8-K26-0051-25 Drupal Maintenance and Development.pdf

Solicitation No. K26-0051-25 – Drupal Maintenance and Development

Rev. 11/06/2025

STATE OF MARYLAND

ADMINISTRATIVE OFFICE OF THE COURTS

PROCUREMENT, CONTRACT AND GRANT ADMINISTRATION

187 HARRY S. TRUMAN PARKWAY

ANNAPOLIS, MD 21401

REQUEST FOR PROPOSALS (RFP)

FOR

Drupal Maintenance and Development

Solicitation No. K26-0051-25

To help us improve the quality of the Administrative Office of the Courts solicitations and to make our procurement process more responsive and business friendly, Offerors may provide comments and suggestions regarding this solicitation by utilizing the Intent to Bid under the Submission section of the solicitation.

The sole point of contact for this solicitation is the Procurement Officer. Offerors are specifically directed NOT to contact any other Maryland Judiciary personnel or its contracted consultants for meetings, conferences, or discussions that are specifically related to this RFP at any time prior to any award and execution of a contract. Unauthorized contact with any Maryland Judiciary personnel or the Maryland Judiciary’s contracted consultants may be cause for rejection of the Offeror’s proposal.

Unless otherwise stated in this solicitation, the Maryland Judiciary's Procurement Portal will be the sole method of communication during all phases of the solicitation and award process. We encourage Offerors to whitelist emails from the Procurement Portal to ensure relevant emails are not blocked and/or marked as spam. Additionally, Offerors are strongly encouraged to access the Procurement Portal on a regular basis to view and respond to relevant communications.

Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises (VSBE) are encouraged to respond to this Request for Proposals.

KEY INFORMATION SUMMARY SHEET

Request for Proposals

Drupal Maintenance and Development

Solicitation No. K26-0051-25

RFP Issue Date: 03/25/2026

RFP Issuing Office: Procurement, Contract and Grant Administration

Procurement Officer: Pamela Malech

Maryland Judiciary, Administrative Office of the Courts

Department of Procurement, Contract and Grant Administration

187 Harry S. Truman Parkway

Annapolis, MD 21401

410-260-1240

Pamela.Malech@mdcourts.gov

Proposal Submission: Submissions are exclusively accepted electronically via the Procurement Portal.

Important Events: Refer to the project details and important events on the Procurement Portal for the date and time of the pre-proposal conference (as applicable), site visit(s) (as applicable), deadline for questions, and solicitation closing date & time.

Contract Term: 07/01/2026 – 06/30/2031

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0% https://www.mdcourts.gov/procurementportal

