DDA_Forensic_Evaluations_OPASS-23-20904_REVISED_10_03_23.pdf

STATE OF MARYLAND

DEPARTMENT OF HEALTH DEVELOPMENTAL DISABILITIES

ADMINISTRATION (DDA)

REQUEST FOR PROPOSALS (RFP)

FORENSIC SERVICES

RFP NUMBER OPASS-23-20904

ISSUE DATE: 10/03/2023

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Developmental Disabilities Administration Forensic Services

Solicitation #: OPASS-23-20904 RFP Document

RFP for Forensic Services 8/15/2023 Page ii of 97

VENDOR FEEDBACK FORM

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

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

Information Summary Sheet below for contact information).

Title: Developmental Disabilities Administration Forensic Services

Solicitation No: OPASS-23-20904

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

□ Other commitments preclude our participation at this time

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

□ We are inexperienced in the work/commodities required

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

□ The scope of work is beyond our present capacity

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

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

□ Time allotted for completion of the Proposal is insufficient

□ Start-up time is insufficient

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

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

REMARKS section)

□ MBE or VSBE requirements (Explain in REMARKS section)

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

(Explain in REMARKS section)

□ Payment schedule too slow

□ Other:

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

REMARKS:

Vendor Name: Date:

Contact Person: Phone ( ) -

Address:

E-mail Address:

RFP for Forensic Services 8/15/2023 Page iii of 97

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH MDH

KEY INFORMATION SUMMARY SHEET

Request for Proposals Developmental Disabilities Administration Forensic Services

Solicitation Number: OPASS-23-20904

RFP Issue Date: August 15, 2023

RFP Issuing Office: Maryland Department of Health – MDH, Developmental Disabilities

Administrations - DDA

Procurement Officer: Bryan Mroz, Director

Office of Contract Management and Procurement OCMP

201 W. Preston Street, Room 416B

Baltimore, MD 21201 e-mail:

Office Phone:

mdh.solicitationquestions@maryland.gov

410-490-8000

Proposals are to be sent to: Submit Via eMMA

Pre-Proposal Conference: September 21, 2023, at 12:30 PM Local Time https:// meet.google.com/uuc-jcnj-tjm Or dial: (US) +1 609-434-2266 PIN: 493 324 815#

See Attachment A for directions and instructions.

Questions Due Date and Time September 22, 2023 at 2:00 PM Local Time

Proposal Due (Closing) Date and Time:

November 6, 2023 at 4:30 PM Local Time

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

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0 %

Contract Type: Fixed Prices

Contract Duration: Five (5) Year Base Period which includes a 90 Day Transition Period

Primary Place of

Performance:

Developmental Disabilities Administration 201 W. Preston Street, Baltimore, MD 21201

SBR Designation: No

Federal Funding: Yes mailto:mdh.solicitationquestions@maryland.gov https://meet.google.com/kvt-fhic-sdr

