1169404 - RFP -Medical Supplies and Durable Medical Equipment.pdf

RFP #1169404

Revised 07/2022 1

REQUEST FOR PROPOSALS

Medical Supplies and Durable Medical Equipment

April 8, 2025

Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods, services, or construction, as outlined in this document.

Vendor must electronically submit their proposal no later than 3:00 pm on May 8, 2025, through www.bidnetdirect.com/maryland/montgomerycounty. Vendors must register with BidNet Direct in order to view and respond to this solicitation. Visit www.bidnetdirect.com and click on the link to register at no charge. Follow the registration path and select the "Limited Access" option which will provide you with an automatic e-mail notification at no charge. If you need help registering, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal. The County will not accept proposals submitted after the due date and time.

There will be an optional pre-submission conference at 11:00 A.M. EST on April 18, 2025, via Microsoft Teams meeting.

Join on your computer, mobile app or room device Join the meeting now Meeting ID: 271 518 063 362 Passcode: z69Hx3yP Download Teams | Join the meeting now .Or call in (audio only) +1 443-692-5768,, 300773794# United States, Baltimore. Phone Conference ID: 300 773 794#

All questions related to this solicitation must be submitted no later than 4:00P.M. on April 25, 2025. All questions received by this deadline and answers to those question will be posted on BidNet as an amendment to the RFP.

The County will not accept proposals it receives by fax, email, mail, or personal delivery. All faxed, emailed, mailed, or personally delivered proposals will be returned to the vendor.

Should you have any questions regarding the technical information, or the scope of services contained in this solicitation, contact Tiago Britto at 240-777-3845 or Tiago.Britto@montgomerycountymd.gov.

Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, contact Eric Harris, Procurement Specialist III by telephone at 240-777-9922 or email at Eric.Harris@montgomerycountymd.gov

This RFP is NOT subject to the Local Business Preference (LBP) (https://www.montgomerycountymd.gov/PRO/dbrc/local-business-preference.html)

This is a Services Contract (see Section A, Services Contract):

Non-Professional Services

Professional Services or

This is a Construction Contract (http://www.montgomerycountymd.gov/PrevailingWage):

or

This is not a Services Contract (disregard Section A, Services Contract) and is not a Construction Contract:

X

Director Office of Procurement http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2Q0NTUyNTctNDc1OC00MmYzLWFhNTItODU0N2RiN2E5ZTAy%40thread.v2/0?context=%7b%22Tid%22%3a%226e01b1f9-b1e5-4073-ac97-778069a0ad64%22%2c%22Oid%22%3a%22b9960bb3-8ce3-4e3f-8834-c8954930c3d7%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2Q0NTUyNTctNDc1OC00MmYzLWFhNTItODU0N2RiN2E5ZTAy%40thread.v2/0?context=%7b%22Tid%22%3a%226e01b1f9-b1e5-4073-ac97-778069a0ad64%22%2c%22Oid%22%3a%22b9960bb3-8ce3-4e3f-8834-c8954930c3d7%22%7d mailto:Eric.Harris@montgomerycountymd.gov https://www.montgomerycountymd.gov/PRO/dbrc/local-business-preference.html http://www.montgomerycountymd.gov/PrevailingWage

Revised 07/2022 2

Notice to Offerors

Request for Proposals #1169404

Medical Supplies and Durable Medical Equipment

This solicitation may be subject to the County’s Wage Requirements Law (WRL), which applies to service contracts.

• If this solicitation is subject to the WRL, then the appropriate space will be marked in the box denoting “This is a

Services Contract”, at the bottom of the RFP cover page

• In this event, the “Wage Requirements for Services Contract Addendum” will apply to the resultant contract (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

1) In order to be compliant with the Wage Requirements Law an Offeror must submit with its proposal the following:

(a) Completed Wage Requirements Certification form (This form is contained in the PMMD-177 Web-link above).

(b) If applicable, 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance form (This form is contained in the PMMD-177 Web-link above).

Offeror’s failure to complete and submit the required material information on the Wage Requirements form(s) may result in offeror’s proposal being unacceptable and rejected.

NOTE: You can find the current mandatory payroll reporting requirements, and the wage rate per hour that a County contractor must pay to its employees, under Section 11B-33A of the County Code, at (www.montgomerycountymd.gov/WRL). The WRL is available at the same website.

