BPM030356 - Multi-Test Diagnostic Equipment Rev. 8.26.22.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

REQUEST FOR PROPOSALS (RFP)

MULTI-TEST DIAGNOSTIC EQUIPMENT

RFP NUMBER: 001IT821310 / BPM030356

ISSUE DATE: AUGUST 1, 2022

REVISED: AUGUST 26, 2022

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND

TO THIS SOLICITATION.

Multi-Test Diagnostic Equipment

Solicitation #: BPM030356 RFP Document

RFP for Maryland Department of Health

VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Summary Sheet below for contact information).

Title: Multi-Test Diagnostic Equipment

Solicitation No: BPM030356

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

• Other commitments preclude our participation at this time

• The subject of the solicitation is not something we ordinarily provide

• We are inexperienced in the work/commodities required

• Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

• The scope of work is beyond our present capacity

• Doing business with the State is simply too complicated. (Explain in REMARKS section)

• We cannot be competitive. (Explain in REMARKS section)

• Time allotted for completion of the Proposal is insufficient

• Start-up time is insufficient

• Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

• Proposal requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

• MBE or VSBE requirements (Explain in REMARKS section)

• Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

• Payment schedule too slow

• Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: _______________________________________ Email Address: _____________________

RFP Document

RFP for Maryland Department of Health

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Commodities- Multi-Test Diagnostic Equipment

Solicitation Number: 001IT821310 / BPM030356

RFP Issue Date: August 1, 2022 Revised August 26, 2022

RFP Issuing Office: Maryland Department of Health (MDH or the “Department”)

Procurement Officer: Matthew Smith

301 W. Preston St., M-4

Baltimore, MD 21201 e-mail:

Office Phone:

Matthew.Smith2@maryland.gov

(410) 767-3039

Proposals are to be sent to: Submit via eMMA

Pre-Proposal Conference: Wednesday, August 10 · 2:00 – 3:00pm Local Time

Video call link: https://meet.google.com/pae-kxax-xsv

Or dial: 0232-244-(US) +1 669 PIN: 422 242 268#

Attachment A for directions and instructions.

Questions Due Date and Time August 24 2022, 2:00 pm Local Time

Proposal Due (Closing) Date and Time:

September 6, 2022, 2:00 pm Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite quantity with fixed unit prices

Contract Duration: One (1) Year Base period with No Options

Primary Place of

Performance:

As proposed by the offeror

SBR Designation: No

Federal Funding: Yes

RFP Document

RFP for Maryland Department of Health

TABLE OF CONTENTS – RFP

1 Minimum Qualifications ......................................................................... Error! Bookmark not defined.

1.1 Offeror Minimum Qualifications ................................................ Error! Bookmark not defined.

2 Contractor Requirements: Scope of Work ........................................... Error! Bookmark not defined.

2.1 Summary Statement .................................................................... Error! Bookmark not defined.

2.2 Background and Purpose ............................................................ Error! Bookmark not defined.

2.3 Responsibilities and Tasks.......................................................... Error! Bookmark not defined.

2.4 Deliverables ................................................................................ Error! Bookmark not defined.

2.5 Optional Features or Services, Future Work .............................. Error! Bookmark not defined.

2.6 Service Level Agreement (SLA) ................................................ Error! Bookmark not defined.

3 Contractor Requirements: General ....................................................... Error! Bookmark not defined.

3.1 Contract Initiation Requirements ................................................ Error! Bookmark not defined.

3.2 End of Contract Transition ......................................................... Error! Bookmark not defined.

3.3 Invoicing ..................................................................................... Error! Bookmark not defined.

