CALDSS.SSA_25_021_Therapeutic_services.docx

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Attached to
Trauma Therapy (Individual Therapy Ages 3-20)
Solicitation number
BPM048168
Issued by
Calvert County, Maryland

About this file

This is a Request for Proposals (RFP) issued by the Maryland Department of Human Services (DHS) for therapeutic services in Calvert County. The RFP seeks a licensed clinical professional counselor or licensed clinical social worker to provide trauma-based therapeutic services for youth ages 3-20 in foster care, requiring 300 hours of individual therapy annually. The contractor must provide services within a 30-mile radius of Prince Frederick, MD. Proposals are due January 31, 2025 by 3:00pm, with services to begin February 16, 2025 for a two-year contract term ending February 15, 2027. No pre-proposal conference is scheduled.

The contract will be a fixed-price agreement with monthly invoicing required by the 10th of each month. There are no MBE, VSBE, or SBR goals established for this procurement. The contractor must have a minimum of two years' experience providing therapeutic services and be certified as a Trauma Professional. Services will support approximately 40 children in foster care, with sessions typically lasting one hour per week. Key requirements include providing both in-person and telehealth options, flexible daytime and evening hours, written assessments and progress reports, and crisis management capabilities.

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STATE OF MARYLAND

DEPARTMENT OF HUMAN SERVICES (DHS)

SSA

Individual Therapeutic Services

DHS AGENCY CONTROL NUMBER: CALDSS.SSA 25-021

Issue date: 1/23/25

STATE OF MARYLAND

DEPARTMENT OF HUMAN SERVICES (DHS)

KEY INFORMATION SUMMARY SHEET

Small Solicitation
Services - Therapeutic Services
Solicitation Number:
CALDSS/SSA 25-021
Issue Date:
January 23, 2025
Issuing Office:
Department of Human Services (DHS)
Procurement Officer:
Pamela Bowser

200 Duke Street, Prince Frederick, MD 20678 e-mail:

Office Phone:

pamela.bowser@maryland.gov 667-203-1136

Proposals are to be sent to:
Pamela Bowser

200 Duke Street, Prince Frederick, MD 2067 pamela.bowser@maryland.gov Via email or mail

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:
N/A
Proposal Due (Closing) Date and Time:
1/31/2025 3:00pm
MBE Subcontracting Goal:
N/A
VSBE Subcontracting Goal:
N/A
Contract Type:
Insert contract Type: fixed price
Contract Duration:
2 years; beginning February 16, 2025, and ending February 15,2027.
Primary Place of Performance:
Within a 30-mile radius of Prince Frederick MD
SBR Designation:
N/A
Federal Funding:
N/A

1. OFFEROR QUALIFICATIONS

The Offeror shall have Minimum of three (2) years’ experience providing therapeutic services.

The Offeror shall be certified must be a Maryland Licensed Clinical Professional Counselor or a Maryland Licensed Clinical Social Worker and be a Certified Trauma Professional.

Professional license must be in good standing with the appropriate Board of their profession.

2. SUMMARY STATEMENT

The Calvert County Department of Social Services is issuing this small procurement Request for Proposals (RFP) in order to procure trauma based therapeutic Services for the purpose of providing specialized trauma-focused therapeutic services to youth 3-20 years of age to address behavioral and mental health concerns. The Contract will be for three (2) years.

3. BACKGROUND

Calvert County Department of Social Services Foster Care provides temporary homes and supportive services to children who cannot live at home because of child abuse or neglect. Children who must be separated from their families often have endured at least one ACES. Calvert County Department of Social Services is seeking to contract trauma-focused therapeutic services to children and their families to address behavioral and mental health concerns that led them to become involved with the Foster Care System. Transportation is often a barrier to receiving therapy.

Currently Calvert County Department of Social Services has 40 children experiencing foster care. Youth are often seen weekly for individual therapy for a minimum of 1 hr.

4. SCOPE OF THE PROJECT

Provide individual therapy sessions for children ages 3-20 years of age. Conduct assessments, develop individualized; render a DSM-TR diagnosis as appropriate, make clinical recommendations for services and placements as appropriate.

Conduct therapy sessions, communicate with DSS staff to ensure appropriate services are rendered, report any child abuse or neglect incidents.

May be subpoenaed to court.

Provide 300 hours of Individual therapy annually.