If there is a need for sign-language interpretation and/or other special accommodations, it is requested that at least five (5) days advanced notice be provided to the County’s Office of Procurement contact on page http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL

RFP # 1169404

TABLE OF CONTENTS

1. ACKNOWLEDGMENT 4

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS 4

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS 4

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES 5

5. SECTION B - SCOPE OF SERVICES 12

6. SECTION C - PERFORMANCE PERIOD 17

7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA 19

8 SECTION E - SUBMISSIONS 20

9 SECTION F - COMPENSATION 22

10 SECTION G - CONTRACT ADMINISTRATOR 22

11 SECTION H - SPECIAL TERMS AND CONDITIONS 23

12 SECTION I - ETHICS 23

13 SECTION J - GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 24

Attachments A. References A1 B. Cost and Price Requirements B1 C. Mandatory Insurance Requirements C1 D. Business Associate Agreement D1 E. Medical Supplies and Equipment Pricing - Most Frequently Purchased E1 F. Medical Supplies and Equipment Pricing - Full List F1

Web-links for Documents and Forms

1. Central Vendor Registration System (www.mcipcc.net)

2. Frequently Asked Questions, Procurement (https://www.montgomerycountymd.gov/pro/help.html)

3. MD-SDAT (https://dat.maryland.gov/businesses/Pages/default1.aspx) and (http://dat.maryland.gov/businesses/Pages/Frequently-

Asked-Forfeiture-Questions.aspx).

4. Mid-Atlantic Purchasing Team Rider Clause (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf)

5. Minority Business Program & Offeror’s Representation and Sample MFD Report of Payments Received

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

6. Minority, Female, Disabled Person Participation Evaluation Points: Requirements and Examples (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

7. Minority, Female, Disabled Person Program Information (www.montgomerycountymd.gov/MFD)

8. Minority, Female, Disabled Person Subcontractor Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf)

9. Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

10. Offeror’s Certification of Cost & Price for Contracts Above $100,000

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

11. Prevailing Wage Requirements for Construction Contract Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

12. Prevailing Wage Requirements Information (www.montgomerycountymd.gov/PrevailingWage)

13. Solicitation Postings and Amendments (http://www.montgomerycountymd.gov/pro/solicitations)

14. Wage Requirement Law Payroll Reporting (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf)

15. Wage Requirements Certification Form and 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

16. Wage Requirements for Services Contracts Addendum (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

177.pdf)

17. Wage Requirements Law Information (www.montgomerycountymd.gov/PRO/DBRC/WRL.html)

18. Wage Requirements Law, Independent Contractor Certification

(https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf)

19. Local Business Subcontracting Performance Plan (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

192.pdf) Prevailing Wage Local Hiring Report

20. (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

21. Prevailing Wage Law Local Hiring Attestation (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

196.pdf) http://www.mcipcc.net/ http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/pro/solicitations http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-194.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf

Revised 07/2022 4

Montgomery County, Maryland Acknowledgment Page

1. ACKNOWLEDGMENT

The offeror must include a signed acknowledgment that all the provisions, terms and conditions of this solicitation are agreeable to the offeror and may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Offers that do not include such an acknowledgment may be rejected. Executing and returning (with the offer) the acknowledgment shown below will satisfy this requirement.

The undersigned agrees that all the provisions, terms and conditions of this solicitation may, at the County's option, be made applicable in any contract issued as a result of this solicitation.

Business Firm's Legal Name (printed):

Printed Name, Title and E-Mail of Person Authorized to Sign Proposal:

Signature: Date:

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS

The correct and full legal business name of the offeror must be used in proposals received and on all contracts issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the legal name is different. Corporations must have names that comply with State law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading as) or “d/b/a’ (doing business as), respectively. The offeror’s signature on the proposal, contract, amendment(s) or related correspondence, must conform to the following:

All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of this offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS

The Offeror acknowledges receipt of the following amendment(s) to the solicitation:

Amendment Number Date

Revised 07/2022 5

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

The following provisions are applicable to this solicitation:

4.1. Instructions:

4.1.1. Registered Vendor

4.1.1.1. The first step in doing business with Montgomery County is to become a registered vendor in the on-line Montgomery County Vendor Registration System (CVRS). Go to the following website to register: https://azex32.montgomerycountymd.gov/cvrs/)

4.1.2. Acknowledgement

4.1.2.1. The offeror must include the signed Acknowledgment page indicating agreement with all the provisions, terms and conditions of this solicitation.

