BPM050608 - EM&V - RFP.pdf

Evaluation, Measurement, and Verification of Energy

Programs Services

Solicitation #: BPM050608

RFP Document

RFP for Department of Housing and Community Development Page 1 of 45

STATE OF MARYLAND

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (DHCD)

REQUEST FOR PROPOSALS (RFP)

EVALUATION, MEASUREMENT, AND VERIFICATION OF ENERGY

PROGRAM SERVICES

RFP NUMBER: BPM050608

ISSUE DATE: JUNE 30, 2026

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO OFFERORS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

Solicitation #: BPM050608

RFP Document

RFP for Department of Housing and Community Development Page 2 of 45

STATE OF MARYLAND

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

(DHCD)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Evaluation, Measurement, and Verification of Energy Programs

Services

Solicitation Number: BPM050608

RFP Issue Date: June 30, 2026

RFP Issuing Office: Department of Housing and Community Development (DHCD or the

"Department")

Procurement Officer: Joy Niles

7800 Harkins Road

Lanham, MD 20706

Email:

Phone Number:

Joy.niles@maryland.gov

301.429.7585

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number: BPM050608

To submit a proposal, offerors must first register on emma.maryland.gov.

We recommend registering in advance to become acquainted with the site.

No Bid/Proposal Notice

Feedback Form

*If you are not submitting a proposal for this solicitation, submit

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

July 14, 2026, at 10:00 A.M. Local Time, Via Google Meet Virtual Teleconference, by invitation from Procurement Officer Only

See Section 4.3 for additional details.

See Attachment 2 to RSVP by July 13, 2026, 2 P.M. Local Time to

Attend

Questions Due Date and

Time:

July 21, 2026, 2 P.M. Local Time mailto:Joy.niles@maryland.gov

RFP for Department of Housing and Community Development Page 3 of 45

Proposal Due (Closing)

Date and Time:

August 27, 2026, 2 P.M. Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid/proposal decision is made (see Attachment 1 - No Bid

Notice/Vendor Feedback Form).

MBE Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business

Enterprise (DBE) subcontract participation goal of 8 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

0% for African-American MBEs;

0% for Asian-American MBEs;

0% for Hispanic-American MBEs; and

0% for Woman-Owned MBEs.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of 0%.

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: Three (3) year base, with two additional three (3) - year option terms

Primary Place of

Performance:

Contractor’s place of work.

SBR Designation: No

Federal Funding: No

RFP for Department of Housing and Community Development Page 4 of 45

TABLE OF CONTENTS – RFP

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Purpose and Background

2.3 Contractor Responsibilities and Tasks

2.4 Deliverables

2.5 Experience and Personnel

2.6 Substitution of Personnel

2.7 Substitution Prior to and Within 30 Days After Contract Execution

2.8 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

RFP for Department of Housing and Community Development Page 5 of 45

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Submission Information and Instructions

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award RFP Attachments

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

RFP for Department of Housing and Community Development Page 6 of 45

Minimum Qualifications

1.1 Offeror Minimum Qualifications

This section is inapplicable to this RFP.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Department of Housing and Community Development Page 7 of 45

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Housing and Community Development (“Department”), a principal department of the State of Maryland (“State”), is seeking proposals from qualified Offerors to provide annual evaluation, measurement, and verification (“EM&V”) services under the EmPOWER Maryland

Program, and other energy programs as determined appropriate by the Department.

2.1.2 It is the State’s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. The anticipated duration of services to be provided under this

Contract is three (3) years, with two additional (3) year optional terms, to be exercised in the

Department’s sole discretion.