RFP for Forensic Services 8/15/2023 Page iv of 97

TABLE OF CONTENTS – RFP

1. Minimum Qualifications

1.1. Offeror Minimum Qualifications

2. Contractor Requirements: Scope of Work

2.1. Summary Statement

2.2. General Requirements

2.3. Court Testimony

2.4. Peer Review

2.5. Consultation and Cross Training

2.6. Background, Purpose, and Goals

2.7. Other State Responsibilities

2.8. Responsibilities and Tasks

2.9. Staffing

2.10. Reports

2.11. Required Project Policies, Guidelines and Methodologies

2.12. Product Requirements

2.13. Maintenance and Support

2.14. Additional Requirements

2.15. Deliverables

2.16. Deliverable Acceptance

2.17. Minimum Deliverable Quality

2.18. Deliverable Descriptions/Acceptance Criteria ............................. Error! Bookmark not defined.

3. Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Experience and Personnel

3.9 Substitution of Personnel

3.10 Minority Business Enterprise (MBE) Reports

3.11 Work Orders

RFP for Forensic Services 8/15/2023 Page v of 97

3.12 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

RFP for Forensic Services 8/15/2023 Page vi of 97

4.34 Mercury and Products That Contain Mercury

4.35 Department of Human Services (DHS) Hiring Agreement

4.36 Small Business Reserve (SBR) Procurement

4.37 Maryland Healthy Working Families Act Requirements

4.38 Location of the Performance of Services Disclosure

5 Proposal Format

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

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

RFP Document

RFP for Forensic Services 8/15/2023 Page vii of

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

RFP for Forensic Services 8/15/2023 Page 1 of 97

1. Minimum Qualifications

1.1. Offeror Minimum Qualifications

The Offeror may not be on the Health and Human Services (HHS) Office of the Inspector General’s List of Excluded Individuals and Entities (LEIE) or the federal General Services Administration System for

Award Management (SAM)

An Offeror must provide a self-certification for this proposal that it is not on the LEIE, or SAM Lists.

Links to LEIE and SAM are as follows:

LEIE go here: oig.hhs.gov/exclusions/exclusions_lists.asp

SAM go here: https://www.sam.gov/portal/SAM

1.1.1. As part of the determination to be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that, within the last seven (7) years, the following Minimum

Qualifications have been met:

A. The Offeror shall have seven (7 years) of experience providing forensic evaluation services.

B. The Offeror shall be certified by the Maryland Insurance Administration as a Licensed Psychologist or Registered Psychologist with the Maryland

Board of Examiners of Psychologists.

C. Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its Proposal evidence that the minimum qualifications have been satisfied and should be provided as Tab D and reference should include the information required under Tab H.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://www.sam.gov/portal/SAM

RFP for Forensic Services 8/15/2023 Page 2 of 97

2. Contractor Requirements: Scope of Work

2.1. Summary Statement

The Contractor shall conduct evaluations and testing of defendants in the community, court medical offices, detention centers and/or a Maryland State facility to determine ‘competency to stand trial, ‘criminal responsibility’ and “dangerousness” (as described in Annotated Code of

Maryland Criminal Procedure Article Title 3 Incompetency and Criminal Responsibility in

Cases). For level of care and eligibility determinations, the Evaluators will conduct a paper review of the eligibility packet but may request an in-person contact with the applicant. Contract requirements also include report writing, testifying in court, collecting/maintaining data, providing training and participating in a peer review programs. More specifically, these requirements include but are not limited to performing the following services:

2.2. General Requirements

Evaluation as Lead or Non-Lead Evaluator

A. The ‘Office of Court Ordered Evaluations and Placements’ utilize co-Evaluators assigned by the Developmental Disabilities Administration (DDA) and Behavioral

Health Administration (BHA) forensic Evaluators to complete the court ordered forensic evaluations The ‘Lead Evaluator’ takes the initiative in drafting the majority of the forensic report. The Lead Evaluator consults with the ‘Non-Lead Evaluator’

(individually or collectively referred to as ‘Evaluators’ herein) to solicit feedback in order to produce a combined written report. An example would be where the DDA forensic Evaluator completes the primary portion of the report as the Lead Evaluator and the BHA forensic Evaluator completes the psychiatric history and course of hospitalization sections of the report as the Non-Lead Evaluator.

B. Conduct pre-trial evaluations as assigned by the Developmental Disabilities

Administration with support of the Office of Court Ordered Evaluation and Placement

(OCEP) to determine ‘Competency to Stand Trial.’ Evaluation assignments will include, but are not limited to: reports on ‘Incompetent to Stand trial,’ ‘Criminal Responsibility’ and ‘Dangerousness’ to live in the community at large. Competency to Stand Trial format and information for the report is listed in Sec. 3- 106 of the Criminal Procedures

Article, Maryland Annotated Code (see Exhibit 2).

C. Conduct pre-trial evaluations assigned by the Developmental Disabilities Division of the

OCEP to determine competency to proceed and dangerousness for juveniles.