3.4 Liquidated Damages ................................................................... Error! Bookmark not defined.

3.5 Disaster Recovery and Data ....................................................... Error! Bookmark not defined.

3.6 Insurance Requirements ............................................................. Error! Bookmark not defined.

3.7 Security Requirements ................................................................ Error! Bookmark not defined.

3.8 Problem Escalation Procedure .................................................... Error! Bookmark not defined.

3.9 SOC 2 Type 2 Audit Report ....................................................... Error! Bookmark not defined.

3.10 Experience and Personnel ........................................................... Error! Bookmark not defined.

3.11 Substitution of Personnel ............................................................ Error! Bookmark not defined.

3.12 Minority Business Enterprise (MBE) Reports ............................ Error! Bookmark not defined.

3.13 Veteran Small Business Enterprise (VSBE) Reports ................. Error! Bookmark not defined.

3.14 Work Orders ............................................................................... Error! Bookmark not defined.

3.15 Additional Clauses ...................................................................... Error! Bookmark not defined.

4 Procurement Instructions ....................................................................... Error! Bookmark not defined.

4.1 Pre-Proposal Conference ............................................................ Error! Bookmark not defined.

4.2 eMaryland Marketplace Advantage (eMMA) ............................ Error! Bookmark not defined.

4.3 Questions .................................................................................... Error! Bookmark not defined.

4.4 Procurement Method .................................................................. Error! Bookmark not defined.

4.5 Proposal Due (Closing) Date and Time ...................................... Error! Bookmark not defined.

RFP Document

RFP for Maryland Department of Health

4.6 Multiple or Alternate Proposals .................................................. Error! Bookmark not defined.

4.7 Economy of Preparation ............................................................. Error! Bookmark not defined.

4.8 Public Information Act Notice ................................................... Error! Bookmark not defined.

4.9 Award Basis ................................................................................ Error! Bookmark not defined.

4.10 Oral Presentation ........................................................................ Error! Bookmark not defined.

4.11 Duration of Proposal ................................................................... Error! Bookmark not defined.

4.12 Revisions to the RFP .................................................................. Error! Bookmark not defined.

4.13 Cancellations .............................................................................. Error! Bookmark not defined.

4.14 Incurred Expenses ...................................................................... Error! Bookmark not defined.

4.15 Protest/Disputes .......................................................................... Error! Bookmark not defined.

4.16 Offeror Responsibilities .............................................................. Error! Bookmark not defined.

4.17 Acceptance of Terms and Conditions ......................................... Error! Bookmark not defined.

4.18 Proposal Affidavit ...................................................................... Error! Bookmark not defined.

4.19 Contract Affidavit ....................................................................... Error! Bookmark not defined.

4.20 Compliance with Laws/Arrearages ............................................ Error! Bookmark not defined.

4.21 Verification of Registration and Tax Payment ........................... Error! Bookmark not defined.

4.22 False Statements ......................................................................... Error! Bookmark not defined.

4.23 Payments by Electronic Funds Transfer ..................................... Error! Bookmark not defined.

4.24 Prompt Payment Policy .............................................................. Error! Bookmark not defined.

4.25 Electronic Procurements Authorized .......................................... Error! Bookmark not defined.

4.26 MBE Participation Goal ............................................................. Error! Bookmark not defined.

4.27 VSBE Goal ................................................................................. Error! Bookmark not defined.

4.28 Living Wage Requirements ........................................................ Error! Bookmark not defined.

4.29 Federal Funding Acknowledgement ........................................... Error! Bookmark not defined.

4.30 Conflict of Interest Affidavit and Disclosure ............................. Error! Bookmark not defined.

4.31 Non-Disclosure Agreement ........................................................ Error! Bookmark not defined.

4.32 HIPAA - Business Associate Agreement ................................... Error! Bookmark not defined.

4.33 Nonvisual Access ....................................................................... Error! Bookmark not defined.

4.34 Mercury and Products That Contain Mercury ............................ Error! Bookmark not defined.

4.35 Location of the Performance of Services Disclosure ................. Error! Bookmark not defined.

4.36 Department of Human Services (DHS) Hiring Agreement ........ Error! Bookmark not defined.

4.37 Small Business Reserve (SBR) Procurement ............................. Error! Bookmark not defined.

4.38 Bonds .......................................................................................... Error! Bookmark not defined.

4.39 Maryland Healthy Working Families Act Requirements ........... Error! Bookmark not defined.

5 Proposal Format ...................................................................................... Error! Bookmark not defined.

5.1 Two Part Submission .................................................................. Error! Bookmark not defined.

5.2 Proposal Delivery and Packaging ............................................... Error! Bookmark not defined.

5.3 Volume I - Technical Proposal ................................................... Error! Bookmark not defined.

5.4 Volume II – Financial Proposal .................................................. Error! Bookmark not defined.

6 Evaluation and Selection Process ........................................................... Error! Bookmark not defined.

6.1 Evaluation Committee ................................................................ Error! Bookmark not defined.

6.2 Technical Proposal Evaluation Criteria ...................................... Error! Bookmark not defined.

6.3 Financial Proposal Evaluation Criteria ....................................... Error! Bookmark not defined.

6.4 Reciprocal Preference ................................................................. Error! Bookmark not defined.

6.5 Selection Procedures................................................................... Error! Bookmark not defined.

6.6 Documents Required upon Notice of Recommendation for Contract Award . Error! Bookmark not defined.

7 RFP ATTACHMENTS AND APPENDICES ....................................... Error! Bookmark not defined.

Attachment A. Pre-Proposal Conference Response Form ..................... Error! Bookmark not defined.

Attachment B. Financial Proposal Instructions & Form ....................... Error! Bookmark not defined.

Attachment C. Proposal Affidavit ............................................................ Error! Bookmark not defined.

Attachment D. Minority Business Enterprise (MBE) Forms ................ Error! Bookmark not defined.

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms ..... Error! Bookmark not defined.

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts .......... Error!

Bookmark not defined.

Attachment G. Federal Funds Attachments ............................................ Error! Bookmark not defined.

Attachment H. Conflict of Interest Affidavit and Disclosure ................ Error! Bookmark not defined.

Attachment I. Non-Disclosure Agreement (Contractor) ...................... Error! Bookmark not defined.

Attachment J. HIPAA Business Associate Agreement .......................... Error! Bookmark not defined.

Attachment K. Mercury Affidavit ............................................................ Error! Bookmark not defined.

Attachment L. Location of the Performance of Services Disclosure .... Error! Bookmark not defined.

Attachment M. Contract ............................................................................ Error! Bookmark not defined.

Attachment N. Contract Affidavit ........................................................... Error! Bookmark not defined.

Attachment O. DHS Hiring Agreement ................................................... Error! Bookmark not defined.

Appendix 1. – Abbreviations and Definitions .............................................. Error! Bookmark not defined.

Appendix 2. – Bidder/Offeror Information Sheet ....................................... Error! Bookmark not defined.

Appendix 3. - Technical Evaluation Worksheet Sample……………………………………………..…2

RFP Document

RFP for Maryland Department of Health

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

As part of the determination to be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that, within the last five (5) years, the following

Minimum Qualifications have been met:

1.1.1 The Offeror shall have been in the business of providing medical equipment for three (3) years of the last five (5) years from the date of proposal submission.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its

Proposal two (2) or more references from the past five (5) years with the information specified in

Section 5.3.2 I that collectively attest to the Offeror’s required years of experience in providing medical equipment.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP Document

RFP for Maryland Department of Health

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Health (MDH or the “Department”) is issuing this Request for

Proposals (RFP) in order to acquire high quality diagnostic laboratory multi-test equipment to distribute to Maryland primary care offices. These diagnostic platforms will be able to assist primary physicians to quickly diagnose differentially symptomatic patients suffering from one of a number of respiratory diseases (i.e. Respiratory Syncytial Virus (RSV), Influenza A or B, and coronavirus disease 2019 [(COVID-19]) as well as reducing the spread of respiratory viruses. In doing so, MDH will build upon its current capacity for syndromic surveillance and quickly detect infectious respiratory viruses before such infections become more widespread.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State.

2.1.3 The Department intends to make a single award to a firm who meets the requirements outlined as a result of this RFP. See RFP Section 4.9 Award Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

Contract.

2.1.6 Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

A. Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity

B. Shall not constitute purchases by the State or State agencies under the Contract

C. Shall not be binding or enforceable against the State; and

D. May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.7 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background, Purpose and Goals

The Maryland Department of Health (MDH) is continuing its effort in implementing proactive measures of preparedness in response to the health and safety of all Marylanders. Currently it takes

3 days on average for patients to receive test results for detection of respiratory diseases to include

Influenza strains A and B as well as COVID-19. The State is issuing this solicitation for multi-test

RFP Document

RFP for Maryland Department of Health diagnostic equipment to help facilitate the reduction of time and to meet the project goals listed in

2.2.1.

2.2.1 Project Goals.

The Department desires to accomplish the following through this contract

A. Obtain Clinical Laboratory Improvement Amendments (CLIA) waived diagnostic test equipment that is capable of performing multiple tests simultaneously to quickly identify and differentiate a number of respiratory viruses. The test platforms must be able to report a result within 60 minutes or less and accurately diagnose a symptomatic patient with respiratory syncytial virus (RSV), Influenza A and B, and coronavirus disease 2019 (COVID-19);

B. Build upon MDH’s current syndromic surveillance capabilities to quickly identify the emergence of infectious diseases at the state and local level

C. Reduce the spread of respiratory viruses among Maryland residents through the use of this multi-test diagnostic equipment

D. Reduce test to result length of time it takes to get a test result for COVID-19 and other respiratory diseases from days to an hour or less

E. Increase quality of care with Department; and

F. Address the COVID-19 pandemic and prepare for future respiratory pathogen threats

2.2.2 Existing Reporting

A. Currently, the equipment identified in this RFP does not exist at the physician offices where it is to be used and there is no related reporting that exists; the State prefers a solution that has the ability to transfer results electronically to a physician practice’s existing Electronic

Health Record (EHR) system and that the physician’s office may choose to implement as described in the Offeror’s Technical Proposal.

B. Equipment that has the ability to transfer test results automatically to an EHR will receive more consideration during the evaluation process

2.3 Responsibilities and Tasks

2.3.1 Testing Equipment

The Contractor must provide the following:

2.3.1.1 Provide diagnostic platforms capable of syndromic panel testing that further meet the requirements of this RFP (hereinafter referred to as the “testing equipment” or the

“product”) at the unit prices it proposes in Attachment B, the Financial Proposal

Form.

2.3.1.2 Testing equipment must have an Emergency Use Authorization (EUA) from the Food and Drug Administration to detect COVID-19.

2.3.1.3 Testing equipment must have a CLIA certificate of waiver for use in a physician’s office.

2.3.1.4 Testing equipment must detect at least four viruses simultaneously, including RSV, Influenza A, Influenza B, and COVID-19. Testing platforms that have the ability to

RFP Document

RFP for Maryland Department of Health accommodate testing for additional viruses to be determined in the future will be more favorably evaluated. See Section 5.3.2.F.

2.3.1.5 Testing equipment must be able to derive results for viruses specified in Section 2.3.1.4 from a single sample in 60 minutes or less from collection to analyses.

2.3.1.6 Testing equipment must have EUA from the Food and Drug Administration to detect

COVID-19.

2.3.1.7 A desired characteristic of the selected product is the ability to transfer test results to the physician’s office EHR system. See Section 5.3.2.F.

2.3.1.8 Provide any required test cartridges that end users must use for the testing equipment at a price no more than the price proposed by the Contractor in Attachment B, the

Financial Proposal form. The Contractor shall charge no more than the price it proposes in its Financial Proposal, Attachment B, (but may charge less,) to end users of the State-purchased testing equipment for the duration of the contract. Following the date of Contract expiration, the Contractor shall charge end users no more than its catalog price for any required test cartridges for the testing equipment. This section shall survive termination of the Contract. See Attachment B.

2.3.2 Shipping

Contract must do the following:

2.3.2.1 Include a single unit price per unit of testing equipment, inclusive of all costs including shipping costs in its Financial Proposal as indicated in Attachment B.

2.3.2.2 Ship testing equipment to specified physician’s offices as identified by the Department at the time of order placement. There are 563 physician offices in the program.