4.1.3. Optional Pre-Submission Conference

4.1.3.1. If a Pre-Submission Conference is held, it is recommended that prospective offerors attend this pre-submission conference. For information regarding the date, time, and place of the conference, please see page 1 of this solicitation.

4.1.4. Proposals

4.1.4.1. Vendor must electronically submit their proposal through www.bidnetdirect.com/maryland/montgomerycounty. Proposals received after the date and time specified will not be considered and will be denied by the BidNet application.

4.1.4.2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal.

4.1.5. Proposal Withdrawal/Modification

4.1.5.1. Vendor can withdraw and make edits to a proposal before a solicitation’s closing date and time.

To withdraw your proposal, log into www.bidnetdirect.com/maryland/montgomerycounty and click “Solicitations” then “Bid Management” and follow the withdrawal process. If you need help withdrawing your proposal, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2. Your withdrawal and resubmission must occur before the closing date and time.

4.1.6. Questions

4.1.6.1. All technical and non-technical questions pertaining to this solicitation are to be directed to the individuals whose names are indicated on Page 1 of this solicitation.

4.1.6.2. The Office of Procurement has an electronic ”Frequently Asked Questions” section on its website that may answer your questions: (https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html)

4.1.7. Obtaining Solicitation Amendments

4.1.7.1. What are they?

When the County determines that material changes to the solicitation document or material information needs to be disseminated to Offerors it will issue a formal amendment to a solicitation.

However, not all solicitations will need an amendment. Any information given to an offeror in response to a request will be furnished to all offerors as an amendment to this solicitation, if such information is deemed necessary for the preparation of solicitations, or if the lack of such information would be detrimental to the uninformed offerors. Such amendments only, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

4.1.7.2. How do I identify if a solicitation has an amendment?

https://azex32.montgomerycountymd.gov/cvrs/ http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/maryland/montgomerycounty https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html

Revised 07/2022 6

Offerors are responsible for checking the website at https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html periodically to remain informed of any solicitation amendments. Solicitation amendments may occur any time prior to the proposal due date and time. As a courtesy, the Office of Procurement may email solicitation amendments to holders of record with valid email addresses. However, it is the responsibility of the offeror to frequently visit the Office of Procurement’s website to obtain solicitation amendments.

4.1.7.3. What am I required to do for the Amendment?

OFFERORS MUST ACKNOWLEDGE RECEIPT OF SUCH SOLICITATION AMENDMENTS, to the place designated, and prior to the hour and date specified in the solicitation (as amended) for receipt of offers. This can be easily done in at least one of the following ways:

4.1.7.3.1. By filling-in the “Amendment Number” and “Date” of the amendment(s) under the Acknowledgment of Solicitation Amendments title; or

4.1.7.3.2. By returning one signed copy of the amendment with the Offeror’s response to the solicitation

4.1.8. Maryland State Department of Assessments & Taxation (MD-SDAT)

4.1.8.1.1. Vendors doing business in the State of Maryland are required to be in ‘Good Standing’ with MD-SDAT; this may not be applicable for individuals, sole proprietorships or partnerships.

4.1.8.1.2. The County will require, if applicable, a copy of a Certificate of Good Standing from SDAT prior to entering into a contract with your firm.

4.1.8.1.3. The County will verify this status on the MD-SDAT website.

4.1.8.1.4. If your firm has a ‘Forfeit’ status from MD-SDAT the County cannot enter into a contract with your firm until this status has been rectified with the MD-SDAT.

4.1.8.1.5. If this status is not rectified in a timely manner with MD-SDAT, then your firm maybe declared non-responsible and your proposal will be rejected.

4.1.8.1.6. Information can be found at: (https://dat.maryland.gov/businesses/Pages/default1.aspx) and

(http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

4.2. Conditions

4.2.1. Acceptance Time

4.2.1.1. By submission of a proposal under this solicitation, the offeror agrees that County has 180 days after the due date in order to accept the proposal. The County reserves the right to reject, as unacceptable, any offer that specifies less than 180 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended.