D. Prepare and disseminate evaluation reports and accompanying documents by the dates specified by the DDA division within the Office of Court Ordered Evaluations and

Placements , including data entry and related administrative tasks. The reports shall demonstrate at least a university-level degree of writing skills.

RFP for Forensic Services 8/15/2023 Page 3 of 97

2.3. Court Testimony

A. Provide expert testimony in Court or administrative hearings or other related proceedings based on completed forensic evaluation reports.

B. It is projected that Evaluators will provide approximately 30 hours of expert testimony each year. The Maryland Department of Health makes no guarantee of any minimum or maximum number of hours that will be required by the Contract resulting from this solicitation.

2.4. Peer Review

A. Each Evaluator shall participate in the ‘Peer Review Pre-Trial Evaluation Program’ within the Maryland Department of Health Office of Court Ordered Evaluations and

Placements, each year, including at least four (4) four hour sessions with each session requiring up to four (4) hours of preparation. Consequently it is estimated that the

Evaluator will expend approximately thirty-two (32) hours per year participating in the

Peer Review Pre-Trial Evaluation Program. The Evaluator shall provide reports and comments as needed. Location and dates of the program are not pre-determined, and the

Contractor shall be advised at least thirty (30) days in advance of any program meetings.

2.5. Consultation and Cross Training

A. Provide cross training to Maryland Department of Health administrative and clinical personnel in the following areas:

1. Assessing or evaluating individuals with intellectual Disabilities, Developmental

Disabilities and Mental Disorders.

2. Administering testing instruments to include a minimum CAST-MR and TOMM:

and other topics related to individuals with intellectual disabilities or developmental disabilities.

B. The following are recommended trainings. Contractor can provide the trainings below, or can suggest and present comparable training with Contract Monitor approval:

1. Training #1

Topic: Assessing individuals with Intellectual

Disabilities -

Communicating with

Courts

Participants: Psychologists and Administrators (8-10)

Training Hours: 4-6 Hours

2. Training #2

Topic: Documenting Behaviors – Communicating with the Forensic

Evaluator Participants: Clinical – Direct Care – Medical and

Nursing Staff (5-30)

RFP for Forensic Services 8/15/2023 Page 4 of 97

Training Hours: 4-6 Hours

3. Training #3

Topic: Assessing Individuals with intellectual disabilities &

Developmental Disabilities – Competency to Stand Trial &

Criminal Responsibility: Dangerousness

Participants: Psychologists and Court Personnel (50-60)

Training Hours: 4-6 Hours

4. Training #4

Topic: Provisions of Competency Attainment Services with

Individuals with Intellectual Disabilities – Communicating with the

Forensic Evaluator

Participants: Clinical Personnel (5-10)

Training Hours: 4-6 Hours

Portions of this training may be performed via web as a refresher training, however due to the interactive sections of trainings the participants must attend the trainings in person at least once to enhance the effectiveness of the trainings.

C. Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may purchase from the

Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

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

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

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

4. Shall be subject to other terms and conditions agreed to by the Contractor and the purchaser.

D. All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The

Contractor shall bear the risk of determining whether or not a government agency or organization with which the Contractor is dealing is a State entity.

2.6. Background, Purpose, and Goals

2.6.1. The DDA provides a coordinated service delivery system so that individuals with developmental disabilities receive appropriate services oriented toward the goal of integration into the community. These services are provided through a wide array of community-based services delivered primarily through a network of non-profit providers, as well as a forensic residential center and state residential centers that provide services to individuals with intellectual disabilities. DDA’s mission is to partner with people with developmental disabilities to provide them leadership and resources to live fulfilling lives.

Go here to learn more about DDA: Pages – Training (maryland.gov).

2.6.2. Services are administered through the four regional offices, each of which has one (1) or more forensic coordinators (Forensic Coordinators). The Forensic Coordinator position in https://health.maryland.gov/dda/Pages/training.aspx

RFP for Forensic Services 8/15/2023 Page 5 of 97 each region is responsible for coordinating all matters involving the criminal courts in their region. DDA regions are as follows:

A. Central Maryland Regional Office (CMRO) – Anne Arundel County, Baltimore City.

Baltimore County, Harford County and Howard County.