TABLE OF CONTENTS

SECTION I. GENERAL INFORMATION

A. SUMMARY STATEMENT

B. ABBREVIATIONS AND DEFINITIONS

C. PROCUREMENT OFFICER

D. CONTRACT MANAGER

E. DURATION OF OFFER

F. REVISIONS TO THE RFP

G. CANCELLATIONS

H. PROTESTS/DISPUTES

I. MULTIPLE OR ALTERNATE PROPOSALS

J. ARREARAGES

K. VERIFICATION OF REGISTRATION AND TAX PAYMENT

L. FALSE STATEMENTS

M. PRESS RELEASES

N. PAYMENTS TO SUCCESSFUL OFFEROR

O. NON-DISCLOSURE AGREEMENT

P. DAMAGE TO STATE AND PERSONAL PROPERTY

Q. OFFEROR SECURITY REQUIREMENTS

R. ACCESS TO AOC INFORMATION TECHNOLOGY SYSTEMS

S. ACCESS AND BACKGROUND CHECKS

T. REQUIRED POLICIES, GUIDELINES, AND METHODOLOGIES

U. SUBSTITUTION OF KEY PERSONNEL

V. END OF CONTRACT TRANSITION

SECTION II. INSTRUCTIONS TO OFFERORS

A. CONTRACT TYPE

B. PROCUREMENT METHOD

C. AWARD BASIS

D. PRE-PROPOSAL CONFERENCE

E. QUESTIONS

F. PROPOSAL CLOSING DATE & TIME

G. ORAL PRESENTATIONS & DISCUSSIONS

H. INCURRED EXPENSES

I. ECONOMY OF PREPARATION

J. PUBLIC ACCESS TO JUDICIAL RECORDS

K. OFFEROR RESPONSIBILITIES

L. ACCEPTANCE OF TERMS & CONDITIONS

M. ACCEPTANCE OF SERVICES

N. DIVERSITY & OUTREACH PROGRAMS

O. INSURANCE

P. PROPOSAL AFFIDAVIT

Q. CONTRACT AFFIDAVIT

SECTION III. SCOPE OF WORK

A. SUMMARY

B. BACKGROUND INFORMATION

C. OFFEROR MINIMUM QUALIFICATIONS

D. SCOPE OF WORK

E. SCHEDULE & COORDINATION

SECTION IV. PROPOSAL FORMAT

A. PROPOSAL SUBMISSION

B. TECHNICAL PROPOSAL

C. FINANCIAL PROPOSAL

SECTION V. EVALUATION PROCEDURE

A. EVALUATION COMMITTEE

B. TECHNICAL PROPOSAL CRITERIA

C. FINANCIAL PROPOSAL CRITERIA

D. SELECTION PROCEDURES

E. DEBRIEFING

ATTACHMENTS

Attachment A – Standard Contract Agreement Sample

Attachment B – Proposal Affidavit

Attachment C – Contract Affidavit Sample

Attachment E – Bid/Price Proposal Form

Attachment F – Non-Disclosure Agreement Sample

Attachment L – Bidder/Offeror Profile

Attachment M – Bidder/Offeror Experience

SECTION I. GENERAL INFORMATION

A. SUMMARY STATEMENT

The Administrative Office of the Courts (AOC) issues this Request for Proposals (RFP) on behalf of the

Government Relations and Public Affairs Division (GRPA) for Drupal maintenance and development for two websites, one (1) public and one (1) an intranet site restricted to Judiciary employees.

B. ABBREVIATIONS AND DEFINITIONS

For this RFP, the following abbreviations or terms have the meanings indicated below:

1. AOC – Administrative Office of the Courts

2. Contract – A formal, written agreement entered into by the Judiciary for the provision of materials, supplies, and/or services. A Contract sample is attached to this solicitation as Attachment A.

3. Contract Manager – The AOC representative that serves as the technical manager for the resulting contract. The Contract Manager monitors the daily activities of the contract and provides technical guidance to the Successful Offeror.

4. Diversity & Outreach Programs – Judiciary Program established to encourage and increase participation in Judiciary procurement by underrepresented or disadvantaged groups. The Program includes Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises

(VSBE).

5. eMMA – eMaryland Marketplace Advantage online procurement platform used to connect the supplier community with contracting opportunities from with the state, county, and local government entities.

6. Extraordinary Personal Event – Leave under the Family Medical Leave Act; an incapacitating injury or incapacitating illness; or, other circumstances that in the sole discretion of the AOC warrant an extended leave of absence such as extended jury duty or extended military services that precludes the individual from performing their job duties under the contract.

7. Key Personnel – Offeror personnel or subcontractor personnel who are to be assigned to this contract, as identified in Section IV of this RFP, if the Offeror receives award.

8. Local Time – Time in the Eastern Standard Time Zone.

9. MBE – Minority Business Enterprise means any legal entity, other than a joint venture, organized to engage in commercial transactions, that is at least 51 percent owned and controlled by one or more individuals who are in a minority group (African American, Native American, Hispanic, women, or the physically or mentally disabled) that is socially and economically disadvantaged, and managed and operated by one or more of the socially and economically disadvantaged individuals who own it, and is so certified by the Maryland Department of Transportation.

10. Offeror – An entity that submits a proposal in response to this solicitation.

11. Procurement Officer – The AOC representative responsible for this solicitation, for the determination of contract scope issues, and the only AOC representative who can authorize changes to the contract.

12. Procurement Portal – Strategic sourcing software allowing the Judiciary to receive and evaluate bids and proposals electronically.

13. RFP – Request for Proposals

14. Successful Offeror – The awarded Offeror.

15. VSBE - Veteran-owned Small Business Enterprise means any legal entity that meets the requirements set by the United States Small Business Administration, that is organized to engage in commercial transactions, and is at least 51 percent owned and controlled by one or more individuals who are Veterans, and who manage the operations of the business, and is so registered and certified in eMMA.

C. PROCUREMENT OFFICER

The sole point of contact in the AOC for purposes of this RFP is the Procurement Officer noted on the Key

Information Summary Sheet. The AOC may change the Procurement Officer at any time by written notice to the Offeror. Only information communicated by the Procurement Officer shall be deemed the official position of the AOC. No other State of Maryland or AOC employee, official, or representative has the authority to change the requirements of this solicitation. Attempts by the Offeror to contact members of the evaluation committee, or otherwise circumvent this procedure in any manner may be grounds for disqualification.

D. CONTRACT MANAGER

The Contract Manager for post-award activities will be disclosed to the Successful Offeror. The AOC may change the Contract Manager at any time by written notice to the Successful Offeror.

E. DURATION OF OFFER

Proposals submitted in response to this RFP are irrevocable for 180 days following: (1) the closing date of proposals, (2) Best and Final Offers (BAFOs), if requested, or (3) the resolution date of any protest concerning this RFP. This period may be extended at the Procurement Officer’s request only with the

Offeror’s written agreement.