2.1.3 The Department intends to make a single award as a result of this RFP.

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 entities, local entities, and not-for-profit entities, as defined in State Finance and

Procurement Article Section 13-110(a)(5) - (7), may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the Department. All such purchases:

A) Shall constitute Contracts between the Contractor and that entity;

B) Shall not constitute purchases by the Department under the Contract resulting from this RFP;

C) Shall not be binding or enforceable against the Department; and

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

2.1.7 All Contract prices, terms, and conditions must be provided to any Maryland State entity, local entity, or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not an entity with which Contractor is dealing is a State entity, local entity, or not-for-profit entity, as defined in State Finance and Procurement Article Section 13-

110(a)(5) - (7)

2.2 Purpose and Background

The Department is issuing this RFP to obtain proposals for comprehensive evaluation, measurement, and verification of its energy programs. The current program requiring EM&V, to which the proposal should be the primary focus, is the EmPOWER Maryland Low-Income Energy Efficiency Program. However, the successful Offeror may also be tasked to perform EM&V on other programs as required by the funding sources for those programs. Due to Public Service Commission (PSC) actions, the establishment and feedback from a collaborative group or other stakeholders, changes in funding source requirements, or at the Departments’ discretion, program requirements may change during the duration of the contract term.

RFP for Department of Housing and Community Development Page 8 of 45

The Department administers statewide energy program assistance through multiple programs, using various funding sources. A majority of the work focuses on whole building weatherization and energy measures, but there are also programs that focus on HVAC, follow-up services such as “clean and tunes”, and customer education. The most significant program is the EmPOWER Maryland Limited Income Energy

Efficiency Program (“LIEEP”).

The 2024-2026 LIEEP consists of two primary components: the Whole Home Efficiency Program for single-family and individual multi-family units, and Multifamily Energy Efficiency and Housing

Affordability (“MEEHA”) for multifamily projects that may consist of various building configurations, including individual detached units. LIEEP is overseen by the Maryland Public Service Commission

(“PSC”) utilizing Residential and Commercial Rate Payer funds provided by the participating utilities:

Potomac Edison, Baltimore Gas and Electric, Delmarva Power, Potomac Electric Power Company, Southern Maryland Electric Cooperative, Inc., and Washington Gas (collectively, the “Utilities”) to be administered by the Department as ordered by the PSC. The EmPOWER Program cycle runs for three (3) consecutive calendar years (the current cycle is 2024-2026).

This RFP seeks a vendor to provide evaluation services for these programs, as required by the Public Service

Commission. The evaluations may cover periods beginning with the calendar year 2023 program activity.

The Department’s EmPOWER Maryland LIEEP annually provides services for gas and electric measures to approximately 5,000 low-income, single-family and multi-family households within the Utilities’ service regions in the State of Maryland. Single-family households, multi-family units, and all meter types of multifamily buildings may be served (the “Units”). Clients include income-eligible, single-family owners and renters, and multifamily tenants and buildings as a whole (including common spaces).

A. The current programs requiring EM&V are (averages provided are for past program cycles and may not reflect work under the upcoming program cycle):

1. Whole Home:

a) Whole building energy measures

b) Single family detached and attached units

c) Average 3,000 units annually

d) Average cost per unit $4,500

*These averages are based upon the 2018-2020 EmPOWER program Plan and cycle, relating to the predecessor of the Whole Home Efficiency Program.

2. Base Efficiency:

a) Base efficiency and Health and safety measures

b) Single family detached and attached units

c) Average 1,000 units annually

d) Average cost per unit $3,800

3. Multifamily MEEHA:

a) Whole building energy measures

b) Attached and detached units

c) No restrictions on residential building size or meter configuration

d) Average 2,400 units annually

e) Average 82 buildings annually

f) Average cost per unit $3,400

g) Residential tenant and common spaces

h) New construction by Certification, such as Energy Star, Zero-Energy Ready, and Net Zero

RFP for Department of Housing and Community Development Page 9 of 45

4. Energy Kit Program

a) New program recently approved by the PSC

b) Distribution of fewer than 6 measures and client education upon applicant eligibility

c) Single-family attached and detached units

Programs may be added, modified, or deleted as determined by the PSC. The Department administers multiple funding sources which may be utilized (leveraged) with other funding sources on the same projects. For example, the Department administers the State’s HVAC repair and replacement program which may fund the repair or replacement of a heating system in the same home that EmPOWER or other funds have paid for some or all other energy efficiency activities.

