26-25569 - Medical Adult Day Care Private Pay Subsidy IFB.pdf

MEDICAL ADULT DAY CARE PRIVATE PAY SUBSIDY

Solicitation #: OCMP-26-25569 IFB Document

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STATE OF MARYLAND

HEALTH CARE FINANCING & MEDICAID ADMINISTRATION

OFFICE OF LONG TERM SERVICES AND SUPPORTS

(OLTSS)

INVITATION FOR BIDS (IFB)

MEDICAL ADULT DAY CARE PRIVATE PAY SUBSIDY

IFB NUMBER OCMP-26-25569

EMMA # BPM058856

ISSUE DATE: SEPTEMBER 22, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Medical Adult Day Care Private Pay Subsidy

Solicitation Number:

OCMP-26-25569

IFB Issue Date: 09/22/2026

IFB Issuing Office:

Maryland Department of Health - Office of Long Term Services and Supports (OLTSS or the “Department”)

Procurement Officer:

Amanda Williams 201 W. Preston Street 4th Floor Baltimore MD 21201

Email:

Phone Number:

amanda.williams1@maryland.gov 667-379-2359

Bids are to be sent to:

Submit on https://emma.maryland.gov/ under Solicitation Number

BPM058856 / OCMP-26-25569

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

Monday, October 5, 2026, at 11:00am Local Time, to be held virtually via the link below:

meet.google.com/ucn-zymh-svn

Or to join by phone please call (US) +1 402-989-0103 and follow the prompts to enter PIN: 727-437-170#

See Section 4.3 for additional details.

See Attachment 2 to RSVP by Thursday, October 1, 2026, at 2:00 PM Local Time, Feel free to contact amanda.williams1@maryland.gov with questions or to RSVP. Please return the Attachment 2 form to amanda.williams1@maryland.gov.

Scheduled Site Visit

N/A

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Questions Due Date and Time:

Questions should be sent to Amanda Williams via email to amanda.williams1@maryland.gov no later than Tuesday, October 13, 2026, at 2:00pm Local Time

Bid Due (Closing) Date and Time:

Thursday, October 22, 2026, at 2:00 pm Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location

Thursday, October 22, 2026, at 3:00 pm Local Time, to be held virtually via the link below:

meet.google.com/qwd-usbh-ioh

Or to join by phone please call (US) +1 – 478-292-3641 and follow the prompts to enter PIN: 769-252-307#

MBE or DBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of 5 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of _0_%

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite quantity contract with firm fixed unit prices as defined in COMAR 21.06.03.06.A(2) (indefinite quantity) and 21.06.03.02.A(1) &

(2) (fixed price and firm fixed price).

Contract Duration:

Three (3) Base Year with Two (2), (1) one-year option period.

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Primary Place of Performance:

As proposed by the Bidder.

SBR Designation: No

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications 7

1.1 Bidder Minimum Qualifications 7

2 Contractor Requirements: Scope of Work 8

2.1 Summary Statement 8

2.2 Background and Purpose 8

2.2.1 Project Goals 10

2.2.2 State Staff and Roles 10

2.2.3 Other State Responsibilities 10

2.3 Contractor Responsibilities and Tasks 11

2.4 Supplemental Category of Work Requirements and Responsibilities 13 3 Standard Terms and Conditions 14

3.1 Contract Initiation Requirements 14

3.2 End of Contract Transition 14

3.3 Invoicing 14

3.3.1 Invoice Submission Schedule 15

3.3.2 Travel Reimbursement 15

3.4 Liquidated Damages 16

3.4.1 MBE Liquidated Damages 16

3.4.2 Liquidated Damages other than MBE 16

3.4.3 Problem Escalation Procedure 16

3.5 Work Orders 16

3.6 Payments by Electronic Funds Transfer 16

3.7 Prompt Payment Policy 17

3.8 Federal Funding Acknowledgement 17

3.9 Conflict of Interest Affidavit and Disclosure 17

3.10 Non-Disclosure Agreement 18

3.10.1 Non-Disclosure Agreement (Bidder/Offeror) 18

3.10.2 Non-Disclosure Agreement (Contractor) 18

3.11 Maryland Healthy Working Families Act Requirements 18

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs) 18

3.13 Insurance Requirements 18

3.14 Corrective Action Plan 19

4 Bid Submission Information and Instructions 21

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4.1 eMaryland Marketplace Advantage (eMMA) 21