F. REVISIONS TO THE RFP

1. The AOC reserves the right to amend this RFP at any time prior to the proposal closing date and time. If the RFP is revised prior to the proposal closing date and time, the AOC shall post any addenda to the RFP on the Procurement Portal and shall attempt to provide such addenda to all prospective

Offerors that received the RFP or are otherwise known by the Procurement Officers to have obtained this RFP. It remains the responsibility of all prospective Offerors to review the Procurement Portal for any addenda issued prior to the submission of proposals.

2. If one (1) or more addenda are issued to this RFP, Offerors shall acknowledge receipt of all addenda on the Procurement Portal. Addenda issued after the closing date and time for proposals will be sent only to those Offerors who submitted a timely proposal.

3. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, clarifications, or corrections set forth in the addendum, and may cause the proposal to be deemed not reasonably susceptible of being selected for award.

G. CANCELLATIONS

The AOC reserves the right to cancel this RFP; accept or reject any and all proposals, in whole or in part, received in response to this RFP; or waive or permit cure of minor irregularities and conduct discussions with all Offerors in any manner necessary to serve the best interests of the AOC. The AOC also reserves the right, in its sole discretion, to award a Contract based upon the written proposals received without prior discussions or negotiations.

H. PROTESTS/DISPUTES

Any protest or dispute related to this solicitation or the resulting Contract shall be subject to the provisions of the Judicial Branch Procurement Policy.

I. MULTIPLE OR ALTERNATE PROPOSALS

Neither multiple nor alternate proposals will be accepted.

J. ARREARAGES

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

Contract award.

K. VERIFICATION OF REGISTRATION AND TAX PAYMENT

1. Before an entity can do business in the State of Maryland, it must be registered with the Department of Assessments and Taxation (SDAT), State Office Building, 123 Market Place, Baltimore, Maryland 21202. For registration information, visit:

https://www.egov.maryland.gov/businessexpress

2. It is strongly recommended that any potential Offerors complete the registration prior to the closing date for receipt of proposals. An Offeror’s failure to complete the registration with SDAT may disqualify an Offeror from final consideration and recommendation for Contract award.

L. FALSE STATEMENTS

Offerors are advised that in connection with a procurement contract, a person may not willfully: Falsify, conceal, or suppress a material fact by any scheme or device; make a false or fraudulent statement or representation of a material fact; use a false writing or document that contains a false or fraudulent statement or entry of a material fact; or aid or conspire with another person to commit any of the aforementioned acts.

M. PRESS RELEASES

The Successful Offeror shall issue no press release to any publication, including newspapers and social media outlets, regarding work being conducted under the resulting contract from this RFP, or utilize the Maryland

Judiciary brand mark in any marketing materials, without the express written consent of the AOC.

N. PAYMENTS TO SUCCESSFUL OFFEROR

1. By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. The selected Offeror 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 and must include the business identification information as stated on the form and include the reason for the exemption. The COT/GAC X-10 form can be downloaded at:

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

2. Payments to the Successful Offeror shall be made not later than thirty (30) days after the acceptance of deliverables, and receipt of a proper invoice from the Offeror. Any charges of interest or the like for late payment are prohibited.

O. NON-DISCLOSURE AGREEMENT

All Offerors are advised that if a contract is awarded as a result of this RFP, the Successful Offeror shall be required to complete a Non-Disclosure Agreement. A sample of this Agreement is included for informational purposes as Attachment F of this RFP. This signed Agreement must be provided with the Successful Offeror’s signed Contract.

P. DAMAGE TO STATE AND PERSONAL PROPERTY

1. The Offeror, their employees, subcontractors, and agents shall be held directly responsible to repair, replace, or restore to its original condition, to the satisfaction of the AOC, curbs, roadway surfaces, wheel stops, shrubbery, trees, buildings, bollards, gates, light pole, sign poles or any other State-owned property which is damaged by the actions of the above-mentioned representatives.

2. The Offeror, their employees, subcontractors, and agents shall be held directly responsible for any damage caused by their action or inaction to privately-owned property and shall hold the State of

Maryland harmless for such damages.

Q. OFFEROR SECURITY REQUIREMENTS

1. The Successful Offeror, and all Successful Offeror personnel and subcontractor personnel assigned to the Contract, must comply with all applicable federal and state laws, regulations, policies, and

AOC policies and procedures for the duration of the contract.

https://www.egov.maryland.gov/businessexpress https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

2. The Successful Offeror must comply with the Judicial Information Systems (JIS) Information

Security Policy. The Information Security Policy closely aligns with guidelines published by the

National Institute of Standards and Technology. The Information Security Policy is available online at: http://www.mdcourts.gov/procurement/index.html.

3. The AOC reserves the right to monitor all applicable computer and electronic equipment usage for compliance with its policies.

R. ACCESS TO AOC INFORMATION TECHNOLOGY SYSTEMS

1. The Successful Offeror’s personnel shall complete all required paperwork as directed for access to any AOC information systems.

2. The Successful Offeror shall ensure the list of authorized Offeror personnel is always maintained and accurate. The system access rights of Successful Offeror personnel must be updated no later than twenty-four (24) hours after notification of the change in status; therefore, the Successful Offeror shall immediately notify the Contract Manager and JIS Information Security of any termination of

Successful Offeror personnel or if any approved Successful Offeror personnel no longer require access to an AOC system. The AOC security identification badge and all issued AOC assets must be immediately returned to the Contract Manager.

3. To ensure compliance with the JIS Information Security Policy, the approval, configuration, and monitoring of secured remote access into AOC systems will be processed by JIS staff. All remote connections that utilize a shared infrastructure must utilize encryption for transmission of data and authentication.

4. Any software used to meet the requirements of this solicitation, on any AOC system, must be included in the Offeror’s technical proposal. Software must be assessed by JIS and approved by the

JIS Chief Information Officer. At the discretion of JIS, proposed software may be determined to be a risk to system and information integrity security controls and therefore rejected. If software is to be used remotely, the Judiciary shall control the method of access to our network via Virtual Private

Network (VPN), firewall configurations, and/or segregating remote machine access within our environment.

5. Offerors using an As-a-Service (e.g., infrastructure, software, platform, hardware) subservice hosting provider (e.g., Microsoft Azure, Amazon Web Services, Google Cloud Platform) must submit a current Service Organization Control (SOC) 2 Type II report, or equivalent (as determined by the

AOC), for the subservice and for the As-a-Service service provider. A SOC 2 Type II report for the subservice alone does not meet the requirements of this solicitation.

S. ACCESS AND BACKGROUND CHECKS

1. Successful Offeror may be required to submit the following information for AOC engagements for

Successful Offeror personnel, subcontractors, third-party resources, temporary employees, and training candidates:

a. Full Name.

b. Phone Number.

c. Personal/Private email with no connection to employer.

d. Emergency contact information.

2. Site visits to any AOC location must be coordinated by AOC staff with the designated site personnel in advance of any visit.

3. Any Successful Offeror personnel working at AOC locations, or on AOC systems or projects, or who have access to AOC or State criminal data or systems, must be approved in writing by the

Procurement Officer prior to beginning work.

http://www.mdcourts.gov/procurement/index.html

4. All Successful Offeror personnel working on AOC premises, property, systems or projects, contracts, or who have access to AOC or State criminal data or systems, may be required to obtain a Criminal

Justice Information System (CJIS) State and Federal criminal background check prior to beginning work. The AOC reserves the right to refuse to allow any Successful Offeror personnel to begin work based upon criminal records.

5. All Successful Offeror personnel assigned to work at AOC locations may be required to obtain an

AOC security identification badge prior to beginning work, and annually thereafter. The Successful

Offeror is responsible for any fees that may be incurred for initial issuance of the badge and for any replacement.

6. The security identification badge shall always be displayed while on AOC premises. To verify identity, the Successful Offeror personnel shall be prepared to provide photo identification upon request by an AOC employee.

7. Successful Offeror personnel are required to immediately notify the Contract Manager, the

Administrative Official of the respective department or office or the Contract Manager, if their security identification badge is lost or stolen.

8. The Successful Offeror personnel must notify the Contract Manager, the Administrative Official of the respective department or office, within one (1) business day if any personnel have been arrested, indicted, served with a criminal summons, named in a peace or protective order, or named as a defendant in any civil case. The Successful Offeror personnel are also required to provide regular updated information regarding the status of any of these court actions.

9. The Contract Manager, in conjunction with the Chief of the Office of Security Administration and the Procurement Officer, may impose restrictive conditions in response to prior criminal convictions, pending criminal charges, or a violation of AOC procedures, including removal from the contract, and/or restricted access to AOC locations or systems.

10. In the event of a security incident or suspected security incident, the Successful Offeror personnel shall immediately notify the Contract Manager.

11. The Successful Offeror personnel shall cooperate fully in all security incident investigations.

12. During the contract, if necessary, for the delivery of goods and services, the Successful Offeror may be provided an AOC asset in the form of a cell phone, laptop, or other electronic device. All AOC devices are the property of the AOC and must be returned in working, acceptable condition at the contract’s conclusion. If said devices are not in working acceptable conditions, Successful Offeror may be responsible for the cost of said device(s). All devices must be regularly updated as specified by the manufacturer and JIS and must adhere to all confidentiality guidelines as provided by JIS and the AOC.