B. The energy programs aim to meet the following goals:

1. Reduce greenhouse gas emissions;

2. Assist buildings with electrification;

3. Reduce energy consumption by installing energy efficiency and conservation measures and related repairs to improve the operational efficiency of buildings and homes (units);

4. Improve building durability and occupant comfort;

5. Enhance client health and safety by providing adequate ventilation, safely functioning combustion appliances, proper zonal pressures, and smoke/CO detectors: and

6. Assist in maintaining affordable housing.

2.3 Contractor Responsibilities and Tasks

2.3.1 General Specifications

A. The Contractor is responsible for developing and executing competent evaluation plans that are responsive to the varied needs of Department program administrators and other stakeholders, compliant with program requirements, and informative of program and portfolio design. The Evaluator will also actively participate in evaluation planning, policy discussions, and meetings. Evaluation planning and reporting is done in close consultation with the Utilities, the PSC’s Independent Evaluator (presently, Itron), Commission Staff, the Maryland Energy Administration, the Office of People’s Counsel, and other stakeholders through a variety of formal and informal processes.

B. The Contractor clearly prescribes the data requirements needed to estimate program savings in accordance with evaluation plans and policies. Such data may include a wide range of documentation, such as pre-and post-project bill data, invoices, project worksheets, site reports, and any other documentation the Evaluator requires.

2.3.2 Detailed Specifications

A. The Contractor shall:

1. Work with and use data supplied by the Department, including, but not limited to, energy measures, program guidance, estimated savings, and any other information necessary to design and document a comprehensive and complete EM&V strategy to meet program requirements.

RFP for Department of Housing and Community Development Page 10 of 45

2. Produce an EM&V strategy in consultation with Department staff and other program resources such as the PSC independent evaluator and Utility evaluators. Revise the strategy as needed to address identified concerns.

3. Implement the EM&V strategy and provide all data, analyses, and information to the Department to support the evaluation of and the reporting on any assigned program.

4. Attend an average of three (3) meetings per month, and additional meetings as needed, for PSC hearings, staff meetings, work group meetings, and other relevant meetings in conjunction with

Department staff as the Departments professional representative.

5. Consult with the PSC Staff, PSC’s independent EM&V contractor, the Utilities’ EM&V contractors and other relevant program entities and stakeholders on EM&V issues as necessary, to advocate for the Department with informing the aforementioned parties regarding conditions outside of the

Department’s control, to champion change to foster improved program delivery.

6. Review the Department’s program guidance, data, systems, processes and procedures, and other appropriate components to evaluate the Department’s efficiency and effectiveness with managing the program and provide written recommendations for program improvements.

B. Process Overview. The Contractor shall:

Develop the evaluation planning, execution, and reporting of the Department’s limited income energy programs. The EmPOWER program EM&V must be in strict accordance with the Strategic

Evaluation Guidance Document for Maryland EmPOWER Programs Version 7 dated May 2025 and as updated.

C. Obtain from the Department:

1. Approval with respect to privacy considerations for any survey instrument to be used to collect information from any of the Department’s customers; and

2. Authorization before conducting any customer research with Department customers.

D. Be responsible for data collection and management, including, but not limited to:

1. Reviewing Department Quality Assurance/ Quality Control (QA/QC) procedures and making necessary recommendations to improve the process to meet program requirements;

2. Inspect a representative sample of projects for installation verification to meet program requirements; and

3. Review tracking systems to ensure the integrity of the data being collected accurately supports evaluation studies.

E. Present:

1. Draft results to the Department for review;

2. Present final draft results to representatives of the program for which the draft is prepared, for discussion, with Department approval;

3. Provide public reports to external audiences as necessary upon Department approval and direction;

4. Respond to program requirements related to evaluations as requested by the Department.

RFP for Department of Housing and Community Development Page 11 of 45

F. Work closely with Department personnel to ensure that the EM&V strategy meets all applicable requirements. However, the contractor is responsible for being knowledgeable on the program requirements and assuring the strategy is program compliant based on the most current evaluation guidance.