4.2.2. Contract Documents

The following documents will be incorporated into the contract resulting from this solicitation:

4.2.2.1. General Conditions of Contract between County & Contractor (Section J)

4.2.2.2. Minority-owned Business Addendum to the General Conditions of Contract between County

& Contractor and its companion document entitled, “Minority, Female, Disabled Person Subcontractor Performance Plan”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

4.2.2.3. Offeror’s Certification of Cost & Price (for contracts above $100,000.)

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

4.2.2.4. Wage Requirements Law (WRL) for Services Addendum to the General Conditions of Contract between the County and Contractor and its companion documents entitled, “Wage Requirements Certification”, and “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

4.2.2.5. All representations and certifications listed in this document.

http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/OBRC/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf

Revised 07/2022 7

4.2.2.6. Mandatory Insurance Requirements.

4.2.2.7. Prevailing Wage Requirements (only for a construction contract between the County and

Contractor). (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD- 185.pdf)

4.2.2.8. Prevailing Wage Local Hiring Report. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

4.2.2.9. Prevailing Wage Law Local Hiring Attestation. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf)

4.2.3. Determination of Responsibility

4.2.3.1. The Offeror has the burden of demonstrating, affirmatively, its responsibility in connection with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider an offeror non-responsible who has previously failed to perform properly or to complete contracts, in a timely manner, or if investigation shows the offeror is unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Office of Procurement or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility.

Failure of an offeror to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror.

4.2.3.2. The Director may deny the award, renewal, or assignment of a contract to or for any offeror who is in default of payment of any money due the County.

4.2.3.3. The factors that may be considered in connection with a determination of responsibility include, but are not limited to:

4.2.3.3.1. The ability, capacity, organization, facilities, and skill of the offeror to perform the contract or provide the goods, services, or construction (“work”) required.

4.2.3.3.2. The ability of the offeror to perform the contract or provide the work within the time specified without delay, interruption or interference.

4.2.3.3.3. The integrity, reputation and experience of the offeror and its key personnel.

4.2.3.3.4. The quality of performance of previous contracts or work for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility.

4.2.3.3.5. The offeror’s previous and existing compliance with laws and ordinances relating to the contract or work.

4.2.3.3.6. The sufficiency of financial resources of the offeror to perform the contract or provide the work.

4.2.3.3.7. The certification of an appropriate accounting system, if required by the contract type.

4.2.3.3.8. Past debarment or suspension by the County or other governmental entity.

4.2.4. Joint Procurement

4.2.4.1. The following entities within Montgomery County must be able to purchase directly from any contract resulting from this Solicitation:

4.2.4.1.1. Maryland-National Capital Park & Planning Commission (M-NCPPC);

4.2.4.1.2. Montgomery College (MC);

4.2.4.1.3. Montgomery County Public Schools (MCPS);

4.2.4.1.4. Montgomery County Revenue Authority;

4.2.4.1.5. Montgomery County Housing Opportunities Commission (HOC);

4.2.4.1.6. Washington Suburban Sanitary Commission (WSSC); and

4.2.4.1.7. Municipalities & Special Tax Districts in Montgomery County.

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf

Revised 07/2022 8

4.2.4.2. While this RFP is prepared on behalf of Montgomery County, it is intended to apply for the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful vendor under the same prices and goods and/or services of the contract with Montgomery County, in accordance with each entity's respective laws and regulations, or an entity may choose not to procure from the successful bidder at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the bid. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each entity above will be solely responsible for and contract directly with the bidder under the entity’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g.

Montgomery County Public Schools educational discounts) SHOULD BE OFFERED TO THAT ENTITY.

4.2.5. Late Proposals

4.2.5.1. Proposals in response to this solicitation received after the due date and time specified in the solicitation are considered late and will not, under any circumstances, be considered for any award resulting from the Solicitation.

4.2.6. Minority, Female, Disabled Person Program Compliance

4.2.6.1. Under County law, this solicitation is subject to the Montgomery County Code (Part II.

Chapter 11B.Article XIV) and the Montgomery County Procurement Regulations (COMCOR 11B.00.01.07) regarding participation in the Minority-Female-Disabled Person (MFD) procurement program.

4.2.6.2. Information regarding the County’s MFD program can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/MFD) Entitled “Minority-owned Business Addendum to the General Conditions of Contract between County and Contractor”.