2.3.2.3 Track numbers and estimated delivery dates must be provided to the Contract Monitor and recipient

2.3.2.4 Ensure testing equipment ordered is shipped and received in no less than Thirty (30)

Business Days from the date the order is placed.

2.3.3 Training and Support

The Contractor must provide the following:

2.3.3.1 The Contractor must provide training and instructions on the following items:

A. Operation and use of multi-test diagnostic equipment

B. Equipment maintenance, troubleshooting and testing equipment use as outlined in its Technical Proposal

C. Product and equipment manual (accessible via Internet and hard copy)

2.3.3.2 Customer Support: Contract must provide the following items:

A. Web-based online customer support access

B. Customer support toll-free telephone line that must be available for a minimum of an 8-hour period during Normal State Business Hours on Business Days (See

Appendix 1 (item R)). Response for customer support inquiries must be answered within one (1) Business Day.

2.3.3.3 Contract must provide a product warranty as described in its Technical Proposal and at a minimum must warranty the following for each unit of testing equipment purchased:

A. The unit operated in accordance with its instructions will not fail for three (3) years from the date of purchase

B. The Contractor will provide for the repair of a non-working machine within five

(5) business days of the machine’s failure to work for the first two instances that a machine fails to work.

C. For the third instance a machine operated in accordance with its instructions fails to work and any subsequent instances of a replacement machine at the same location fails to work, the Contractor will replace the machine at no cost to the

Department.

2.3.4 Warranty for Contractor-Supplied Hardware and Materials

A. The State requires that the Offeror provide fully functional equipment.

B. The Contractor shall at a minimum provide the manufacturer’s standard warranty for the item. Offeror shall identify the duration of the standard warranty that should not be less than three (3) years and subject to the requirements of Section 2.3.3.2. Any warranty period for goods and services will not commence until acceptance of the products or services by the

Department. Notwithstanding anything to the contrary, all defective items must be replaced at no additional cost to the State

C. Acceptance criteria for hardware be a licensed contractor or distributor of items (i.e.

diagnostic equipment). Equipment must be CLIA waived

D. The Contractor shall guarantee that all purchased test cartridges are fully functional.

2.3.5 Project Management Plan/Schedule

The Contractor shall:

A. Develop and submit a Project Management Plan or Schedule that describes how requirements stated in this RFP will be implemented and how requirements will be planned, executed, monitored, controlled, and closed. State approval and acceptance of the plan is required;

B. Ensure that the Project Management Plan or Schedule is developed through a series of integrated processes and is progressively updated throughout the life of the Contract;

2.3.6 Required Project Policies, Guidelines and Methodologies

The Contractor 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. Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised laws, regulations, policies, standards and guidelines affecting project execution. These include, but are not limited to:

A. The State of Maryland System Development Life Cycle (SDLC) methodology at:

https://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx

B. The State of Maryland Information Technology Security Policy and Standards at:

http://www.DoIT.maryland.gov- keyword: Security Policy

C. The State of Maryland Information Technology Non-Visual Standards at:

http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

D. The State of Maryland Information Technology Project Oversight at:

http://doit.maryland.gov/epmo/Pages/ProjectOversight.aspx

E. The Contractor shall follow project management methodologies consistent with the most recent edition of the Project Management Institute’s Project Management Body of

Knowledge Guide

2.3.7 Product Requirements (As Applicable)

A. Offerors may propose open-source software; however, the Offeror must provide operational support for the proposed software as part of its Proposal.

B. Offeror shall be authorized to furnish the proposed goods and services. Offerors proposing to resell services of another entity must be authorized by such other entity (See RFP Section

5.3.2.)

C. No international processing for State Data: As described in Section 3.7 Security

Requirements, Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited.

D. Offeror consistent expiration dates: A PO for a service already being delivered to the

Department under the Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated.

