DGS - OSP-ORE- REAL ESTATE BROKERAGE - TRANSACTION MANAGEMENT- AND STRATEGIC PLANNING SERVICES.pdf

Real Estate Brokerage, Transaction Management, and

Strategic Planning Services

Solicitation #: BPM053853

RFP Document

RFP for DGS-OSP and ORE Page 1 of 58

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES (DGS)

REQUEST FOR PROPOSALS (RFP)

REAL ESTATE BROKERAGE, TRANSACTION

MANAGEMENT, AND STRATEGIC PLANNING SERVICES

RFP NUMBER BPM053853

ISSUE DATE: JANUARY 12, 2025

NOTICE TO OFFERORS

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

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

RFP for DGS-OSP and ORE Page 2 of 58

STATE OF MARYLAND

KEY INFORMATION SUMMARY SHEET

Request for Proposals Real Estate Brokerage, Transaction Management, and Strategic Planning

Services

Solicitation Number: BPM053853

RFP Issue Date: January 12, 2025

RFP Issuing Office: Department of General Services (DGS or the "Department")

Procurement Officer: Maureen Loiseau

45 Calvert Street, Annapolis, Maryland 21401

Email:

Phone Number:

maureen.loiseau@maryland.gov

(410) 260-7863 (O)

Proposals are to be sent to:

Electronic submission via eMaryland Marketplace Advantage (eMMA)

Submit on emma.maryland.gov under Solicitation Number BPM053853

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

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

No Bid/Proposal Notice

Feedback Form

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

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

Tuesday, January 20 2026 at 10:00 a.m. Local Time

Virtual Meeting via [Zoom/WebEx/Teams]

See Section 4.3 for additional details.

See Attachment 2 to RSVP by [[Insert RSVP Due Date]] to Attend

Scheduled Site Visit N/A – There will be no site visit for this RFP.

Questions Due Date and

Time:

Tuesday, January 27, 2026 at 10:00 a.m. Local Time

45 Calvert Street, Annapolis, Maryland 21401

See Attachment A for directions and instructions.

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Proposal Due (Closing)

Date and Time:

Thursday, February 26, 2026 and Time]] Local Time

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

Notice/Vendor Feedback Form).

MBE Subcontracting

Goal:

35% with no subgoals

VSBE Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of 0%

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

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Indefinite Quantity

Contract Duration: Three (3) year base period with one (1) two-year option period

Primary Place of

Performance:

Department of General Services, Office of Real Estate

300 W. Preston St., Rm. 601

Baltimore. MD 21201

SBR Designation: No

Federal Funding: No

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

2.5 Substitution of Personnel

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 No Cost Extension

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Security Requirements

3.13 SOC 2 Type 2 Audit Report

3.14 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.16 Insurance Requirements

3.17 Non-Compete Clause Prohibition

3.18 Disaster Recovery and Data

4 Proposal Submission Information and Instructions

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4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Award Basis

4.10 Duration of Proposals

4.11 Revisions to the RFP

4.12 Cancellations

4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Offeror Responsibilities

4.16 Acceptance of Terms and Conditions

4.17 Compliance with Laws/Arrearages

4.18 Verification of Registration and Tax Payment

4.19 False Statements

4.20 Multiple or Alternate Proposals

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

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

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

A. . The Offeror shall be certified by the Maryland Real Estate Commission as a broker.

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

Proposal a copy of its broker license

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Request for Proposals (RFP) is issued to procure the services, as specified in this

Section 2, from a contract between the selected offeror(s) and the State of Maryland

(“State”). The Department of General Services (DGS or the "Department") is issuing this

RFP in order to obtain Real Estate Brokerage, Transaction Management, and Strategic

Planning services. The purpose of this solicitation is for real estate support services to identify and acquire suitable leased space, to assist in the strategic planning with departments and lease administration services to be administered by DGS Office of Real

Estate (ORE). The Offeror to be selected to perform these services is referred to as the

Contractor throughout this RFP.

2.1.2 It is the State’s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. See RFP Section 6.5 Selection Procedures for more Contract award information.

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

4.9 – Award Basis for more Contract award information

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work

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

Contract.

2.2 Background and Purpose

DGS ORE is responsible for delivering leased space that meets State needs in the most cost effective manner. ORE is responsible for lease execution and management from beginning to end for the State’s portfolio of approximately 280 State commercial office leases which includes office, warehouse and storage leases. These facilities range in size from 390 net usable square feet to 500,000 net usable square feet. DGS also oversees an additional 50 intergovernmental office leases, 65 parking leases, and over 200 revenue leases. Appendix 3 lists all current applicable State leases due to expire in the next one (1) to five (5) years. The current State budget requires a careful analysis of current lease costs to find methods to reduce the overall cost to the State of the lease portfolio.

While the State requires the negotiation and/or re-negotiation of rather large blocks of space for significant periods of time, the State also requires the continuation, modification, or initiation of the leasing of relatively small blocks of space over relatively short periods of time. The potential commissions resulting from a commission split with the lessor's representatives can vary from substantial to none. These factors should be carefully evaluated and considered by each potential

Offeror that may be considering a response to this RFP .