4.2.6.3. The companion document entitled “Minority, Female, disabled Person Subcontractor Performance Plan” can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

4.2.7. Montgomery County Code and Procurement Regulations

4.2.7.1. The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

4.2.8. Payment Terms

4.2.8.1. The County’s payment terms are net thirty (30) days.

4.2.8.2. The County is expressly permitted to pay the vendor for any or all goods, services, or construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

4.2.9. Prevailing Wage (County Code Sections 11B-33-C and 20-75)

4.2.9.1. The Prevailing Wage Law applies to all construction contracts and to mechanical systems services contracts that meet minimum threshold contract values. Unless otherwise excluded by County law, a County-financed construction contract and a mechanical systems service contract that meet minimum threshold contract values are subject to the Montgomery http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf

Revised 07/2022 9

County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry.

Additional information regarding the County’s prevailing wage requirements can be reviewed at: (www.montgomerycountymd.gov/PrevailingWage).

4.2.9.2. An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

4.2.10. Qualification of Offerors

4.2.10.1. Offerors may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or are regularly engaged in performing the services for which they are submitting a proposal, and that they maintain a regularly established place of business.

4.2.10.2. An authorized representative of the County may visit any prospective contractor's plant, place of business or place where the services are performed to determine ability, capacity, reliability, financial stability and other factor(s) necessary to perform the contract.

4.2.10.3. Upon the County’s request, an offeror must submit information about its reputation, past performance, business and financial capability, and other factors to demonstrate that the offeror is capable of satisfying the County’s needs and requirements for this solicitation.

4.2.11. Services Contract (County Code 11B-33A)

4.2.11.1. Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements related to wage amounts that contractor must pay its employees. If an offeror fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable and rejected under County law.

4.2.11.2. Information regarding the County’s Wage Requirements Law (WRL) can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/WRL). Contractor must comply with the “Wage Requirements Law (WRL) for Services Contracts Addendum to The General Conditions of Contract between County and Contractor”, which can be found included with the Wage Requirements Certification form at the website below.

4.2.11.3. The companion document entitled “Wage Requirements Certification” form can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

4.3. Notices

4.3.1. Proprietary & Confidential Information

4.3.1.1. This is to notify prospective offerors that the County has unlimited data rights regarding proposals submitted in response to its solicitations. “Unlimited data rights” means that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information, as defined by the Maryland Information Act (MPIA), Md. Code Ann., Gen. Prov. §§ 4-101 through 4-601, will be exempted from disclosure if the offeror can show that release of such information would cause substantial competitive harm to the offeror.

4.3.1.2. It is the responsibility of the offeror to clearly identify each part of the offer that it believes is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with large boldface letters stating the words "confidential" or “proprietary.” However, the County, by law, must apply the MPIA’s requirements for public http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/WRL

Revised 07/2022 10 information disclosure deemed proprietary and confidential; therefore, even information marked as such by the Offeror may still require public disclosure.

4.3.1.3. The offeror agrees, with regard to any portion of the proposal that is not stamped as proprietary or confidential, that it expressly permits the County to deem it not to be proprietary or confidential, and to release the information to the public in accordance with the MPIA.

4.3.2. Protests

4.3.2.1. Any Offeror who is aggrieved (see 4.3.2.5 below) may file a protest. Any Offeror who is aggrieved in connection with a formal solicitation must deliver a written protest to the Director, Office of Procurement: (a) within ten (10) days after the Director, Office of Procurement, publicly posts the proposed contract award, if the offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the solicitation proposal submission due date and time, if the offeror seeks as a remedy the cancellation or amendment of the solicitation.

4.3.2.2. Each protest must contain a protest filing fee in the amount of $500 (US currency). If the fee is paid by check, the check must be made out to “Montgomery County Government”.

4.3.2.3. The Director, Office of Procurement, may return the filing fee to the protesting offeror, if the protest is sustained.

4.3.2.4. The Director, Office of Procurement, must dismiss any protest not timely received.

4.3.2.5. Only an offeror who is “aggrieved” may file a protest. “Aggrieved” means that the offeror who files the protest can demonstrate it may be eligible for an award of the contract if the protest is sustained.

4.3.2.6. Each protest must contain the following:

4.3.2.6.1. Identification of the solicitation;

4.3.2.6.2. Offeror Name;

4.3.2.6.3. Offeror Address;

4.3.2.6.4. Offeror Email Address;

4.3.2.6.5. Offeror Telephone Number;

4.3.2.6.6. Statement supporting that the Offeror is aggrieved;

4.3.2.6.7. Specification of all grounds for the protest;

4.3.2.6.8. Submission of detailed facts and all relevant documents;

4.3.2.6.9. Citation to relevant language in the solicitation, regulations, or law relied upon; and,

4.3.2.6.10. All other matters which the Offeror contends support its protest

4.3.2.7. The burden of production of all relevant evidence, data, and documents, and the burden of persuasion, to support the protest is on the offeror making the protest.

