Benefits Attained – due by the 15th of the month following the end of the report quarter. The quarterly report shall be submitted until all proposed economic benefits are attained. The report shall include the Contractor’s name, contract number, report quarter/year, and identify the economic benefits committed to this project as stated in the Contractor’s Proposal for the report year and the economic benefits attained during the report quarter. The report shall be signed and dated by the Contractor’s Project Manager.

4) Annual Program Questionnaire – Due annually on May 1st. As a provider of services for youth and families involved with Maryland’s Department of Social

Services and/or Department of Juvenile Services (DJS), we are requesting for you to complete a comprehensive questionnaire about your program. If you have a contract with the Social Services Administration (SSA) or DJS, your completed questionnaire becomes an attachment to your contract and serves as the program summary.

5) Contractor shall submit Ad Hoc/Miscellaneous Reports to the State Project Manager and the requestor of the report(s) in the time period requested. Contractors may be required on an annual basis to submit approximately four (4) ad hoc/miscellaneous reports pertaining to, but not limited to, the collection of research data and evaluation activities concerning their Programs.

Note: Failure to submit required reports within the timeframes identified may result in placement on the SSA Hotlist, termination of referrals to the Contractor or termination of the Contract. Final invoice payment is contingent upon receipt of all reports identified above.

6) Financial Incident Reports – due with the Contract. Thereafter, the reports must be submitted on or before July 1 and December 2 of each year, and after some quarterly visits or if provider experiences any of the following financial issues during the term of the Contract: http://dhs.maryland.gov/licensing-and-monitoring/provider-resources/

a. Bankruptcy filings (Includes parent company and subsidiaries); The report is due within 24-hours of the filing;

b. Tax liens from the local jurisdiction in which the Contractor is located, the State of Maryland, or the Internal Revenue Service;

c. Receipt of a going concern, adverse, disclaimer, or qualified audit opinion during an annual audit of financials conducted by a CPA;

d. Receipt of a liability offset notice from the Comptroller of Maryland or the

Department;

e. Receipt of a cancellation notice for an insurance policy the Contractor is obligated is obligated under Contract or COMAR to maintain;

f. Payroll, corporate, unemployment, or any other state or federal taxes more than thirty (30) days in arrears;

g. Lease or rent payments more than thirty (30) days in arrears; and http://dhs.maryland.gov/licensing-and-monitoring/provider-resources/ http://dhs.maryland.gov/licensing-and-monitoring/provider-resources/

h. Any other adverse financial issues directly related to the Contractor’s fiscal solvency or to compliance with any financial standards established in the Contract or COMAR (see COMAR 07.05.01.06 and 07.05.01.07B).

7) All reports shall be sent, via regular mail to:

Attn: Contracts and Monitoring Manager

Department of Human Services

Social Services Administration, 11th Floor

25 South Charles Street

Baltimore, Maryland 21201

8) Depending on the nature of the financial issues disclosed, the Department may forward the report to the appropriate licensing agency. The presence of any of the above-mentioned financial issues will not guarantee disciplinary action; however, the

Contractor’s failure to provide the Financial Incident Report as required may result in disciplinary action against the Contractor, to include a corrective action plan;

suspension of placements; or removal of placements.

8. Certification of Residential Child and Youth Care Practitioners

A. All Residential Child and Youth Care Practitioners (RCYCP) formerly known as

"residential child care workers", employed in the State of Maryland shall be required to be certified by the State Board for the Certification of Residential Child Care Program

Professionals on or before October 1, 2015 unless:

B. The RCYCP is an employee of the Maryland School for the Blind and holds a current paraprofessional certificate, or

C. The RCYCP is participating in a Board-approved training program that leads to certification within 180 days of hire. Health Occupations Article §20-301-(i)(ii).

9. Living Wage Requirements

A. Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State

Finance and Procurement, § 18-101 et al. The Commissioner of Labor and Industry at the

Department of Labor, Licensing and Regulation requires that a Contractor subject to the

Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living

Wage reporting requirements. See COMAR 21.11.10.05. (Attachment F)

B. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR

21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. See the “Living Wage” clause in the Contract.