5. GENERAL CONTRACTOR REQUIREMENTS

A. Clinicians shall provide therapy sessions utilizing a trauma-based lens.

B. Specialized training with adolescents and transitioning aged youth.

C. Therapeutic sessions should be minimally 1 hour/per session.

D. Provide written assessments, diagnosis, and treatment recommendations as appropriate.

E. Provide quarterly written progress reports.

F. Provide monthly participation notes.

G. Be Strengths based.

H. Be Culturally competent.

I. Provide telephone consultation with Calvert County Department of Social Services case managers.

J. Collaborate with Calvert County Department of Social Services staff and other Service providers.

K. Provide in person as well as tele-health options.

L. Provide flexible hours to include daytime and evening hours.

M. Must offer in person services with a 30-mile radius of Prince Frederick N. Be able for crisis management.

O. Provide 300 hours of Individual therapy annually.

The Contract resulting from this solicitation will be for a 2-year period beginning February 16, 2025, to February 15, 2027.

Invoicing and Payment

1) Invoices must be submitted using the Department’s invoicing process. The State Project Manager shall provide this information upon contract award.

2) All invoices must (at a minimum) include the following information:

a) be signed and dated,

b) including the Contractor’s mailing address,

c) the Contractor’s Social Security number or Federal Tax ID number,

d) the State’s assigned Contract control number,

e) the goods/services provided,

f) the time period covered by the invoice, and

g) the amount of requested payment.

The Contractor shall bill the Department monthly by the 10th.

Payment of any invoices past 60 days of service are subject to funding availability.

6. PROCUREMENT INSTRUCTIONS

The Contract resulting from this solicitation will be for 2 years beginning February 16, 2025, and ending February 15, 2027.

Provide invoices by the 10th of the month.

Payment of any invoices past sixty (60) days of service are subject to funding availability.

The State Project Manager for this Contract is:

Deborah Walsh, Assistant Director for Services
200 Duke Street
Prince Frederick, MD 20678
Office 443-550-6949
Fax 443-550-6855
Email Deborah.walsh@maryland.gov

The original, to be so identified, and 1 copy of each Bid/Proposal must be received by the Procurement Officer by 1/31/2025 in order to be considered.

Requests for extension of this date or time shall not be granted. Vendors mailing Bids/Proposals should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Bids/Proposals or unsolicited modifications to Bids/Proposals arriving after the closing time and date will not be considered, except under the conditions identified in COMAR 21.05.02.10 B and 21.05.03.02 F.

Oral, and facsimile Bids will not be accepted.

Bids/Proposals are to be delivered to:

Calvert County Department of Social Services
200 Duke Street
Prince Frederick, MD 20678
Attention: Pamela Bowser, Procurement Officer
Email: pamela.bowser@maryland.gov

1. PROPOSAL FORMAT

Delivery:

1. Proposals shall only be accepted via email or mail. Offerors may mail or hand-deliver proposals.

2. One Part Submission:

3. Bid Form entered into the price form spreadsheet in a searchable Adobe PDF format (Attachment A). The Bid Form must be signed.

Proposal Submission shall include:

1. Offeror Information Sheet and Transmittal Letter The Offeror Information Sheet (see Attachment B) shall accompany the Bid.

2. Minimum Qualifications Documentation The Offeror shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 1.

3. Bid Form (Attachment A) signed and in a searchable Adobe PDF format.

Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a notification of recommendation for contract award, the following documents shall be completed and submitted by the recommended awardee within five (5) business days, unless noted otherwise. Submit one (1) electronic copy of each of the following documents:

a) Signed contract (Attachment D)

b) Completed Contract Affidavit (Attachment E)

c) Copy of current certificate of insurance

2. SELECTION CRITERIA (Optional)

3. BASIS FOR AWARD

The Contract will be awarded to the responsible Bidder whose submits a responsive Bid that meets the specifications set forth in the Small Procurement Solicitation and provides the Most Favorable Bid Price (Single-Step Sealed Bidding Solicitation).

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

9. DEPARTMENT CONTRACT

The successful offeror will be expected to sign a contract with the Department, sample enclosed as ATTACHMENT D).

10. CANCELLATION OF BIDS/PROPOSALS

The State may cancel this Solicitation, in whole or in part, whenever this action is determined to be fiscally advantageous to the State or otherwise in the State’s best interest. If the Solicitation is canceled, a notice of cancellation will be provided to all prospective Bidders/Offerors who were sent this Solicitation or otherwise are known by the Procurement Officer to have obtained this Solicitation.

11. ACCEPTANCE OF BIDS/PROPOSALS

The State reserves the right to accept or reject any, and all Proposals, in whole or in part, received in response to this Solicitation, or to waive or permit cure of minor irregularities to serve the best interests of the State of Maryland.