4.3.3. Public Posting

4.3.3.1. It is the responsibility of the offeror, per Section 3.2.2 of the Procurement Regulations, to keep informed of the current status of any proposed award for a contract in which the offeror is interested.

4.3.3.2. Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a public posting of the proposed awardee(s).

4.3.3.3. Information regarding the proposed award under this solicitation, or any solicitation issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at: https://www.montgomerycountymd.gov/PRO/solicitations, and at the Office of Procurement, 27 Courthouse Square, Ste 330, Rockville, Maryland 20850.

https://www.montgomerycountymd.gov/PRO/solicitations/

Revised 07/2022 11

4.3.4. Solicitation Preparation Expenses

4.3.4.1. All costs incurred in the preparation and submission of an offeror’s proposal will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County.

4.3.5. Tie Scoring

4.3.5.1. In case of a tie in the numerical Qualification and Selection Committee scoring, the tie will be resolved by offering the proposed contract to the offeror who has its principal place of business in Montgomery County, Maryland. If there is a tie between two or more offers, each of whom have its principal place of business in Montgomery County, Maryland, then the tie will be resolved in accordance with the criteria stated under Procurement Regulation 4.1.2.4(f); See Procurement Regulations at:

(https://www.montgomerycountymd.gov/pro/help.html)

4.3.6. Verbal Explanations

4.3.6.1. Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this or any other solicitation will not be binding on the County.

4.3.7. Health Insurance Preference

4.3.7.1. Only a proposal from a Certified Small Business with Health Insurance that submits a certificate issued by Montgomery County Department of Health and Human Services at the date and time of proposal submission will received a % evaluation factor that will be utilized to recalculate an Offeror’s QSC written or interview score(s) for the Method of Award process, in accordance with the criteria stated under Procurement Regulation 11B.77.01.06;

See Procurement Regulations at: https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html

4.3.8 Local Business Preference

4.3.8.1 Only an Offeror who: (1) has a valid local business certification when the business submits a timely proposal; or (2) has applied for local business certification prior to the due date/time to submit a proposal, will receive an evaluation factor worth 10% of the total points under an RFP, in accordance with Executive Regulations 13-20. Also, refer to:

https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html.

END SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html

5. SECTION B - SCOPE OF SERVICES:

5.1. BACKGROUND

A. Montgomery County, Maryland’s (County) Department of Health and Human Services (DHHS) Aging and

Disability Services Unit (A&D) uses medical supplies and equipment to support the health and safety of County residents participating in A&D services. This Request for Proposals (RFP) is intended to help achieve DHHS’s goal of promoting a healthy, safe, and strong community. The target population for these services is County residents with physical or mental disabilities, chronically or acutely ill with functional disabilities who require services and supplies to enable them to remain in the community and in their own homes to improve their quality of life (Clients).

5.2. INTENT

A. The County intends to award one (1) contract under this RFP. The total estimated Fiscal Year 2026 compensation for the contract resulting from this solicitation is approximately $450,000. On average, approximately 800 medical supplies/equipment are ordered monthly across 200 Clients. The County makes no guarantee of a specific compensation amount. All compensation payable under any contract resulting from this solicitation is subject to and contingent upon the State and County’s appropriation and encumbrance of funding for this program described in this solicitation.

B. In the event the County receives additional funding for services requested under this solicitation, the

County reserves the right to expand the existing scope of services for the resulting contract. Such additional services are not guaranteed and will only be requested if funds for additional services are appropriated and encumbered by the County. These expanded services may be added during negotiations or added via an amendment to the Contract.

C. The Contractor must provide the services required by the County based on the Scope of Services stated in this RFP and its resulting contract.

5.3. SCOPE OF SERVICES

A. The County is seeking an organization to provide medical supplies and equipment, including assembly/installation, throughout the County, delivered directly to eligible Clients’ homes at approximately 150 locations per month. The Offeror awarded a Contract as a result of this solicitation (herein referred to as “Contractor”) must meet all criteria and provide all services as outlined in this RFP.