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2.2.1 Project Goals

The strategic real estate planning goals for DGS and State agencies include but are not limited to:

A. Cost savings/avoidance;

B. Increased operational efficiency;

C. Anticipation of projected trends and needs, including work place environment; and

D. Implementation of the strategic plan in a time frame and manner to meet agency needs.

2.2.2 Existing Manuals

i. The Space Planning Manual (dated May 15, 1989), and as amended contains technical, procedural, and policy guides for accomplishing:

1) The assignment of State-owned office and storage space to State agencies, boards, commissions, and institutions;

2) The acquisition of real property through lease for use by State agencies, boards, commissions, and institutions;

3) The granting for use, through lease or concession, certain State-owned real property to the private sector for the benefit of the State of Maryland; and

4) The conduct of periodic surveys of space requirements and space utilization for all

State agencies, boards, commissions, and institutions,

ii. The DGS General Performance Standards and Specifications Manual (dated July 1, 2024), and as amended provides DGS standards on leased real estate facilities which incorporates high performance energy efficient green building strategies and processes to install products, components and systems to improve building performances by significantly reducing energy consumption and water usage, increasing facility flexibility and improving user comfort and satisfaction for State agencies.

2.2.3 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State shall provide:

A. State Portfolio Manager

1) The State will provide a Portfolio Manager (PM) who will be responsible for overseeing the work of the Contractor and ensuring that leases are renewed in a timely manner. The PM shall review and approve all negotiated lease terms prior to submission for Board of Public Works approval.

B. Agency Relationship Managers (ARMs)

1) The State will provide Agency Relationship Managers (ARMS) assigned to specific

State agency portfolios. The ARMs shall work collaboratively with the Contractor and its team to provide an approved Request for Space package for lease renewal and new lease requests; perform pre-lease renewal inspections; conduct tours and inspections of new lease locations; and communicate with the agency on the time-line for the renewal or new lease request.

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2.2.4 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 shall be identified.

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

2.3 Contractor Responsibilities and Tasks

A. The Contractor shall provide strategic planning services in conjunction with the PM, including:

1) Evaluate the agency’s space;

2) Identify areas of underutilization and opportunities for the reduction of leased space;

3) Make recommendations for consolidation and lease renegotiation;

4) Evaluate programmatic requirements for specific programs;

5) If necessary, identify suitable sites;

6) Analyze and supply market data to support any proposed transaction;

7) Negotiate lease terms and services;

8) Prepare necessary legal documentation for DGS Attorney General’s (AG) review; and

9) Prepare the required documentation for the Board of Public Works (BPW) submission.

B. If the General Assembly fails to appropriate funds or if funds are otherwise restricted, DGS

ORE may withdraw any assignment, at any time prior to approval of a lease, in its sole discretion.

2.3.1 Review of Department Reports

DGS ORE will provide the Contractor with a report of all property leased within the DGS ORE portfolio. Rent and other costs of occupancy will also be provided.

2.3.2 Lease Research

The Contractor, through the PM, will have access to the DGS ORE lease files on-site. The Contractor shall examine these files whenever there is reason to believe, based on DGS ORE reports and agency contact interviews, that additional information is required to establish actual costs to the State (e.g., unamortized lease costs, landlord’s rights under the lease, etc.).

2.3.3 Office Space Efficiency Profile

A. The Agency Relationship Managers (ARM’s) and the Contractor will physically walk through all locations to establish compliance with any applicable space standards, document building conditions, and determine organizational efficiencies that could be accomplished by consolidation or reconfiguration. The Contractor shall develop space audit reports by location to highlight under-utilization and target leases requiring backfill, renegotiation, or cancellation. The Contractor must provide the completed report to DGS ORE’s PM for review within 30 days of completion.

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B. The Contractor shall summarize the results of the space audit reports required in item A for every lease and prioritize the leases by the opportunities they present for cost savings. These opportunities for cost savings should take into account:

1) Consolidation of two (2) or more functions into existing space.

2) Reconfiguration of existing space to increase efficiency.

3) Lease cancellation or renegotiation to allow agencies to relocate into less costly space.

4) Potential energy savings.

2.3.4 Identification of Opportunities

The Contractor shall review market factors and determine which locations/leases are above market rates. A space utilization profile must be developed for every previously prioritized location as determined by DGS ORE PM. The Contractor shall identify industry best practices related to real estate portfolio management that could be beneficial to DGS ORE in the management of its real estate assets.

2.3.5 Strategic Plan

The Contractor shall synthesize the information gathered under the aforementioned Responsibilities and Tasks regarding existing leases and property and produce a plan that addresses the agency’s long-term goals and the DGS ORE objectives as described in Section 2.2 of this RFP.

2.3.6 Site Location, Market Analysis, and Lease Procurement Services

A. The Contract Monitor will maintain overall contract oversight and compliance responsibilities, while the PM, serving as the Lease Management Chief, will manage daily broker interactions and deliverable tracking. Together, the Contract Monitor and PM will coordinate all contractor assignments and lease designations for locations across the State, regardless of size or use (e.g., office, warehouse, etc.)

B. Prior to commencing any negotiations with any prospective landlord or landlord’s agent, the

Contractor shall inform the lessor or its respective agents, in writing, that in the event the

State enters into a lease agreement, the lessor will be expected to pay a commission in the aggregate equal to the customary tenant representative commission in the market either directly to Contractor or through a commission split with lessor’s broker. Contractor shall also inform the lessor or its respective agents, in writing, that Contractor is operating on behalf of the State of Maryland, by and through DGS ORE and that no other contractual relationship exists between Contractor and any other party to the negotiations, contract with the landlord or landlord’s agents.

C. The Contractor shall provide the following services based on the final accepted strategic plan:

1) Prepare requests for lease proposals in accordance with current DGS ORE policy and procedures (available upon request from the PM). Specifications and requirements for leased space and standard State lease can be viewed at http://www.dgs.maryland.gov/Pages/RealEstate/index.aspx, on the right hand side of the page.

a. Review availability of existing space and new space in identified geographic areas.

http://www.dgs.maryland.gov/Pages/RealEstate/index.aspx

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b. Develop advertisements for space in accordance with current DGS ORE policy and procedures.

c. Review and analyze proposals for best value to the State.

d. