Appendix 1 Abbreviations and Definitions.pdf

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

Appendix 1. Abbreviations and Definitions

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

A. Acceptable Use Policy (AUP) - A written policy documenting constraints and practices that a user must agree to in order to access a private network or the Internet.

B. Access – The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any information system resource.

C. Application Program Interface (API) – Code that allows two software programs to communicate with each other.

D. Bid/Proposal – The Bidder’s Bid or, as appropriate, either or both of the Offeror’s Technical or Financial Proposal.

E. Bid Package - The Bidder’s Bid or the Offeror’s Proposal and all required Attachments as identified in IFB/RFP Table A (Attachments and Documents Required with the

Bid/Attachments and Documents Required with Proposal). Any attachments not required will be labeled “Not Applicable” or “N/A” in Table A.

F. Bid/Proposal Price Form or Price Form - The Attachment B The Price Form that contains the prices bid by the Bidder or proposed by the Offeror.

G. Bidder/Offeror – An entity that submits a Bid or Proposal in response to this RFP.

H. Business Day(s) – The official working days of the week to include Monday through Friday.

Official working days excluding State Holidays (see definition of “Normal State Business

Hours” below).

I. COBRA – Consolidated Omnibus Budget Reconciliation Act.

J. COMAR – Code of Maryland Regulations available on-line at https://dsd.maryland.gov/Pages/COMARSearch.aspx

K. Contract – The Contract, in the form of Exhibit 2 hereto, to be awarded to the successful

Bidder pursuant to this RFP.

L. Contract Administrator - The State’s representative responsible for administrative functions for a procurement contract, including written direction, invoice approval, monitoring for compliance with terms/conditions, the scope of work and deliverables, monitoring

MBE/VSBE and Green Purchasing Program compliance, vendor management, compliance and oversight, and achieving completion on time, on budget, and within the scope of the contract.

M. Contract Manager – The State’s representative responsible for overseeing the entire lifecycle of a procurement contract to ensure compliance with state laws, regulations, policies, procedures, and best practices. Key duties include contract development and execution, vendor management, risk management, training and guidance, and continuous improvement.

The Contract Manager is critical in ensuring fiscal responsibility, legal compliance, and the delivery of high-quality services to meet the needs of Maryland’s state agencies and constituents.

N. Contract Monitor – The State representative, or their documented designee, for this Contract who is primarily responsible for Contract administration functions, including, but not limited to, issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and https://dsd.maryland.gov/Pages/COMARSearch.aspx

Appendix 1. Abbreviations and Definitions Effective Date: July 2024 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 Contract

Monitor may be changed at any time by written notice to the Contractor.

O. Contractor – The selected Bidder/Offeror awarded a Contract by the State.

P. Contractor Account Executive – The individual assigned by the Contractor (identified as Key

Personnel in RFP Section 3.10) to oversee all work performed under the Contract and who is the day-to-day Contract contact.

Q. Contractor Account Service Representative - The individual assigned by the Contractor

(identified as Key Personnel in RFP Section 3.10) to provide service to EBD staff.

R. Contractor Personnel – Employees, agents and subcontractor’s employees and agents performing work for or at the direction of the Contractor under the terms of the Contract.

S. Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or other Sensitive Data.

T. Department of Budget and Management or (DBM or the “Department”).

U. EBD - Employee Benefits Division

V. eMMA – eMaryland Marketplace Advantage; the State’s eProcurement system.

W. Enterprise License Agreement (ELA) – An agreement to license the entire population of an entity (employees, on-site contractors, off-site contractors) accessing a software or service for a specified period of time for a specified value.

X. Information System – A discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Y. Information Technology (IT) – All electronic information-processing hardware and software, including: (a) maintenance; (b) telecommunications; and (c) associated consulting services.

Z. Key Personnel – All Contractor Personnel identified in the solicitation as such that are essential to the work being performed under the Contract.

AA. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

BB. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR

21.01.02.01B (54) which is certified by the Maryland Department of Transportation under

COMAR 21.11.03.

CC. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.

DD. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the

Contract, project, Task Order (as applicable) is to begin as of a specified date. The NTP Date is the start date of work under the Contract, project, Task Order. Additional NTPs may be issued by either the Procurement Officer or the Contract Manager regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.

EE. NTP Date – The date specified in a NTP for work on Contract, project, Task Order begin.