B. Eastern Shore Regional Office (ESRO) – Caroline County, Cecil County, Dorchester

County, Kent County, Queen Anne's County, Somerset County, Talbot County, Wicomico County and Worcester County.

C. Southern Maryland Regional Office {SMRO) - Calvert County, Charles County.

Montgomery County, Prince George's County, and St. Mary’s County.

D. Western Maryland Regional Office (WMRO) - Allegany County, Carroll County, Frederick County, Garrett County, and Washington County.

2.6.3. DDA through the ‘Forensic Services Division’ in the Office of Court Ordered Evaluations and Placements, receives requests from District and Circuit Courts across the State of

Maryland. In the year 2022, the Maryland Courts have ordered an approximate 301 forensic initial evaluations or re-evaluations of the Central Maryland, Southern Maryland, Eastern

Shore, and Western Maryland Regional offices. Approximately, 70% of all evaluations originate from the Central and Southern Maryland Regional offices.

2.6.4. DDA has experienced an increase in the number of court requests for services over the past five (5) years, including the need for forensic evaluation reports. In the past, approximately two-thirds of the forensic evaluations have been conducted in the community or jails or detention center while one third have been completed while the individual is in a forensic residential center. Developmental Disabilities Administration retains the authority to determine whether evaluations will be performed by a direct Developmental Disabilities

Administration staff employee, a contract Evaluator, or a joint DDA and BHA (Behavioral

Health Administration) evaluation, as Lead or Non-lead Evaluator.

A. Evaluations: In the year of 2024, an estimated 315 evaluations will be required.

B. Consultations: ln the 2022 actual year DDA used a forensic services contractor to perform approximately 20 hours of consultation, with an expected increase in 2023 to approximately 30 hours and an annual increase of 5%.

C. Testimony: The number of hours of court testimony required in 2022 year was approximately 30 hours, with an expected increase in 2024 to an estimated 40 hours and an annual increase of 5%.

2.6.5. The Contractor may be required to perform evaluations in the Secure Evaluation and

Therapeutic Treatment (SETT) facility, which is a ‘Forensic Residential Center’ (See

Appendix 1) provides a secure setting for individuals with intellectual disability (e.g., mental retardation) committed to Maryland Department of Health by the courts, facility services include evaluation or competency assessment, individualized treatment, and service planning. The primary focus of the SETT facility is to conduct competency evaluations, risk assessments and provide clinical interventions, behavioral support, habilitation services designed to address the issues which led to the individual’s commitment. The goals of the

SETT facility interventions and services are to promote personal growth, and productivity by enhancing each individual’s skills by reducing or eliminating challenging or socially unacceptable behaviors.

2.6.6. DDA information regarding licensed services, training, and policy are on DDA's web site.

The Contractor shall review and familiarize itself with DDA clients and information related to the RFP requirements as specified in this RFP.

A. DDA licensed services: Maryland.gov – Official Website of the State of Maryland https://www.maryland.gov/Pages/default.aspx

RFP for Forensic Services 8/15/2023 Page 6 of 97

B. Offered training: http://health.maryland.gov/dda: and

C. Information. Forms and resources for DDA providers: Pages – Training (maryland.gov)

2.7. Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements

(e.g., reprographic services, computer time, key data entry) shall be identified.

B. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

2.8. Responsibilities and Tasks

The Contractor shall provide consultation services as directed by the Contract Monitor, which may include:

A. Case reviews, case conferences or case presentations on individuals with complex need or presentations (e.g., co-occurring or multiple disorders).

B. Written reports with findings, recommendations for further assessments, care and treatment.

C. Evaluators shall submit the report to the Contractor who shall have 30-45 days to review and provide written report and, D. The Contractor may have to provide testimony at Administrative Law Hearings if the individual contests findings in written report.