4.2 Electronic Means 21

4.3 Pre-Bid Conference 21

4.4 Questions 22

4.5 Bid Due (Closing) Date and Time 22

4.6 Receipt, Opening and Recording of Bids 22

4.7 Duration of Bids 23

4.8 Revisions to the IFB 23

4.9 Cancellations 23

4.10 Incurred Expenses 23

4.11 Protest/Disputes 23

4.12 Bidder Responsibilities 24

4.13 Acceptance of Terms and Conditions 24

4.14 Compliance with Laws/Arrearages 24

4.15 Verification of Registration and Tax Payment 25

4.16 False Statements 25

4.17 Confidentiality of Bids / Public Information Act Notice 25

4.18 Use of Bidder’s Form Not Binding on State 26

4.19 Attachments and Documents Required with the Bid (Table A) 26

4.20 Bid Delivery Instructions 29

4.21 Bid Evaluation Criteria and Award Basis 29

4.22 Tie Bids 30

4.23 Reciprocal Preference 30

4.24 Small Business Preference 31

4.25 Documents Required upon Notice of Recommendation for Contract Award (Table B) 31 5 IFB Appendices and Exhibits 33

5.1 Appendices (Table C) 33

5.2 Exhibits (Table D) 34

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have an existing Medical Adult Day Care Center and at least three (3) years of experience in Medical Adult Day Care services as outlined in COMAR 10.09.07

B. The Bidder shall be licensed to operate the Center in the state of Maryland through the Office of Health Care Quality (OHCQ). Required Documentation: The Bidder shall provide its Bid with its current license or good standing letter from OHCQ.

C. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out attesting to their experience as stated in item (A) listed above.

D. Only the zip code areas shown both in Table 2.1 and on the Bid Form are available for bid.

The Bidder must provide service to any current program Participants as of the Go-Live date of this IFB, if desired by the participant. The Bidder must be able to provide transportation to and from the Center for any of those participants that request it. A participant may not be in transit for more than one hour without an opportunity for a rest stop. The Bidder may bid on more than one area, provided that these service conditions are met.

E. Bidder must be willing to provide service to individuals who cannot pay the full cost of care and pay based on the Ability to Pay Schedule approved by the Secretary of the Maryland Department of Health for the current fiscal year.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): This IFB is issued to provide a range of health and human services through days of service from licensed Medical Adult Day Care Centers, to functionally impaired elderly individuals aged 55 and older who are at risk of institutional placement if their health and social needs are not met. These services are designed to assist individuals to remain at home and in their communities.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.2 This IFB will have up to eight (8) awards to serve current program participants in the counties listed below, in Table 2.1. Average service levels per month during Fiscal Year 2026 are shown. Please note: the number of participants are subject to change and are not guaranteed under the contract (see IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information).

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

2.2 Background and Purpose

The State is issuing this Invitation for Bids to provide a range of health and human services to functionally impaired elderly individuals who are unable to be employed and are at risk of institutional placement if their health and social needs are not met. These services are designed to assist individuals to remain at home and in their communities. Medical Adult Day Care services are to be provided to non-Medicaid participants who do not qualify for Maryland Medicaid’s Medical Adult Day Care Waiver program. Participants are Maryland residents aged 55 years or older who have physical or mental impairments, particularly chronic disease and health problems associated with aging, including Alzheimer's disease and related disorders. Program participants must be recommended for the service by Assessments, Evaluation and Review Services (AERS) in order for the Center to bill for their days of service and obtain the fee subsidy. These participants are unable to pay the full cost of care, and they pay for services based on the Ability to Pay Schedule approved by the Secretary of the Maryland Department of Health for the current fiscal year. Average service levels per month during Fiscal Year 2026 (July 1, 2025, through June 30, 2026) are shown in Table 2.1 below. Please note: The amounts listed are subject to change, based on factors such as the amount of available fiscal year funding or the daily rate for an Actual Day of Service (ADoS), and are not guaranteed under the Contract.

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Table 2.1 Average Monthly Service Levels

County Zip Code Avg # of Participants attending per month

- FY26

Avg # of Days of Service provided per month - FY26

Anne Arundel 21108-1536 12 141

Frederick 21702-2824 13 121

Howard 21044-1945 8 135

Montgomery 20910-2701 7 90

Montgomery 20832-1515 7 127

Prince George’s 20774-2122 21 163

St. Mary’s 20636-2709 7 96

Wicomico 21801-7828 11 144

AERS (Assessments, Evaluation and Review Services) unit staff perform an evaluation to determine the need for Medical Adult Day Care Services and recommend the service, if it is in fact needed.

Note: Participants who are community Medicaid eligible and determined to need a nursing facility level of care are not eligible for the fee subsidy and should access day care services through one of the 1915(c) waivers.

The AERS evaluation for nursing facility level of care must be conducted annually for Program participants eligible for Medicaid. Copies of the AERS evaluations and recommendations must be maintained in the participant's record.

It is important to note that the Office of Long-Term Services and Supports (OLTSS) provides funding through this contract for only a portion of the cost of providing these services.

