Appendix 1- Abbreviations and Definitions (IFB R00B4600179).pdf

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

Appendix 1. Abbreviations and Definitions

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

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

B. 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.

C. 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.

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

E. 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).

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

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

Bidder pursuant to this IFB/RFP.

H. 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 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.

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

J. 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.

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

L. Maryland State Department of Education (MSDE the “Department”).

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

N. Invitation for Bids (IFB) – This Invitation for Bids issued by the Maryland State Department of Education (Department), with the Solicitation Number and date of issuance indicated in the

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

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

P. 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.

https://dsd.maryland.gov/Pages/COMARSearch.aspx

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

Q. 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.

R. 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.

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

Contract, project, Task Order or Work 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 or Work Order.

Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.

T. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work

Order to begin.

U. 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.

V. 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.

W. 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.

X. Request for Proposals (RFP) – This Request for Proposals issued by the Maryland State

Department of Education (Department), with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments and attachments thereto.

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

Y. 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.

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

AA. 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.

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

CC. 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.

DD. 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.

Program Definitions for School Meals Procurement

Local or regional producers are farmers, ranchers, producer, processors or distributors and other businesses involved in food production or distribution that are located in the state or within 400 miles of the delivery destination.

Local or regional food. Locally and Regionally Produced Food means food that is raised, produced, aggregated, stored, processed, and distributed in the locality or region where the final product is marketed to consumers, so that the total distance that the product travels between the farm or ranch where the product originates and the point of sale to the end consumer is at most 400 miles, or both the final market and the origin of the product are within the same state or territory.

Domestic Food. “Agricultural Commodity” means a product grown, processed, and otherwise prepared for sale or distribution exclusively in the United States or its territories, except with respect to minor ingredients. Minor ingredients from nondomestic sources will be allowed to be utilized as a United States product if such ingredients are not otherwise: (1) produced in the

United States; and (2) commercially available in the United States at fair and reasonable prices from domestic sources. The following ingredients are determined by AMS Commodity

Procurement as not available at fair and reasonable prices and are waived from U.S. origin restrictions: (1) Vitamin A (Retinol Palmitate), (2) Vitamin D, (3) Carageenan (stabilizing agent), (4) Sorbic Acid (preservative), (5) Potassium Sorbate (preservative), (6) Rennet

(coagulant), (7) Items excepted from the Buy American Act under FAR 25.104 Nonavailable

Articles.

Regional Food Hub. A regional food hub is a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products primarily from

Appendix 1. Abbreviations and Definitions Effective Date: July 2024 local and regional producers to strengthen their ability to satisfy wholesale, retail, and institutional demand.

Socially Disadvantaged producers. Socially Disadvantaged Farmer or Rancher is a farmer or rancher who is a member of a Socially Disadvantaged Group. A Socially Disadvantaged

Group is a group whose members have been subject to discrimination on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program.

Schools. 7 CFR 210.2: School means: (a) An educational unit of high school grade or under, recognized as part of the educational system in the state and operating under public or nonprofit private ownership in a single building or complex of buildings; (b) any public or nonprofit private classes of preprimary grade when they are conducted in the aforementioned schools; or (c) any public or nonprofit private residential child care institution, or distinct part of such institution, which operates principally for the care of children, and, if private, is licensed to provide residential child care services under the appropriate licensing code by the state or a subordinate level of government, except for residential summer camps which participate in the Summer Food Service Program for Children, Job Corps centers funded by the Department of Labor, and private foster homes. The term “residential child care institutions” includes, but is not limited to: homes for the mentally, emotionally or physically impaired, and unmarried mothers and their infants; group homes; halfway houses; orphanages;

temporary shelters for abused children and for runaway children; long-term care facilities for chronically ill children; and juvenile detention centers. A long-term care facility is a hospital, skilled nursing facility, intermediate care facility, or distinct part thereof, which is intended for the care of children confined for 30 days or more.

Small Business. A small business is generally defined by the U.S. Small Business

Administration (SBA) as a business that is: a for profit-businesses of any legal structure;

independently owned and operated, not nationally dominant in its field, and physically located and operated in the U.S. or its territories.