13. If the AOC determines that there is cause for the Successful Offeror’s work to be suspended, the

Successful Offeror shall take the following steps:

a. Immediately cease to represent itself as providing services to the AOC.

b. Deliver to the AOC: (a) a report describing the current state of the Deliverables provided by the Successful Offeror under this Agreement and any applicable Statements of Work outstanding as of the date of termination; (b) all AOC Confidential information in its possession or, at AOC’s option, destroy all such AOC Confidential information; and (c) all work product to the AOC within seven (7) business days as of the date of termination. Work product includes, but is not limited to, works for hire and materials as described in §29.3.

c. The Successful Offeror is responsible for all AOC assets (including but not limited to, laptops, tablets, computers, cell phones, other portable electronic devices, accessories, and peripherals, etc.), that have been provided to the Successful Offeror at the AOC’s cost. All

AOC issued assets are required to be surrendered to the AOC within five (5) business days of the termination of services. Assets will be subject to evaluation and can include normal and expected wear and tear but must be functional and operable. Assets that do not meet this condition may be subject to additional charge to the Successful Offeror. Successful Offeror shall be liable to the AOC for all assets not surrendered.

T. REQUIRED POLICIES, GUIDELINES, AND METHODOLOGIES

The Offeror shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting information technology projects, which may be created or changed periodically by the

AOC. The Offeror shall adhere to and remain abreast of current, new, and revised laws, regulations, policies, standards and guidelines affecting project execution. These may include, but are not limited to:

1. A System Development Life Cycle (SDLC) methodology and framework based on best practices and industry standards, such as the incremental waterfall methodology, and the agile software development framework.

2. The Administrative Office of the Courts Judicial Information Systems Security Policy.

U. SUBSTITUTION OF KEY PERSONNEL

1. Continuous Performance of Key Personnel

a. Key Personnel shall be available to perform Contract requirements as of the Notice to

Proceed Date. Unless explicitly authorized by the Contract Manager or specified in the

Contract, Key Personnel shall be assigned to the AOC as a dedicated resource.

b. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the

Successful Offeror from working under the Contract without the prior written approval of the Contract Manager.

c. The provisions of this section apply to Key Personnel identified in any proposal, bid, or contract.

2. General Substitution Provisions

a. The Successful Offeror shall demonstrate to the Contract Manager’s satisfaction that the proposed substitute has qualifications at least equal to those of the Successful Offeror personnel proposed to be replaced.

b. The Successful Offeror shall provide the Contract Manager with a substitution request that shall include:

(1) A detailed explanation of the reason(s) for the substitution request;

(2) The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

(3) The official resume of the current personnel for comparison purposes; and

(4) Evidence of any required credentials.

c. The Contract Manager may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

d. The Contract Manager will notify the Successful Offeror in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Manager will not unreasonably withhold approval of a proposed

Successful Offeror personnel replacement.

3. Substitution Circumstances

a. Directed Key Personnel Replacement

(1) The Contract Manager may direct the Successful Offeror to replace any Successful

Offeror personnel who, in the sole discretion of the Contract Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, AOC policies, or Contract requirements. In most cases, a directed personnel replacement will occur only after the following:

i If deemed appropriate, at the discretion of the Contract Manager, written notice may be given to the Successful Offeror for any Successful Offeror personnel performance issues, describing the problem and delineating the remediation requirement(s).

1. The Successful Offeror shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the

Remediation Plan upon written acceptance by the Contract

Manager.

2. If the Contract Manager rejects the Remediation Plan, the

Successful Offeror shall revise and resubmit the plan to the Contract

Manager within five (5) days, or in the timeframe set forth by the

Contract Manager in writing.

ii If performance issues persist despite an approved Remediation Plan, the

Contract Manager may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Successful Offeror personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Successful Offeror personnel at issue.

(2) Replacement or substitution of Successful Offeror personnel under this section shall be in addition to, and not in lieu of, the AOC remedies under the Contract or which otherwise may be available at law or in equity.

(3) If the Contract Manager determines the need for direct personnel replacement, at least fifteen (15) days advance notice shall be given to the Successful Offeror, if possible. However, if the Contract Manager deems it necessary and in the AOC best interests to remove the Successful Offeror personnel with less than fifteen (15) days’ notice, the Contract Manager may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

(4) In circumstances of directed removal, the Successful Offeror shall, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first, in accordance with the provisions of this section.

b. Key Personnel Replacement by Successful Offeror

(1) To replace any Key Personnel in a circumstance other than the substitution provisions and circumstances above, including transfers and promotions, the

Successful Offeror shall submit a substitution request to the Contract Manager at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Manager approves the substitution in writing.

(2) Key Personnel Replacement Due to Sudden Vacancy i The Successful Offeror shall replace Key Personnel whenever a sudden vacancy occurs (e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section I.V.3.b(1).

ii The Successful Offeror shall identify a suitable replacement and provide the same information and items required under Section I.V.2 within fifteen (15) days of the actual vacancy occurrence or from when the Successful Offeror first knew or should have known that the vacancy would be occurring, whichever is earlier.

(3) Key Personnel Replacement Due to an Indeterminate Absence i If any Key Personnel has been absent from his/her job for a period of ten

(10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Successful

Offeror shall identify a suitable replacement and provide the same information and items to the Contract Manager in Section I.V.2.

ii However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract

Manager, the Contract Manager may, at their sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

4. Substitution within thirty (30) days after Contract execution

a. Within thirty (30) days after Contract execution, the Successful Offeror may not substitute proposed Key Personnel except under the following circumstances:

(1) Full-time personnel employed directly by the Successful Offeror.

i Vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel.

(2) Temporary staff, subcontractors or 1099 contractors.

i Vacancy occurs due to an Incapacitating event or the death of such personnel.

b. To qualify for such substitution, the Successful Offeror must demonstrate to the AOC satisfaction the event necessitating substitution.

c. Proposed substitutions shall be of equal caliber or higher, in the AOC sole discretion.

d. Proposed substitutes deemed by the AOC to be less qualified than the originally proposed individual may be grounds for post-award termination.

V. END OF CONTRACT TRANSITION

1. The Successful Offeror shall provide transition assistance as requested by the AOC to facilitate the orderly transfer of services to the AOC or successor, for a period up to 60 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a. Cooperating with AOC or any third party in order to accomplish the transition with as little interruption or disruption of the operations of AOC as possible;

b. Providing additional services and support as requested to successfully complete the transition;

c. Maintaining the services called for by the Contract at the required level of proficiency;

d. Providing updated materials necessary to wholly reproduce and fully operate the most current deployed version of the solution in a manner equivalent to the original solution including, but not limited to:

(1) Source code created by the Successful Offeror or subcontractor(s) and source code that is leveraged or extended by the Successful Offeror for us in the Contract;

(2) All associated rules, reports, forms, templates, scripts, data dictionaries and database functionality;

(3) All associated configuration file details needed to duplicate the run-time environment as deployed in the current deployed version of the system;

(4) All associated design details, flow charts, algorithms, processes, formulas, pseudo-code, procedures, instructions, help files, programmer’s notes and other documentation;

(5) A complete list of third-party, open source, or commercial software components and detailed configuration notes for each component necessary to reproduce the system

(e.g., operating system, relational database, and rules engine software);

(6) All associated user instructions and/or training materials for business users and technical staff, including maintenance manuals, administrative guides, and user how-to guides; and

(7) Current Operating procedures (as appropriate).

2. The Successful Offeror shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Manager. The Contract Manager may provide the Successful

Offeror with additional instructions to meet specific transition requirements prior to the end of the

Contract.

3. The Successful Offeror shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of AOC personnel or a third party, as directed by the

Contract Manager.

4. The Successful Offeror shall support end-of-Contract transition efforts with technical and project support to include, but not be limited to:

a. Providing a draft transition plan 120 days in advance of Contract end date.

b. The transition plan shall address, at a minimum, the following areas:

(1) Any staffing concerns/issues related to the closeout of the Contract;

(2) Communications and reporting process between the Contractor and the Contract

Manager;

(3) Security and system access review and closeout;

(4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the AOC;

(5) Any final training/orientation of Contract Manager staff;

(6) Connectivity services provided, activities and approximate timelines required for transition;

(7) Knowledge transfer, to include:

i A working knowledge of the current system environments as well as the general business practices of the AOC;

ii Review with the AOC the procedures and practices that support the business process and current system environments;

iii Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

iv Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

v A working knowledge of various utilities and corollary software products used in support and operation of the solution;

(8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

(9) Any risk factors with the timing and the transition plan schedule and transition process. The Successful Offeror shall document any risk factors and suggested solutions.

c. The Successful Offeror shall provide copies of any current daily and weekly back-ups to the

AOC or a third party as directed by the Contract Manager as of the final date of transition, but no later than the final date of the Contract.

d. Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in the following section.

5. Return and Maintenance of AOC Data

a. Upon termination or the expiration of the Contract Term, the Successful Offeror shall: (a) return to the AOC all AOC data in either the form it was provided to the Successful Offeror or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all AOC data until the earlier of a direction by the AOC to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Successful

Offeror shall securely dispose of and permanently delete all AOC data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to

National Institute of Standards and Technology (NIST) approved methods with certificates of destruction to be provided to the AOC; and (d) prepare an accurate accounting from which the AOC may reconcile all outstanding accounts.

b. During any period of service suspension, the Successful Offeror shall maintain all AOC data in its then existing form, unless otherwise directed in writing by the Contract Manager.

c. In addition to the foregoing, the AOC shall be entitled to any post-termination/expiration assistance generally made available by Successful Offeror with respect to the services.