1. It is projected that the Evaluators will provide as much as 432 hours per years of consultation services or cross trainings each year for an average of up to 36 hours per month. The Maryland Department of Health makes no guarantee of any minimum or maximum number of hours expressed in this RFP.

E. Provide other evaluation services as directed by the Contract Monitor, including but not limited to:

1. Administering psychological and forensic tests and assessments,

2. Gathering and reviewing information, including court documentation, criminal records, educational records, and various assessment reports,

3. Communicating with involved caregivers, service providers and possibly others,

4. Collaborating with BHA employed Evaluators through the Office of Court Ordered

Evaluation and Placements,

5. Coordinating with Office of Court Ordered Evaluations and Placements, regional offices of DDA, the Community Forensic Aftercare Program, behavioral community providers and other agencies as directed.

2.9. Staffing

A. All psychologists and neurologists working as Evaluators must be pre-approved by the

Contract Monitor. Documentation evidencing compliance with the requirements set forth in this RFP shall be submitted to the Contract Monitor prior to any Evaluator working under the Contract.

B. Psychologists and neurologists shall have at a minimum the following credentials and experience:

http://health.maryland.gov/dda https://health.maryland.gov/dda/Pages/training.aspx

RFP for Forensic Services 8/15/2023 Page 7 of 97

1. Licensure as a Maryland psychologist. A valid copy of the license must be provided at least 7 calendar days prior to work on the Contract

2. Five (5) years of experience evaluating individuals for intellectual/developmental disabilities and mental disorders as demonstrated by the resume or curriculum vitae.

3. Three (3) years of experience conducting forensic evaluations to carry out the duties and responsibilities of Title #3 of the Criminal Procedures Article, Maryland

Annotated Code as demonstrated by a resume or curriculum vitae

4. The required Maryland licenses, according to Title 18, Health Occupation Article, Maryland Annotated Code and COMAR 10.306.01 through .09, must be maintained for each individual Evaluator for the duration of the Contract and produced within 1 business day upon the Contract Monitor’s request.

5. Upon selection and prior to performing any work in the Contract, the Evaluator must successfully complete their requirements for training in at least three (3) days.

There may be two (2) additional days of training session offered by the Department of the Health Office of Court Ordered Evaluation and Placement (OCEP), which must also be completed as directed. No supplementary compensation will be paid by the Department for training.

6. The State of Maryland currently has statewide contracts for foreign language and visual communication interpreter services. If these services are required, the

Contractor shall notify the Contract Monitor in sufficient time to reserve services.

Depending on the location of services, notification may be necessary more than 48 hours prior to date of services. If the Contractor notifies the Contract Monitor of the need for these services when evaluating the defendants, those services shall be provided by the Maryland Department of Health at the State’s expense. If the

Contractor fails to provide advance notice to the Maryland Department of Health of the need for these services, they shall be provided at the Contractor’s expense.

2.10. Reports

The Contractor shall prepare and disseminate evaluation reports and accompanying documents specified which include but are not limited to:

A. Clear and concise reports based on the requirements and communications with the courts in the format as required by the Maryland Department of Health OCEP. The format can be found in the document entitled “Communicating with the Client” Addressing Psycho-

Legal Questions from the Court, Version 2 April 2015.

B. A joint report in the format required by the Maryland Department of Health OCEP, written following collaboration with any Maryland Department of Health Evaluators to conduct joint evaluations of defendants with co-occurring disorders, as needed.

C. Evaluation reports are due by the date specified by DDA and/or based on the court order and other information to the DDA Forensic Services, the DDA regional office coordinators and/or the courts.

D. Letters to the courts and respective Assistant State’s Attorney, Assistant Public

Defender, or the private counsel, by the due date specified by a DDA Forensic Services representative.

E. Recommendations when requested, regarding services to maintain Competency to Stand

Trial and/or to meet treatment and habilitation needs of the defendant.