C. Additional information regarding the State’s living wage requirement is contained in

(Attachment F). Contractor must complete and submit the Maryland Living Wage

Requirements Affidavit of Agreement with their Responses. If a Contractor fails to complete and submit the required documentation, the State may determine the Contractor to be not responsible under State law.

D. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a

Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince

George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2

Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and

Procurement Article shall assign the tier based upon where the recipients of the services are located.

E. The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a

Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Contractor must identify in its Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the

Contract services will be provided.

1) If the Contractor provides 50% or more of the services from a location(s) in a Tier

1 jurisdiction(s) the Contract will be a Tier 1 Contract.

2) If the Contractor provides 50% or more of the services from a location(s) in a Tier

2 jurisdiction(s), the Contract will be a Tier 2 Contract.

3) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be N/A.

F. Information pertaining to reporting obligations may be found by going to the Maryland

Department of Labor, Licensing and Regulation (DLLR) website:

http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

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

http://www.dllr.state.md.us/labor/prev/livingwage.shtml

10. Prompt Payment Policy

The Contract(s) to be awarded is subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority, and Women Business Affairs (GOSBA) and dated

August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement

Article, §§11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and

21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in Contract “Prompt Payment” clause. Additional information is available on GOSBA’s website at: http://goma.maryland.gov/Pages/mbe-Program.aspx

11. Contractor’s Project Manager

The Contractor shall designate an individual to serve as the Contractor’s Project Manager. The

Contractor’s Project Manager shall be available to discuss the day-to-day operations of the project as well as attend quarterly meetings, approximately two (2) hours each, pertaining to the same.

Meeting dates, times and location(s) will be provided by the State Project Manager in advance of the meeting.

12. Minority Business Enterprise Goal

12.1. Establishment of Goals and Subgoals

An overall MBE subcontractor participation goal as identified in the Key Information Summary

Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

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

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

A Bidder/Offeror that does not commit to meeting the entire MBE participation goal outlined in the REOI must select and request for waiver in the form D-1A Part 2 with its bid/proposal submission. Failure of a Bidder/Offeror to properly complete, sign, and submit Attachment D-1A at the time it submits its Bid/Proposal to the REOI may result in the State’s rejection of the Bidder’s Bid/Offeror’s Proposal.

12.2. Attachments

http://goma.maryland.gov/Pages/mbe-Program.aspx http://goma.maryland.gov/Pages/mbe-Program.aspx

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

1) Attachment D-1A MBE Utilization and Fair Solicitation Affidavit & MBE

Participation Schedule (must be submitted with Bid/Proposal)

2) Attachment D-1B Waiver Guidance

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

Request

4) Attachment D-2 Outreach Efforts Compliance Statement

5) Attachment D-3A MBE Subcontractor Project Participation Certification

6) Attachment D-3B MBE Prime Project Participation Certification

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

8) Attachment D-4B MBE Prime Contractor Report

9) Attachment D-5 Subcontractor Paid/Unpaid MBE Invoice Report

B. The Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

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

2) The Bidder/Offeror responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified

MBEs at the time of Bid/Proposal submission. The Bidder/Offeror shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

3) The Bidder/Offeror requesting a waiver should review Attachment D-1B

(Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support

Waiver Request) prior to submitting its request.

If the Bidder/Offeror fails to submit a completed Attachment D-1A with the

Bid/Proposal as required, the Procurement Officer shall determine that the

Bid/Proposal is not responsive, unless the inaccuracy is determined to be the result of a minor irregularity that is waived or cured in accordance with COMAR 21.06.02.04.

C. Bidders/Offerors are responsible for verifying that each MBE (including any

MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

D. Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the

Bidder/Offerors must provide the following documentation to the Procurement

Officer:

1) Outreach Efforts Compliance Statement (Attachment D-2);

2) MBE Subcontractor/Prime Project Participation Certification (Attachment D-

3A/3B); and

3) 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.

4) A recommended awardee that requested a waiver of the goal or any of the applicable subgoals (in whole or in part) will be responsible for submitting the Good Faith

Efforts Documentation to Support Waiver Request (Attachment D-1C) and all…