END OF SECTION I.

SECTION II. INSTRUCTIONS TO OFFERORS

A. CONTRACT TYPE

The Contract that results from this RFP shall be based on Labor Hour, Not to Exceed (NTE).

B. PROCUREMENT METHOD

The Contract resulting from this RFP shall be awarded in accordance with the Request for Proposals (RFP) process under the Judicial Branch Procurement Policy.

C. AWARD BASIS

A contract shall be awarded to the responsible Offeror(s) submitting the proposal that has been determined to be the most advantageous to the AOC, considering price and evaluation factors set forth in this RFP, for providing the goods and/or services as specified in this RFP. The AOC intends to make a single award under this RFP.

D. PRE-PROPOSAL CONFERENCE

1. A Pre-proposal Conference and site visit (as applicable) may be held on the date and time, and at the location (i.e., virtual or on-premises) indicated in the project details and important events sections of the solicitation on the Procurement Portal.

a. If the Pre-proposal Conference will be held virtually, Offerors shall register using the registration link located in the important events section of the solicitation on the Procurement

Portal.

2. Offeror’s attendance at the Pre-proposal Conference is encouraged to facilitate better preparation of proposals. If the solicitation includes an MBE or VSBE goal, failure to attend the Pre-proposal

Conference will be taken into consideration as part of the evaluation of an Offeror’s good faith effort if there is a waiver request.

3. It is highly recommended that all Offerors invite their intended subcontractors to the Pre-proposal

Conference (and site visit) to ensure that all parties understand the requirements of the RFP, and the

MBE and/or VSBE goal

4. MBE & VSBE subcontractors are encouraged to attend the Pre-bid Conference to solicit their services to potential Bidders. In addition, all potential subcontractors, including potential MBE &

VSBE subcontractors, are encouraged to submit as an interested subcontractor on the Procurement

Portal for this specific opportunity under the Interested Contractor section.

5. If there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) business days prior to the Pre-proposal

Conference. The AOC will make a reasonable effort to provide such special accommodations.

E. QUESTIONS

1. Offerors shall direct all communication regarding this RFP to the Procurement Officer. Submit questions to the Procurement Officer through the opportunity Q&A section on the Procurement

Portal no later than the date indicated on the solicitation.

2. The Procurement Officer, based on the availability of time to research and communicate, shall answer questions at their discretion prior to the proposal closing date and time.

3. Answers to all substantive questions that are not clearly specific only to one (1) Offeror will be answered via Addenda and will be furnished to all potential Offerors known to have received the

RFP as posted on the Procurement Portal.

4. The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the AOC unless issued in writing as an addendum.

F. PROPOSAL CLOSING DATE & TIME

1. Proposals must be received through the Procurement Portal not later than the date and time indicated on the solicitation. Offerors shall allow sufficient time to complete the submission process on the

Procurement Portal. Untimely proposals will not be considered.

2. Proposals may be modified or withdrawn by the Offeror through the Procurement Portal any time before the date and time set forth in the solicitation.

3. Unless specifically requested, proposals not submitted electronically through the Procurement Portal will not be accepted.

G. ORAL PRESENTATIONS & DISCUSSIONS

1. Offerors may be required to participate in oral presentations. Oral Presentations are considered part of the Technical Proposal. Material representations made by an Offeror during the oral presentation shall be submitted in writing. Any such representations will become part of the Offeror’s proposal and are binding if the Contract is awarded.

2. The AOC may hold discussions with all Offerors judged reasonably susceptible of being selected for award, or potentially so. However, the AOC also reserves the right to make an award without holding discussions. With or without discussions, the AOC may determine an Offeror to be not responsible and/or not reasonably susceptible of being selected for award, at any time after the initial closing date for receipt of proposals and prior to contract award.

H. INCURRED EXPENSES

The AOC will not be responsible for any costs incurred by an Offeror in preparing and submitting a proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities relative to

I. ECONOMY OF PREPARATION

Proposals shall be prepared simply and economically providing a straightforward, concise description of the

Offeror’s ability to meet the requirements of this RFP.

J. PUBLIC ACCESS TO JUDICIAL RECORDS

1. An Offeror shall specifically identify those portions of its proposal that it considers confidential, proprietary commercial information, or trade secret, and provide justification why such materials, upon request, shall not be disclosed by the AOC under Title 16, Chapter 900 of the Maryland Rules.

2. The inspection of Judiciary procurement documents shall be governed exclusively by the Judicial

Branch Procurement Policy. Procurement documents are presumed to be open to the public for inspection, except as otherwise provided by the Judicial Branch Procurement Policy.