RFP for Forensic Services 8/15/2023 Page 8 of 97

The Contractor shall submit monthly reports to the Contract Monitor no later than 15 calendar days from the end of the previous month. Each monthly report shall include at a minimum:

A. Type of evaluation or service (e.g., incompetent to stand trial, criminal responsibility, consultation), and the number of evaluations completed, and time spent on court testimony, peer review, cross training, and consultations.

B. Copies of all reports generated for defendants that are evaluated under the Contract.

C. The Contractor shall maintain its own database of the names of defendants, court, jurisdiction, charges, and evaluations completed. This database shall be accessible by the

Contract Monitor and shared with DDA by electronic records transfer.

D. The Contractor shall maintain its own database of the names of individuals court ordered for evaluation of competencies to stand trial, criminal responsibility, dangerousness reports and any court hearing dates for completed reports.

E. Hardware and software costs procured as part of the RFP cannot exceed 49 percent of the total Contract value.

F. Material costs shall be passed through with no mark-up by the Contractor.

2.11. Required Project Policies, Guidelines and Methodologies

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting Information Technology projects, which may be created or changed periodically.

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

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

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

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

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

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

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

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

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

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

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

Knowledge Guide.

2.12. Product Requirements

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

http://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx http://www.doit.maryland.gov/ http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx%3B http://doit.maryland.gov/epmo/Pages/ProjectOversight.aspx

RFP for Forensic Services 8/15/2023 Page 9 of 97

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

(See RFP Section 5.3.2).

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

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

D. Offeror consistent expiration dates: A Purchased Order (PO) for a service already being delivered to the Developmental Disabilities Administration under the Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated.

E. Any Contract award is contingent on the State’s agreement, during the Proposal evaluation process, to any applicable terms of use and any other agreement submitted under (Section 5.3.2). Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

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

G. In addition to any notices of renewal sent to the DDA, Contractors shall email notices of renewal to the e-mail address designated by the Contract Monitor.

2.13. Maintenance and Support

Maintenance and support, and Contractor’s ongoing maintenance and support obligations, are defined as follows:

A. Maintenance commences at the beginning date of the 90-day transition period from one vendor to another/ preparation and or startup of new fiscal budget. Maintenance starts at

State acceptance of initial startup activities.

B. Billing for such maintenance and support shall commence after 30 days of start of the

Contract.

C. Software maintenance includes all future software updates and system enhancements applicable to system modules licensed without further charge to all licensed users maintaining a renewable software support contract.

D. Support shall be provided for superseded releases and back releases still in use by the

State.

1. Error Correction. Upon notice by State of a problem with the Software (which problem can be verified), reasonable efforts to correct or provide a working solution for the problem.

2. Material Defects. Contractor shall notify the State of any material errors or defects in the evaluations or consultations known or made known to Contractor from any source during the life of the Contract that could cause the dissemination of inaccurate or otherwise materially incorrect results. The Contractor shall initiate actions as may be commercially necessary or proper to effect corrections of any such errors or defects.

E. Operations tasks to include virus scans of information systems used by Contractor to process, evaluate, store Personal Identifying Information (PII) and any other information protected under the Health Insurance Portability Accountability Act (HIPAA).

RFP for Forensic Services 8/15/2023 Page 10 of 97

F. Monthly Activity reporting of the following billable services and hours rendered for:

“Competency to Stand Trial (CST) Evaluations (Eval.)”, “CST Non-Lead (Eval.)”, “CST Re-Eval.”, “CST Criminal Responsibility”, “CST Criminal Responsibility Non-

Lead”, “Dangerous Eval.”, “Competency to Proceed Juvenile (CTP)”, “CTP Juvenile

Eval.”, “Consultation” and “Court Testimony”.

2.14. Additional Requirements

2.14.1. The Contractor shall:

A. Perform backups of the web, application, and database servers on a regular basis. This shall include routine backups of data and reports.

B. Provide backups of the configuration and data on a regular basis as a Contract option.

Contractor shall describe backup services offered and shall offer pricing for this option in the Financial Proposal Form (Attachment B).