G. Work with program representatives, the Office of People’s Counsel, the Maryland Energy

Administration, and other stakeholders, as necessary.

H. Be actively involved with the EmPOWER EM&V workgroup to promote meaningful changes in the

EM&V guidance relative to the unique challenges of administering and evaluating low-income programs.

I. Perform studies and analyses as assigned by the Department to inform program design and efficiencies using local, national, and proprietary data.

2.3.3 Task Order Process

Services shall be provided via a task order process using the pre-approved, fully loaded, labor rates for each task as provided on the financial proposal form.

A. The Contract Monitor will e-mail a request to the Contractor to provide services. On occasion, the

Contract Monitor may contact the Contractor’s Account Manager by telephone to orally convey the contents of a task order request. The request shall include at a minimum:

1. The due date and time for submitting a response to the request;

2. Technical requirements and description of the services needed;

3. Specific information to be provided by the Contractors, such as:

a) A proposed work plan for the required services;

b) Any maximum timeframe to complete the services required;

c) Any required places(s) where work must be performed; and

d) State furnished information, work site, and /or access to equipment, facilities, or personnel.

4. Requirements for meetings and reports.

B. The Contractor shall email a response to the Contract Monitor within the specified time and shall include at a minimum:

1. A response to the description of the service that details the Contractor’s understanding of the work;

2. A description of the proposed work plan including time schedules, in narrative (including, if specifically required/requested, a GANTT chart) to accomplish the requisite task. This description shall include a schedule of resources and related tasks, including an explanation of how these tasks will be completed;

3. Identification of those activities or phases that can be completed independently or simultaneously versus those that must be completed before another activity or phase can commence;

4. The personnel resources, including those of subcontractor(s), and estimated hours to complete the task;

RFP for Department of Housing and Community Development Page 12 of 45

5. A detailed written description of any work to be subcontracted, and the name and address of the subcontractor(s);

6. Proposed approach to satisfying the requirements of the task and development of task deliverables;

7. A detailed cost estimate, using projected hours for each task and applicable staff members, to complete the project.

C. The Contract Monitor will review the response and will either approve the work and provide a notice to proceed or contact the Contractor to obtain additional information, clarification or revision to the work. If satisfied, the Contract Monitor will then provide NTP.

2.3.4 Volume of Work and Contractor Capacity

A. The number of projects assigned to the Contractor shall be at the Department’s sole discretion and the

Department shall not guarantee the volume of assignments.

B. The Contractor’s acceptance of an assignment indicates its ability to complete the assignment within the time allocated and meet the specific assignment’s deadline.

2.3.5 Key Personnel

A. The Contractor shall maintain a staffing plan that describes the Contractor’s team and identifies the specific individuals who will perform the required services as outlined in Section 4.2, including the key personnel of any subcontractor, such as those used to meet an MBE goal assigned to the Contract.

The staffing plan shall include a description of the division of responsibility envisioned among these individuals and a list of certifications for each individual.

B. The following labor categories have been established for this RFP and the resulting Contract. The

Contractor shall provide personnel in each of the major labor categories described in detail below:

1. Project Manager: Manages and directs all the resources of the program and any subcontractors in developing and providing all the deliverables identified under the task orders of the Contract.

Directs projects, providing advice in support of customer priorities. Master’s degree in evaluation, statistics, energy policy, science engineering, business, technical or other relevant disciplines recommended, or equivalent combination of education and experience.

2. Program Analyst:

a) Advanced-level - Directs projects and has responsibility for tasks/ subtasks and work delivery.