12. PROPOSAL ACCEPTANCE

The content of this Solicitation and the Bid/Proposal of the successful Bidder/Offeror or Bidders/Offerors will be included by reference in any resulting Contract. All prices, terms and conditions in the Bid/Proposal are irrevocable for 90 days after the closing date for receipt of Bids/Financial Proposals or Best and Final Offers, if requested (Note: Best and Final Offers CANNOT be requested for Bids). This period may be extended by written mutual agreement between the Bidder/Offeror and the requesting State organization.

13. COMPLIANCE WITH LAWS/ARREARAGES

By submitting a Bid/Proposal in response to this solicitation, the Bidder/Offeror, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

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

14. VERIFICATION OF REGISTRATION AND TAX PAYMENT

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

15. PROCUREMENT METHOD

This award will be made in accordance with Code of Maryland Regulations (COMAR) 21.05.07, Small Procurement Regulations. Small procurement is defined as the use of procedures to obtain items reasonably expected by the Procurement Officer to cost $100,000 or less.

Minority Business Enterprises are strongly encouraged to respond to this solicitation.

Attachment A. Financial Proposal (Bid Form) & Instructions

The Financial Proposal (or Bid Form) & Instructions is an Excel Spreadsheet and is included as a separate attachment to the solicitation.

Attachment B. Bidder/ Offeror Information Sheet Bidder/Offeror

Company Name

Street Address

City, State, Zip Code

Contractor Federal Employer Identification Number (FEIN)

Contractor eMMA ID Number
As of the Bid/Proposal submission date, are you registered to do business with the state of Maryland?

SBE / MBE/ VSBE Certification

SBE
Number:

Expiration Date:

VSBE
Number:

Expiration Date:

MBE
Number:

Expiration Date:

Categories to be applied to this solicitation (dual certified firms must choose only one category).

Bidder/Offeror Primary Contact

Name

Title

Office Telephone Number (with area code)

Cell Telephone Number (with area code)

E-mail Address

Authorized Bid/Proposal Signatory

Name

Title

Office Telephone Number (with area code)

Cell Telephone Number (with area code)

E-mail Address

A.

Attachment C. Bid/Proposal Affidavit Solicitation Number:

A. AUTHORITY

I hereby affirm that I, (name of affiant) am the (title) and duly authorized representative of (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

(1)Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;
(2)Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/proposal;
(3)Fail to use the certified minority business enterprise in the performance of the contract; or
(4)Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1)Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;
(2)Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract;
(3)Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(4)Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(5)Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or
(6)Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.
C.AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1)Been convicted under state or federal statute of:
(a)A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or
(b)Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;
(2)Been convicted of any criminal violation of a state or federal antitrust statute;
(3)Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;
(4)Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;
(5)Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;
(6)Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;
(7)Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract;
(8)Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;
(9)Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:
(a)§7201, Attempt to Evade or Defeat Tax;
(b)§7203, Willful Failure to File Return, Supply Information, or Pay Tax,
(c)§7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;
(d)§7206, Fraud and False Statements, or
(e)§7207 Fraudulent Returns, Statements, or Other Documents;
(10)Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;
(11)Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;
(12)Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:
(a)A court:
(i)Made the finding; and
(ii)Decision became final; or
(b)The finding was:
(i)Made in a contested case under the Maryland Administrative Procedure act; and
(ii)Not overturned on judicial review;
(13)Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:
(a)A court:
(i)Made the finding; and
(ii)Decision became final; or
(b)The finding was:
(i)Made in a contested case under the Maryland Administrative Procedure act; and
(ii)Not overturned on judicial review;
(14)Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:
(a)A court:
(i)Made the finding; and
(ii)Decision became final; or
(b)The finding was:
(i)Made in a contested case under the Maryland Administrative Procedure act; and
(ii)Not overturned on judicial review; or
(15)Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1)The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and
(2)The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

G. SUBCONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1)Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/proposal that is being submitted; or
(2)In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/proposal is submitted.
I.CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES

I FURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K.CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1)The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated Code of Maryland:
(a)It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and
(b)It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland.
(2)The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities:

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

By:

Signature of Authorized Representative and Affiant

Printed Name:

Printed Name of Authorized Representative and Affiant

Title:

Title

Date:

Date

Attachment D. Contract

SAMPLE

AGENCY CONTROL NUMBER

SMALL PROCUREMENT STANDARD SERVICES CONTRACT

BETWEEN

MARYLAND STATE DEPARTMENT OF HUMAN SERVICES

AND

FOR

THIS CONTRACT, effective as of , by and between the Maryland State Department of Human Services , hereinafter abbreviated as the "DHS/ " and a hereinafter referred to as the "CONTRACTOR".