C. Meet the Recovery Time Objective (RTO) and Recovery Point Objective (RPO) metrics

2.14.2. The Contractor shall:

A. Perform backups for all application and configuration data that is necessary to restore the application to full operability on suitable hardware. The backup shall consist of at least:

1. Quarterly, every three months (3) back up data and evaluations

2. Maintain full retention of records for at least 7 years.

2.15. Deliverables

Deliverable Submission

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

B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an agency deliverable product acceptance in the form of typed forensic evaluation report and/or itemized invoice for the deliverable product (i.e. consultation and court testimony)

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

Office, Microsoft Project, or Microsoft Visio within two (2) versions of the current version and/or Google documentation version. At the Contract Monitor’s discretion, the

Contract Monitor may request one hard copy of a written deliverable.

D. A standard deliverable review cycle will be elaborated and agreed-upon between the

State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

E. 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

2.17 Minimum Deliverable Quality. Drafts of each final deliverable, except status

RFP for Forensic Services 8/15/2023 Page 11 of 97 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 2.17 Minimum Deliverable Quality.

2.16. Deliverable Acceptance

A. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.15 Deliverables.

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

Contract Monitor is responsible for providing clear guidance and direction to the

Contractor in the event of divergent feedback from various team members.

C. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). Following the return of the DPAF indicating “Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF, or payment may be withheld.

D. 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.

2.17. Minimum Deliverable Quality

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

Each deliverable shall meet the following minimum acceptance criteria:

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

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

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

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

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

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

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

RFP for Forensic Services 8/15/2023 Page 12 of 97

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

I. 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 Forensic Services 8/15/2023 Page 13 of 97

3. Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP

Date. At the kickoff, the Contractor shall furnish an updated project schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 90 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition.

B. Maintain the services called for by the Contract at the required level of proficiency.

C. Provide updated System Documentation (see Appendix 1), as appropriate; and

D. Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the

Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract

Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of contract end date.

3.2.5 The Transition-Out Plan shall address at a minimum the following areas:

a) Any staffing concerns/issues related to the closeout of the Contract.

b) Communications and reporting process between the Contractor, the DDA and the

Contract Monitor.

c) Security and system access review and closeout.

d) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the DDA or a designee.

e) Any final training/orientation of DDA staff;

f) Connectivity services provided, activities and approximate timelines required for

Transition-Out;

g) Knowledge transfer, to include:

RFP for Forensic Services 8/15/2023 Page 14 of 97

i) A working knowledge of the current system environments as well as the general business practices of the DDA;

ii) Review with the DDA the procedures and practices that support the business process and current system environments;

iii) Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

iv) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

v) A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

h) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

i) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

3.2.6 The Contractor shall ensure all documentation and data including, but not limited to, System

Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

3.2.7 The Contractor shall provide copies of any current daily and weekly back-ups to the DDA or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

3.2.8 Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.9.

3.2.9 Return and Maintenance of State Data

1) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and

Technology (NIST)-approved methods with certificates of destruction to be provided to the

State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

2) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

3) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

RFP for Forensic Services 8/15/2023 Page 15 of 97

3.3.1.1 The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Jarvis Williams at e-mail address:

jarvis.williams@maryland.gov.

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

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

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper

Invoice, invoices must include the following information, without error:

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.

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

3.3.1.5 The DDA reserves the right to reduce or withhold Contract payment in the event the

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

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

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

3.3.1.7 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.

3.3.1.8 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:

mailto:jarvis.williams@maryland.gov

RFP for Forensic Services 8/15/2023 Page 16 of 97

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

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

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

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

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

a) The amount invoiced is inconsistent with the Contract.

b) The proper invoice has not been received by the party or office specified in the

Contract.

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

d) The item or services have not been accepted.

e) The quantity of items delivered is less than the quantity ordered.

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

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

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

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this RFP.

There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-

Routine Travel without prior Contract Monitor approval.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

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

RFP for Forensic Services 8/15/2023 Page 17 of 97

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

3) The Contractor shall furnish a DR site.

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

5) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within…