K. OFFEROR RESPONSIBILITIES

1. Offerors shall be responsible for all goods and/or services and requirements set forth in this RFP including the contract performance of any subcontractor participation.

2. All subcontractors must be identified and a complete description of their role relative to the proposal must be included in the Offeror’s proposal. If the Successful Offeror requires the use of a subcontractor during the life of the Contract that was not identified in the proposal or the role of an identified subcontractor otherwise changes, the Successful Offeror shall obtain approval from the

Contract Manager. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) shall be identified as provided in the appropriate MBE/VSBE forms attached to

3. If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror such as, but not limited to, references and financial reports, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s proposal must contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization consents to the terms of the RFP and will guarantee the performance of the subsidiary.

4. A parental guarantee of the performance of the Offeror under this section will not automatically result in crediting the Offeror with the experience or qualification of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications. The Offeror will be evaluated on the extent to which the AOC determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, 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

AOC.

5. The Successful Offeror will be required to follow all current Judiciary protocols referencing pandemic flu or other infectious diseases including, but not limited to, proof of vaccination, producing negative COVID tests, completing/passing an initial screening questionnaire, non-contact temperature taking, the wearing of personal protective equipment (e.g., face mask), and practicing appropriate social distancing. Failure to comply with any of the Judiciary’s protocol could result in being denied entry into Judiciary workspace, and mitigation up to and including contract termination.

L. ACCEPTANCE OF TERMS & CONDITIONS

1. By submitting a proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Standard Contract Agreement Sample attached hereto as Attachment A.

2. Any exceptions to the terms and conditions of this RFP or the Contract must be clearly identified in the Technical Proposal. All exceptions will be taken into consideration when evaluating an Offeror’s proposal.

3. A proposal that takes exception to these terms may be rejected and therefore determined to be not reasonably susceptible of being selected for award.

4. By submitting a proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the contract.

M. ACCEPTANCE OF SERVICES

1. The Contract Manager or his/her designated representative has authority to determine the acceptable level of service.

2. When the Contact Manager or his/her designee determines that the Successful Offeror service is unsatisfactory, the Successful Offeror shall return to the site at the request of the AOC, or an authorized designee, and resolve the issue at no additional cost to the AOC.

N. DIVERSITY & OUTREACH PROGRAMS

The objective of the Diversity & Outreach Programs is to encourage and increase participation in AOC procurements by Minority Business Enterprises (MBE) and Veteran-owned Small Business Enterprises

(VSBE).

1. Minority Business Enterprise

MBEs are encouraged to respond to this solicitation notice as Prime Contractors. To participate as an MBE in AOC procurements, MBEs must be certified by the Maryland Department of

Transportation (MDOT). Additional information regarding certification can be located on the MDOT

Website: https://www.mdot.maryland.gov/tso/Pages/Index.aspx?PageId=90

There is no MBE goal established for this solicitation.

2. Veteran-owned Small Business Enterprise

VSBEs are encouraged to respond to this solicitation notice as Prime Contractors. VSBEs must complete three (3) steps: Supplier Registration, Veteran Verification, and VSBE Certification through eMMA. These steps are outlined by the State of Maryland VSBE program. Additional information regarding certification can be located at:

https://gomdsmallbiz.maryland.gov/Pages/VSBE-Program.aspx

There is no VSBE goal established for this solicitation.

O. INSURANCE

1. The Successful Offeror shall maintain, at minimum, the insurance coverages outlined in this section, or any minimum requirements established by law, if higher, for the duration of the contract, including option periods, if exercised. Evidence that the required insurance coverage has been obtained may be provided by Certificates of Insurance duly issued and certified by the insurance company or companies furnishing such insurance.

2. All insurance policies shall be endorsed to provide that the insurance carrier will be responsible for providing immediate notice to the AOC in the event of cancellation or restriction of the insurance policy by either the insurance carrier or the Successful Offeror, at least thirty (30) days prior to any such cancellation or restriction. All insurance policies shall name as an additional insured the

Maryland Administrative Office of the Courts.

3. The requiring of any and all insurance as set forth in this RFP, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract for acceptance and/or approval of any insurance by the Procurement Officer, and shall not be construed as relieving or excusing the Successful Offeror from any liability or obligation imposed upon it by the provisions of the Contract.

4. The following type(s) of insurance and minimum amount(s) of coverage are required and may be satisfied by either individual policies or a combination of individual policies and an umbrella policy:

a. Commercial General Liability

(1) $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury, and $2,000,000 annual aggregate.

(2) A combined single limit per occurrence of $2,000,000 is acceptable.

b. Worker’s Compensation

(1) $500,000 each accident.

(2) $500,000 each disease for each employee.

(3) $500,000 each disease per policy limit.

(4) Coverage must be valid in all states…