Applies broad and in-depth knowledge or procedures and techniques in evaluation, measurement and verification, market, economic, and /or technology analysis to lead evaluation activities. An advanced degree in energy policy, economics, science, engineering, or other relevant field recommended or equivalent combination of education and relevant experience.

b) Mid-level – Responsible for work delivery and performance. Supports analysis activities and provides input and support for projects based upon sound science, energy policy, market, and/or

RFP for Department of Housing and Community Development Page 13 of 45 technology analysis principles, procedures, and concepts. An advanced degree in energy policy, evaluation, statistics, economics, science, engineering, business or other relevant field or equivalent relevant experience.

c) Junior-level – Reports to senior staff for work delivery and performance. Worker contributor in supporting the evaluation, measurement and verification program with a background in energy research and/or policy, energy program design and implementation, environment and/or technology/ analysis areas. Performs work under supervision.

3. Market Research Manager. Intermediate through advanced-level marketing research manager position. Leads in market research development. Intermediate knowledge of energy efficiency and decarbonization practices, techniques, and messaging. Advanced degree in market research, evaluation, statistics or other relevant field, or combination of education and equivalent relevant experience.

4. Evaluation Specialist. Intermediate through advanced level evaluation specialist position. Directs and/ or has responsibility for evaluation plan development and implementation. Leads the evaluation process with at least intermediate knowledge of renewable, decarbonization, and energy efficiency practices and techniques.

5. Engineer – Energy Specialist. Intermediate through advanced –level engineer with energy expertise. Experience in assessing the proper installation of energy efficiency /renewable energy, decarbonization, and demand reduction measures. Knowledge of overall energy efficiency, decarbonization, and demand measures.

6. Survey Specialist. Intermediate through advanced-level survey specialist with expertise in the development of survey strategies and instruments along with experience in managing the implementation of survey/assessments on programs and projects. Intermediate to expert experience and/or education in market research and evaluation.

C. It is expected that the key project team personnel assigned will remain for the length of the Contract period. Replacement of any personnel shall be with personnel of substantially equal ability, qualifications, and experience and with the prior written consent of the Department. The Department will reserve the right to terminate the Contract if key personnel are changed without such consent.

2.3.6 Work Plan

The Contractor shall maintain a Work Plan for each assigned project that details how the Contractor shall fulfill the responsibilities and complete the work as described in Section 2. The Contractor agrees to maintain and update the Work Plan through the completion of each assigned project and make it available to the Department upon request.

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.

RFP for Department of Housing and Community Development Page 14 of 45

B. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, 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.

C. 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.

D. 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.

B. 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. Representing 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. 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.

RFP for Department of Housing and Community Development Page 15 of 45

2.5 Experience and Personnel

2.5.1 Preferred Offeror Experience

The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability and references evaluation factor from Section 6.2):

A. At least five (5) years of experience within the last seven (7) years providing evaluation, measurement, and verification services for energy saving (including decarbonization) programs and any key personnel or subcontractor executing work on behalf of Offeror shall have at least three (3) years of the same experience;

OR

B. At least three (3) years of experience within the last seven (7) years providing evaluation, measurement, and verification services for energy saving (including decarbonization) programs, including at least two (2) years of experience evaluating low-income programs; and any key personnel or subcontractor executing work on behalf of Offeror shall have at least two (2) years of experience evaluating low-income programs.

2.5.2 Personnel Experience

A resume of experience must be provided for each designated key Offeror personnel and/or key subcontracted professionals performing services.

References must be provided for key Offeror personnel and/or key subcontracted professionals.

Those references must be able to attest to the experience of the designated key Offeror personnel and/or key subcontracted professionals in providing the specified services.

2.5.3 Key Personnel Identified

For the Contract, the following positions to be identified in the Technical Proposal will be considered Key

Personnel and shall be required to meet the qualifications stated in Section 2.5.1.