B. Catalog and Goods

1. The Contractor must provide a medical supply catalog to include a full range of products to meet the needs of the Clients including, but not limited to, the following:

i. Durable Medical Equipment

ii. Incontinence Supplies

iii. Personal Care Supplies

iv. Nutritional Supplements

v. Bariatric/Oversized Equipment

vi. Urological Supplies

vii. Wound Care

viii. Patient Care

ix. Blood Pressure/Diabetes Supplies

x. Pill Boxes

xi. Emergency Response System

xii. Adaptive Equipment

xiii. Dementia Care Devices

xiv. Medical Support Technologies

xv. Personal Protective Equipment (PPE)

2. The Contractor’s catalog must be available publicly online with a URL. The Contractor must also provide the County with a printable list (PDF or Excel) of all catalog items upon County request. The Contractor’s catalog must meet the minimum qualifications as follows:

i. A wide range of durable medical equipment and supply products the Contractor offers, including additional medical products beyond those explicitly listed within this RFP.

ii. The Contractor must provide a discount for all items (County use only).

iii. The Contractor must, upon request from the County, provide additional items aligning with the scope of services but not explicitly listed in this solicitation and/or resulting contract.

iv. The Contractor must notify the County within 24 hours of any modifications to the online catalog.

3. The following supply items are excluded; any exceptions should be pre-approved by the County prior to delivery.

i. Household toiletries, household items, clothing, footwear, or grooming supplies unless the item is designed to address a medical need;

ii. Over the counter medications; and

iii. Basic first aid items.

4. The Contractor must be able to outsource to other suppliers, maintaining originally approved pricing, if regular suppliers do not have the requested medical supplies and/or equipment and notify the County.

C. Orders

1. The Contractor must only accept orders for a Client after the County initiates the first order based on the Client’s needs, with approved County funding and order frequency. The Contractor must accommodate communication from the County, Clients, and/or the Client’s approved representative(s) to adjust their orders. The Contractor must only accept changes within the County approved funding allocation for the Client.

2. The Contractor must develop and maintain a database for collecting all Clients' medical supplies and/or equipment orders.

3. The Contractor must provide the following options for the Client and/or County to place orders: email, phone (or voicemail), and online. The Contractor must accept orders twenty-four (24) hours a day, seven (7) days a week. The Contractor must send a confirmation email to the County with an itemized list summarizing the daily orders, in a format approved by the County, within 24 hours or the next business day. Voice messages must be returned within 24 hours or the next business day.

4. The Contractor must facilitate the following types of orders:

i. One-time orders: Placed as needed by the authorized personnel through a designated ordering system (e.g., email, online, or phone).

ii. Recurring: Automatic based on a pre-defined schedule or order established with the County.

iii. Monthly: Requested by the Client, as needed, within the County authorized monthly allocation.

5. Upon receipt of an order, the Contractor must notify the County immediately if an item is out of stock.

The Contractor must provide the County the option of requesting a backorder, substituting an available product at the contracted discount price, or canceling the item from the order. Under no circumstance is the Contractor permitted to make substitutions without pre-approval from the County. The Contractor must deliver back orders within five (5) business days of the receipt of the original order date for any catalog item. The County reserves the right to cancel any back order, in full or partial refund.

D. Delivery

1. The Contractor must deliver orders within two business days from the date of order (must be received by 2 P.M. Eastern time). All orders placed after 2 P.M. will be considered placed on the next business day. If an order is placed on a weekend or holiday, the official order date defaults to the next business day.

2. The Contractor must notify the Client and the County immediately if a delivery cannot be satisfied within two business days from the date the order was placed, explaining why the delivery cannot be satisfied. Once the delivery is completed, the Contractor must include the reason for the delay on the receipt, which must be provided to the County within 24 hours or the next business day. No penalty will be issued if delivery cannot be made for a reason outside of the Contractor’s control. A 0.5% discount must be provided to the County on the order if the delivery timeframe required in this RFP is not met for a reason within the Contractor’s control.

3. The Contractor must provide emergency medical supplies within the next business day if possible. The County determines emergency orders based on the Client's clinical assessment and will communicate in the request that the order is an emergency. The Contractor must communicate with the County if an emergency item is not available. The County must be notified, and pre-approve, the use of a subcontractor.

4. If an order has multiple items, but some items are unavailable, the Contractor must split the order and deliver available items within two business days.