The DHS/ and the CONTRACTOR do mutually agree as follows:

I.

PROGRAM AND SERVICES TO BE PROVIDED

Subject to the continuing availability of the State and /or federal funds, the DHS/ shall purchase the CONTRACTOR'S services and the CONTRACTOR shall . These services shall be provided in accordance with the terms and conditions of this Agreement, the DHS/ ’s Scope of Work, the CONTRACTOR’S proposal and budget dated , attached as the Appendix and incorporated as part of this Agreement.

II.

TERM OF AGREEMENT

Performance under this Agreement shall commence on and shall continue until agreed upon services are completed, but in any case no later than . The PARTIES, however, may mutually agree in writing to an earlier termination, or, the DHS/ , in its sole discretion, may serve upon the CONTRACTOR a written notification of an intention to terminate the Agreement as of thirty (30) days or more from the date of the receipt of such notice, pursuant to either Section IV (d) or (e) of this contract.

III.

COSTS AND EFFICIENCY

(a) The cost to the DHS/ for the services to be provided by the CONTRACTOR under the Agreement shall not exceed: Dollars ( ).

(b) METHOD OF PAYMENT: Payments by the Fiscal Services Division shall be made upon submission of an invoice from the CONTRACTOR.

(c) Payment of these funds is conditional upon the DHS/ receiving funds as specified to pay for the total costs of the services set forth in the Appendix from .

If funds are not appropriated or otherwise made available to support continuation of the services hereunder in any succeeding fiscal year, the DHS/ shall have the right to terminate this Agreement and the CONTRACTOR is not entitled to recover any profits or costs not incurred before termination. This agreement shall be terminated automatically as of the beginning of the fiscal year for which funds are not available.

If the General Assembly fails to appropriate sufficient funds or if sufficient funds are not otherwise made available for performance of this contract, the DHS/ reserves the right in its sole discretion to reduce the total amount of funding under the contract.

(d) The CONTRACTOR'S Federal Tax identification Number is .

The CONTRACTOR agrees to include this number on all invoices billed to the DHS/ . The DHS/ may withhold payment for failure to comply with this provision.

The CONTRACTOR'S Social Security Number is (individual contractor only). This number will be used for disbursement and tax purposes only.

IV.

GENERAL PROVISIONS AND CONDITIONS

(a) State Laws and Regulations: The terms of this Agreement and its execution are subject to all applicable Maryland Laws and Regulations and approval of other agencies of the State of Maryland as required under said laws and regulations.

(b) The DEPARTMENT designates INSERT NAME, ADDRESS, TELEPHONE #, FAX # and EMAIL ADDRESS, or designee, to serve as Title for this Agreement. The CONTRACTOR shall designate INSERT NAME, ADDRESS, TELEPHONE #, FAX # and EMAIL ADDRESS, or designee, to serve as Title for this Agreement. All contact between the DHS/ and the CONTRACTOR regarding all matters relative to this Agreement shall be coordinated through the DHS/ 's designated Title.

(c) Amendment of Agreement: This Agreement may be amended as the DHS/ and the CONTRACTOR mutually agree in writing. Amendments may not significantly change the scope of the contract (including the contract price). Except for the specific provision of the Agreement which is thereby amended, the Agreement shall remain in full force and effect after such amendment subject to the same laws, obligations, provisions, rules and regulations, as it was prior to said amendment.

(d) Extensions for Time: The Parties expressly reserve the right to extend the term of the Contract, without additional cost to the State beyond the NTE amount identified in Section III (a) herein and for services provided beyond the original term of the Contract, provided the extension is for a reasonable, limited, and defined time, and provided that the scope of work under the extension is the same as the original Contract. It is also agreed that all such modifications shall be reduced to writing, and signed by the Parties.