A. Manager with evaluation, measurement, and verification services experience.

2.5.4 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

2.6 Substitution of Personnel

2.6.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date. Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of Maryland 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 Contractor from working under the Contract without the prior written approval of the Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

RFP for Department of Housing and Community Development Page 16 of 45

2.6.2 Definitions

For the purposes of this section, the following definitions apply:

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave Act; an

Incapacitating injury or Incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the

Contractor’s Technical Proposal.

2.6.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.6.4.

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor 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 Monitor 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 Monitor will notify the Contractor 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 Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

2.6.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, 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, Department policies, or Contract requirements.

Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 2.6.4.A.2.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor 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 Monitor. If the Contract Monitor rejects the Remediation Plan, the

RFP for Department of Housing and Community Development Page 17 of 45

Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

3. Should performance issues persist despite an approved Remediation Plan, the Contract Monitor 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 Contractor

Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

4. Replacement or substitution of Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

5. If the Contract Monitor determines to direct substitution under 2.6.4.A.1, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor. However, if the Contract

Monitor deems it necessary and, in the State’s, best interests to remove the Contractor

Personnel with less than fifteen (15) days’ notice, the Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6. In circumstances of directed removal, the Contractor shall, in accordance with paragraph 2.6.4.A

.1 of this section, 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.

B. Key Personnel Replacement

1. To replace any Key Personnel in a circumstance other than as described in 2.6.4A, including transfers and promotions, the Contractor shall submit a substitution request as described in

Section 2.6.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

C. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor 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

2.6.4.B.1.

2. Under any of the circumstances set forth in this paragraph C, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.6.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

D. Key Personnel Replacement Due to an Indeterminate Absence

1) 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

Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under Section 2.6.3.

1. 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 Monitor the Contract Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or

RFP for Department of Housing and Community Development Page 18 of 45 authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

2.7 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the 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; and (b) for any temporary staff, subcontractors or 1099 contractors: the vacancy occurs due to an Incapacitating event or the death of such personnel. To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion.

Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination

2.8 Supplemental Category of Work Requirements and Responsibilities

See the attached Professional Services Supplemental associated with this solicitation.

RFP for Department of Housing and Community Development Page 19 of 45

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, services under the Contract may commence at the direction of the Department.

3.2 End of Contract Transition

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

3.3 Invoicing

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

A. The Contractor shall e-mail the original of each invoice to Scott Falvey, the Contract Monitor at scott.falvey@maryland.gov and Nicola Tran, Director of Housing and Building Energy Programs at nicola.tran@maryland.gov.

B. The Contractor should submit a separate invoice for services provided under each task order assigned under this Contract.

1. Invoices should identify the specific program the charges apply to; and

2. Various sub-task charges may be required to be broken out.

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

a) Contractor name and address;

b) Remittance address;

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

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

e) Invoice date;

f) Invoice number;

g) State assigned Contract number;

h) State assigned (Blanket) Purchase Order number(s);

i) Goods or services provided;

j) Amount due; and

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

mailto:scott.falvey@maryland.gov mailto:nicola.tran@maryland.gov

RFP for Department of Housing and Community Development Page 20 of 45

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise fails to satisfy the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

3.3.2 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 –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.3.3 Deliverable Invoicing

NOT APPLICABLE TO THIS RFP.

3.3.4 Travel Reimbursement

NOT APPLICABLE TO THIS RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

Inapplicable because there is no MBE goal for this RFP.

3.4.2 Liquidated Damages other than MBE

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

3.5 Problem Escalation Procedure

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

Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the

Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

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

RFP for Department of Housing and Community Development Page 21 of 45

C. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

D. For everyone listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

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

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

G. Contact information for person responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

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

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

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

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, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX

10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample

Contract). Additional information is available on GOSBA’s website at:

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

RFP for Department of Housing and Community Development Page 22 of 45

3.9 Federal Funding Acknowledgement

NOT APPLICABLE TO THIS RFP.

3.10 Conflict of Interest Affidavit and Disclosure

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

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

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

Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

NOT APPLICABLE TO THIS RFP.

3.11.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is…