5. The Contractor must deliver medical supplies and/or equipment to the Client’s address, on the order form, within the County and must be able to accommodate deliveries brought inside the Client’s home at the Client’s or County’s request. No deliveries are permitted outside of the County.

6. The Contractor must ensure that the Client signs a proof of delivery receipt (hardcopy or electronic) upon delivery. The proof of delivery receipt must include the date of delivery, the name and address of the intended recipient, an itemized list of delivered supplies/equipment with description and quantity, signature, and the date of receipt. At no time is the delivery to be left without a signature by someone acknowledging receipt of the delivery.

E. Assembly

1. The Contractor must assemble and/or install medical supplies/equipment within the Client's home upon the County or Client's request. The County will determine when an order needs to be assembled and/or installed and will notify the Contractor prior to delivery. The County is not responsible for any damages to medical supplies/equipment during installation. The Contractor must adhere to local, State, and federal health, safety, and environmental requirements during installation. The Contractor may use a sub-contractor for installation with pre-approval from the County. All subcontractors must adhere to County background policies/procedures. The Contractor, with pre-approval from the County, must assemble and/or install medical supplies/equipment within a week of delivery. The Contractor must notify the County of the anticipated date for assembly/installation.

2. The Contractor must be able to unbox items upon County request.

F. Returns/Exchanges

1. If the Client is unsatisfied for any reason, the Contractor must pick up denied items from the Client in their original, unopened, and undamaged condition within 5 business days. The Contractor must notify the County in the event a Client requests to deny or exchange an item ordered. The County will not incur any costs for the return of denied items.

2. The Contractor must ensure that medical supplies/equipment returned are in their original carton, unused, and including all packing material and manuals. Items shall be inspected upon receipt at the Contractor's distribution center to ensure that the correct item(s) and quantity(s) were returned and to verify the reason for the return. This service shall be at no charge to the County.

3. The Contractor must pick up medical supplies/equipment that are defective, expired, or were not ordered by the County or the Client, regardless of whether medical supplies/equipment have been opened and/or assembled. Return of any defective expired, or unordered item must not incur any cost for the return of items by the County. The County should be notified immediately in the event of any Client’s request to return an item. All items delivered have a shelf life as determined by the manufacturer.

G. Warranty/Maintenance

1. The Contractor must provide a labor warranty, at no additional cost to the County, for all items requiring assembly/installation listed in their online catalog.

2. The Contractor must adhere to, and implement, the manufacturer's warranty for all items listed in their online catalog.

3. The Contractor must provide warranty and repairs for damages provided under the labor warranty while the Client is registered as a County Client.

H. Customer Service/Account Management

1. The Contractor must provide the following customer service/account management:

i. Adequate staff available that are qualified and knowledgeable about the medical supplies/ equipment to provide recommendations for items to be purchased and address identified needs;

and

ii. Adequate staff available to resolve invoice compliance issues, problems/corrections to invoices, changes to orders, and changes to authorized Clients.

I. The Contractor must submit the required monthly and annual reports, as outlined in 5.5 Records and Reports.

J. The Contractor must have a County-approved implementation plan prior to the start date of the contract to ensure the continuation of services for Clients currently receiving medical supplies/equipment. Services must continue at the execution of the contract resulting from this RFP to ensure there is no interruption to direct services.

K. The Contractor must comply with all federal, State, and local laws and regulations governing privacy and the protection of health information, including but not limited to, the Health Insurance Portability and Accountability Act. The Contractor must also provide Background Checks for Staff (http://www.montgomerycountymd.gov/HHS/DoingBuswDHHS.html), and sign a Business Associate Agreement (Attachment D) with the County prior to execution of a contract and comply with its provisions.

L. Upon the expiration or termination of the contract resulting from this RFP, or upon County's request, the

Contractor must provide conversion and all services necessary for an orderly transition of this, in whole or in part, to another contractor, including, without limitation, the transfer of all Clients’ records, financial records pertaining to the program specified in this solicitation, and other data in the possession, custody or control of the Contractor. The County shall facilitate a smooth transition between the outgoing contractor for this program and the incoming contractor.

5.4. CONTRACTOR’S QUALIFICATIONS

A. The Contractor must have at least three (3) years of experience in a durable medical and equipment service operation providing medical supplies and equipment, including assembly and delivery directly to eligible Clients’ homes.

B. The Contractor must have a storefront showroom, owned…