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

FF. Personal Information (PI) or Personally Identifiable Information (PII) – As defined by statute under the State Government Article, Annotated Code of Maryland, Section 10-1301(c):

1) “Personal information” means an individual's first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements:

i) a Social Security number;

ii) a driver's license number, state identification card number, or other individual identification number issued by a unit;

iii) a passport number or other identification number issued by the United

States government;

iv) an Individual Taxpayer Identification Number; or

v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual's account.

2) “Personal information” does not include a voter registration number.

GG. Plan Year - January 1 through December 31

HH. Procurement Officer – As defined in COMAR21.01.02.01B.(67) and prior to the award of any

Contract, the sole point of contact in the State for purposes of this solicitation. After a

Contract award, the Procurement Officer has responsibilities as detailed in the Contract and is the only State representative who can authorize changes to the Contract. The Procurement

Officer may be changed at any time by written notice to the Contractor.

II. Protected Health Information (PHI) – Information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

JJ. Request for Proposals (RFP) – This Request for Proposals issued by the Department of Budget and Management (DBM), with the Solicitation Number and date of issuance indicated in the

Key Information Summary Sheet, including any amendments and attachments thereto.

KK. Security Incident – A violation or imminent threat of violation of computer security policies, Security Measures, acceptable use policies, or standard security practices. “Imminent threat of violation” is a situation in which the organization has a factual basis for believing that a specific incident is about to occur.

LL. Security or Security Measures – The technology, policy, and procedures that a) protects and b) controls access to networks, systems, and data.

MM. Sensitive Data - Means PII; PHI; other proprietary or confidential data as defined by the

State, including but not limited to “personal information” under Md. Code Ann., Commercial

Law § 14-3501(e) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to disclosure under the Public Information Act, Title 4 of the General Provisions Article; and information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; or (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information.

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

NN. Software - The object code version of computer programs licensed pursuant to this Contract.

Embedded code, firmware, internal code, microcode, and any other term referring to software that is necessary for proper operation is included in this definition of Software. Software includes all prior, current, and future versions of the Software and all maintenance updates and error corrections. Software also includes any upgrades, updates, bug fixes or modified versions or backup copies of the Software licensed to the State by Contractor or an authorized distributor.

OO. Software as a Service (SaaS) - A software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted. For the purposes of this RFP, the terms SaaS and PaaS are considered synonymous and the term SaaS will be used throughout this document.

PP. Solution - All Software, deliverables, services and activities necessary to fully provide and support the RFP scope of work. This definition of Solution includes all System

Documentation developed as a result of this Contract. Also included are all Upgrades, patches, break/fix activities, enhancements and general maintenance and support of the Solution and its infrastructure.

QQ. State – The State of Maryland, including the agency that is issuing this solicitation and executing the awarded contract.

RR. Source Code – Executable instructions for Software in its high level, human readable form which are in turn interpreted, parsed and/or compiled to be executed as part of a computing system.

SS. System Availability – The period of time the Solution works as required excluding non-operational periods associated with planned maintenance.

TT. System Documentation – Those 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: This includes source code created by the Contractor or subcontractor(s) and source code that is leveraged or extended by the Contractor for use 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) Operating procedures.

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

UU. Task Order - A subset of work requested through secondary competition and authorized by the

Contract Manager performed under the general scope of this RFP, which is defined in advance of Contractor fulfillment, and which may not require a Contract Modification. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a

Task Order.

VV. Technical Safeguards – The technology and the policy and procedures for its use that protect

State Data and control access to it.

WW. Third Party Software – Software and supporting documentation that:

1) are owned by a third party, not by the State, the Contractor, or a subcontractor;

2) are included in, or necessary or helpful to the operation, maintenance, support or modification of the Solution; and

3) are specifically identified and listed as Third Party Software in the Proposal.

XX. Total Bid/Proposal Price - The Bidder’s bid price or evaluated bid price for goods and services in response to this solicitation or the Offeror’s financial proposal price or evaluated financial proposal price, included in Attachment B – Price Form Instructions.

YY. Upgrade - A new release of any component of the Solution containing major new features, functionality and/or performance improvements.

ZZ. Veteran-owned Small Business Enterprise (VSBE) – A business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

AAA. Workday - The State of Maryland multi-tenant, cloud solution that provides human resources, time and payroll, and employee benefits services to State agencies and State employees.