Participants served under this contract are assessed as co-payment based on their ability to pay, referencing MDH’s current fiscal year ability to pay schedule. This schedule is updated annually at the start of each fiscal year on July 1 and must be adequately documented on a fee assessment form of the Center’s design. Directors have the authority to waive or reduce fees on a case-by-case basis, if warranted. Vendors must also seek other sources of funding, such as food subsidies, United Way, charitable donations, etc. Some vendors rely heavily on donations of supplies and other material from the families of participants or interested supporters of the community.

The vendor must make up the difference between what they receive from OLTSS, the participant, and other sources. Vendors in this program contract to provide these services because it is their mission to provide services to individuals at all income levels, which is critically important since most centers in the State do not service individuals who cannot pay the full cost of care. These

IFB for Office of Long Term Services and Supports (OLTSS) Page 10 of 51 vendors must be extremely creative in finding methods to reduce their costs in order to be able to participate in the OLTSS program.

The amount of funding available through this Contract is only expected to allow for services to current program participants as of the Go-Live date. Participants currently receiving services must receive service under the new Contract(s) resulting from this IFB, if desired by the participant.

Bidders must be willing to provide transportation, to and from the Center to current participants who request the service. A participant may not be in transit for more than one hour without an opportunity for a rest stop. The Bidder may bid on more than one area, provided that these service conditions are met.

2.2.1 Project Goals

2.2.1.1 Provide Actual Days of Service for any eligible participant receiving service as of 03/31/2027, to meet the days requested by the participant, up to the maximum number of days per week as determined by AERS in the participant plan of care.

2.2.1.2 For the provision of the Actual Days of Service, safely transport any eligible participant requesting transportation to and from the Center.

2.2.1.3 After the days of service required by current participants as of 03/31/2027 are met, if funding allows, provide ADoS to any new eligible participants that have received an AERS recommendation for a nursing home level of care with a recommended number of days of service documented in their plan of care.

2.2.2 State Staff and Roles

The State will provide the following in the facilitation of the Contract throughout its duration.

A. The Contract Monitor is the State representative for this Contract and is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Department may change the Contract Monitor at any time by written notice to the Contractor.

B. The Procurement Officer has responsibilities as detailed in the Contract and is the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time with written notice to the Contractor.

2.2.3 Other State Responsibilities

The State will provide information reasonably necessary for the Contractor performance under the Contract.

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2.3 Contractor Responsibilities and Tasks

A. General Requirements

The Contractor shall:

1. Provide Actual Days of Service (ADoS) to program participants, meaning that medical adult daycare services are provided to participants while the participant is present at the Center for a minimum of four (4) hours. The awarded daily rate is a fully loaded price that includes all costs/expenses associated with the provision of services as required by this Contract (this will be submitted in Attachment B Medical Adult Day Care Private Pay Subsidy Financial Proposal # OCMP-26- 25569.) The price shall include, but is not limited to, labor, profit/overhead, general operating, and any and all other expenses. Payment will be based on the total ADoS provided by the Contractor on each monthly invoice, as supported by accompanying participant attendance detail. No other amount will be paid to the Contractor.

2. Perform duties to provide an ADoS as detailed in COMAR 10.09.07.05.

3. Maintain Participant attendance records in accordance with COMAR 10.12.04.26.

4. Comply with all requirements and duties, as set forth in the Appendices.

5. Meet with OLTSS staff upon request to discuss policies and procedures for fulfilling the Contract requirements

6. Use its best efforts to provide all ADoS requested by MDH.

7. The Contractor must ensure that staff adhere to federal and State regulations in the handling of Personally Identifiable Information (PII) and Protected Health Information (PHI) (See Appendix 1 on page 36 for definitions) when collecting and storing patient records.

B. Staffing

The Contractor shall:

1. Ensure staff or personnel read and comply with COMAR 10.09.36 and COMAR 10.09.07.

2. Provide a staff that includes the following positions:

a. Program Director

b. Licensed Registered Nurse

c. Activities Coordinator

d. Licensed Medical Director

e. Licensed Social Worker

3. Provide documentation for licensing and certifications of the staff positions listed in item (B) above as required.

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C. Resource Allocation

The Contractor shall:

1. Utilize other funding sources when available to meet the full cost of providing ADoS. The other funding sources may include but are not limited to charitable contributions, private insurance, other government programs, and other third-party income.

2. Submit a monthly invoice in accordance with Section 3.3 of this Contract, along with a list of Participants served, by the 10th of the month following the delivery of the service.

3. The number of days of service during each Contract year could increase or decrease based on the needs of the State. The Bid Form for this IFB is calculated to reflect the average number of days of service from fiscal year 2026 on an annual basis. The State does not guarantee a minimum number of days annually throughout the duration of the Contract.