E. Any Contract award is contingent on the State’s agreement, during the Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section

5.3.2. Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

F. The Contractor shall not establish any auto-renewal of services beyond the period identified in Contract documents.

G. In addition to any notices of renewal sent to the Department, Contractors shall email notices

2.4 Deliverables

2.4.1 Deliverable Submission

A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an

Agency Deliverable Product Acceptance Form (DPAF), an example of which is provided on the DoIT web page here:

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAccept anceForm-DPAFsample.pdf

C. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project or Microsoft Visio within two (2) versions of the current version. At the

Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

D. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

F. For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3

Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum

Deliverable Quality.

2.4.2 Deliverable Acceptance

A. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section

2.4.4 Deliverable Descriptions/Acceptance Criteria.

B. The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The

Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

C. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). Following the return of the DPAF indicating

“Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF, or payment may be withheld.

G. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

2.4.3 Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. In each section of the deliverable, include only information relevant to that section of the deliverable.

E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

F. Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

G. Contains no structural errors such as poor grammar, misspellings, or incorrect punctuation.

H. Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

H. A draft written deliverable may contain limited structural errors such as incorrect punctuation and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

2.4.4 Deliverable Descriptions/Acceptance Criteria

In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

Deliverables Summary Table*

ID # Deliverable Description Acceptance Criteria Due Date / Frequency

2.4.4.1 Project Management Plan to

describe implementation solution for transferring data. Reference 2.2.2, 2.3.5 and 2.3.1.7

Provide Project plan or schedule demonstrating tasks, task estimates, resource assignments, and dependencies for both Agency and

Contractor in a MS

Word or .pdf document

Initial Delivery: NTP+

10 Business Days

2.4.4.2 Training Management

Support Plan. Reference

2.3.3

MS Word or .pdf file NTP+ 10 Business days

*The deliverables summary table may not list every contractually required deliverable. Offerors and Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

2.5 Service Level Agreement (SLA)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish a draft Project Schedule (or Project Management Plan) describing the activities for the Contractor, the State, and any third parties for the initiation of the

Contractor’s Solution.

3.2 End of Contract Transition

RESERVED

3.3 Invoicing

3.3.1 General

A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Sherlina Holland, DrPH at e-mail address:

Sherlina.Holland@Maryland.gov.

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address

2) Remittance address

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate

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

5) Invoice date

6) Invoice number

7) State assigned Contract number

8) State assigned (Blanket) Purchase Order number(s)

9) Goods or services provided

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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

E. The State reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the State with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

F. Any action on the part of the State, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§

15-215 through 15-223 and with COMAR 21.10.04.

G. 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.

H. 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.

3.3.2 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B – Financial

Proposal Form) those items shall be billed in the month following the acceptance of the work by the State

B. For items of work for which there is annual pricing, see Attachment B– Financial Proposal

Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract

B. The proper invoice has not been received by the party or office specified in the Contract

C. The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract

D. The item or services have not been accepted

E. The quantity of items delivered is less than the quantity ordered

F. The items or services do not meet the quality requirements of the Contract

G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule

H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

A. Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

B. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

C. The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

D. The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract

Monitor a notice of completion following completion of DR testing.

E. Such contingency and DR plans shall be available for the Department to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.5.2 Data Export/Import

A. The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

B. Any import or export shall be in a secure format per the Security Requirements.

3.5.3 Data Ownership and Access

A. Data, databases and derived data products created, collected, manipulated, or directly purchased as part of an RFP are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution, and other conditions based on appropriate State statutes and regulations.

B. Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except

(1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

C. The Contractor shall limit access to and possession of State data to only Contractor

Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

D. At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents, or employees – be copied, disclosed or retained by the

Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

E. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

3.6 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:

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

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 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 - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000.

The State of Maryland and the Department should be added as a “loss payee.”

D. Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

E. 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.

F. 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.

3.6.2 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.

3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier 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.

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

3.6.5 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.

3.6.6 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.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the

Contract.

3.7.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.7.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7.4 Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and Standards.

These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

B. The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor-owned equipment to a State LAN/WAN.

The Contractor shall:

1) Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5);

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract;

and

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State, and local laws, rules and regulations concerning security of Information

Systems and Information Technology and (ii) comply with and adhere to the State IT

Security Policy and Standards as each may be amended or revised…