(e) Termination for Convenience: The performance of work under this Agreement may be terminated by the DHS/ in accordance with this clause in whole, or from time to time in part, whenever the Title shall determine that such termination is in the best interest of the State. The DHS/ will pay all reasonable costs associated with this Agreement that the CONTRACTOR has incurred up to the date of termination and all reasonable costs associated with termination of the Agreement. However, the CONTRACTOR shall not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

(f) Termination for Default: If the CONTRACTOR fails to fulfill its obligations under this Agreement properly and on time or otherwise violates any provision of the Agreement, the DHS/ may terminate the Agreement. Prior to terminating this Agreement, the DHS/ shall give the CONTRACTOR thirty (30) days prior written notice of such default and if the CONTRACTOR has not cured such default within the thirty (30) day period, the DHS/ may, by written notice, within five (5) days after expiration of this period, terminate the contract. The notice shall specify the acts or omissions relied on as cause for termination All finished or unfinished supplies and services provided by the CONTRACTOR shall, at the DHS/ ’s option, become the State's property. The DHS/ shall pay the CONTRACTOR fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the CONTRACTOR'S breach. If the damages are more than the compensation payable to the CONTRACTOR, the CONTRACTOR will remain liable after termination and the DHS/ can affirmatively collect damages. Termination hereunder, including the determination of the right and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11 B.

(g) Disputes: This Agreement shall be subject to the provisions of State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland and COMAR 21.10. Pending resolution of a claim, the CONTRACTOR shall proceed diligently with the performance of the Agreement in accordance with the Title's decision.

(h) Document Retention and Inspection: The CONTRACTOR shall retain all books, records, and other documents relevant to this Agreement for a period of no less than three years after the date of final payment, a resolution of audit findings, or disposition of nonexpendable property, whichever is later, and upon receipt of reasonable written notice thereof, full access thereto and the right to examine any of said materials shall be afforded Federal and/or State auditors who shall have substantiated in writing a need therefore in the performance of their official duties and such other persons as are authorized by the DHS/ .

(i) AntiBribery: The CONTRACTOR certifies that, to the best of its knowledge, neither the CONTRACTOR nor (if the CONTRACTOR is a corporation or a partnership) any of its officers, directors, or partners, nor any employee of the CONTRACTOR who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery attempted bribery, or conspiracy to bribe under the laws of any State or of the United States.

(j) Nonliability of the DHS/ : It is understood and agreed that the DHS/ shall not be liable in any action of tort, contract, or otherwise for any actions of the CONTRACTOR arising out of this Agreement.

(k) Nondiscrimination: The CONTRACTOR shall comply with the nondiscrimination portions of federal and Maryland law.

(l) Nondiscrimination in Programs: The CONTRACTOR agrees that, in providing any aid, benefit, service, program, or activity, under this contract on behalf of the DHS/ , it will not: (1) deny any individual the opportunity to participate in or benefit from the aid, or service equal to that provided others; (2) provide a qualified individual with a disability with any aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others: (3) provide different or separate aid, benefits, or services to individuals or classes of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to others; (4) deny a qualified individual with a disability the opportunity to participate as a member of any planning or advisory boards; or (5) otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage or opportunity enjoyed by others receiving the aid, benefit, or service.

The CONTRACTOR agrees further to not utilize criteria or methods of administration that have the effect of subjecting anyone to discrimination on the basis of disability, or have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the DHS/ ’s program with respect to individuals with disabilities.

(m) The CONTRACTOR, if providing direct services to the DHS/ 's clients, agrees to include an acknowledgment of funding received from the DHS/ under this contract in any and all related publications. "Related publications" are not limited to publications funded under the contract.

n) Suspension of Work: The procurement officer unilaterally may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the State.

(o) The CONTRACTOR shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

THIS AGREEMENT, together with the Appendix attached hereto and incorporated herein by reference, represents the complete, total and final understanding of the PARTIES and no other understanding or representations, oral or written, regarding the subject matter of this Agreement, shall be deemed to exist or to bind the PARTIES hereto at the time of execution.

IN WITNESS WHEREOF, the PARTIES have executed this Agreement and have caused their respective seals to be affixed hereto on or before the date first set forth herein.

FOR THE CONTRACTOR:

FOR THE DHS/ :

Signature

Signature

Type Name Here

Type Name Here

Name

Name

Type Title Here

Type Title Here

Title

Title

Date Signed

Date Signed

THIS AGREEMENT APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE OFFICE OF THE ATTORNEY GENERAL.

Attachment E. Contract Affidavit Solicitation Number: CALDSS/SSA 25-021

A. AUTHORITY

I hereby affirm that I, (name of affiant) am the (title) and duly authorized representative of (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation — ☐ domestic or ☐ foreign;

(2) Limited Liability Company — ☐ domestic or ☐ foreign;

(3) Partnership — ☐ domestic or ☐ foreign;

(4) Statutory Trust — ☐ domestic or ☐ foreign;

(5) ☐ Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID Number: Address:

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number: Address:

C. FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $200,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business's policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID

I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated , 20 , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date:

By: (printed name of Authorized Representative and Affiant)

_________________________________ (signature of Authorized…

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