4. Provide a copy of the assigned Federal Employee Identification Number (FEIN).

D. Reports

The Contractor shall adhere to the schedule of reports/documents as listed in Table 2.2 below:

Report Due Date

1. Monthly Invoice for Payment 10th of the month following the delivery of service

2. Monthly Client List 10th of the month following the delivery of service (accompanying the invoice)

3. Quarterly Statistical Report Form 10th of the month following the end of the quarter

4. Quarterly Attendance Records 10th of the month following the end of the quarter

5. Adult Evaluation and Review Assessments and Plans of Care

Maintain in patient’s records

6. Comprehensive Assessments Maintain participant’s record, and update as required

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7. Participant’s Centered Plan of Care Maintain participant’s record, and update as required

8. Annual MDH 3423 – Health Care Utilization Review (Rev. 4/95 Appendix 3)

Perform in December for the current calendar year; maintain in participant’s record and have available upon request

9. Annual MDH 3223 – Periodic Health Record Audit (Rev. 4/95 Appendix 4)

Perform in December for the current calendar year; maintain in participant’s record and have available upon request

2.4 Supplemental Category of Work Requirements and Responsibilities

Please see the attached Appendix 8 - Professional Services Supplemental on page 44 associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise

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

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

3.3.1 Invoice Submission Schedule

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

A. Invoices for Days of Service provided to grant participants shall be submitted the 10th day of the month following the delivery of service.

B. A signed invoice cover page on Center letterhead must contain the information listed in Section 3.3

C. A supporting participant list page will be submitted with the invoice cover page, to include the following information to support the days of service being invoiced:

1. Name of grant participant attending the Center for any day during the month being invoiced.

2. The approved Days of Service per week for each participant listed.

3. Columns to the right of the participant names, numbered for each of the days of the month being invoiced.

4. Rows beneath each participant name, to document “Time In” and “Time Out” to show the participant’s time spent at the Center during each day of attendance.

Days with at least four hours should be marked as a billable Day of Service

5. A column to the far right of the page marked “Total DoS Per Participant” in which the total Days of Service being billed for each participant is listed. This represents the total number of days for which that participant spent at least four hours at the Center.

6. A row at the bottom of the page marked “Total DoS Per Day” totals the number of Days of Service being billed for each day of the month.

7. The matching total of the “Total DoS Per Participant” column and the “Total DoS Per Day” row must be clearly shown on the supporting page.

8. A name, position, and signature of a Center staff member as an attestation to the accuracy of the participant attendance data shown on the invoice.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 – Sample Contract.

3.4.2 Liquidated Damages other than MBE

Liquidated damaged other than MBE are identified in Exhibit 2 – Sample Contract.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, 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 and must include:

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

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

D. 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;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

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

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

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year.

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.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The

IFB for Office of Long Term Services and Supports (OLTSS) Page 17 of 51 successful Bidder 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://marylandcomptroller.jotform.com/team/public/GADX10

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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

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

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid

IFB for Office of Long Term Services and Supports (OLTSS) Page 18 of 51 or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

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

3.11 Maryland Healthy Working Families Act Requirements

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

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

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

3.13 Insurance Requirements

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

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

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and two million dollars ($2,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

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C. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

D. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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

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

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

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

3.13.6 Subcontractor Insurance

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

3.14 Corrective Action Plan

A. MDH may issue a request for a CAP to address Contractor performance issues. If any Contractor requirements as described in the IFB or Contract are not satisfactorily performed, in the determination of the Contract Monitor, the Contractor shall submit a CAP upon request, describing all actions it will take to ensure that the impacted requirements will be satisfied thereafter. This CAP must be submitted to the Contract Monitor for approval within five (5) days of the Contract Monitor's written request identifying such deficiencies.

B. The Contractor shall include the following in the CAP:

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a. Background information.

b. Problem definition statement.

c. Findings and root cause description.

d. Corrective actions; and

e. Corrective action implementation dates

C. If the Contract Monitor is not satisfied that the Contractor’s proposed CAP will prevent a recurrence of the deficiency(ies), the Contract Monitor will notify the Contractor and require a revised CAP. The revised CAP must be submitted to the Contract Monitor within three (3) days of the Contract Monitor’s rejection of the previous CAP.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference) summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

4.2 Electronic Means

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

A. Submission of Bond documents determined by the State to require original signatures; or

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

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

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

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

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need

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If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

Bids may not be submitted via email or facsimile

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

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

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4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

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

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision.

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4.12 Bidder Responsibilities

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

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

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

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

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

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

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

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4.15 Verification of Registration and Tax Payment

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

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

4.16 False Statements

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

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

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

B. Make a false or fraudulent statement or representation of a material fact; or C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

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

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation.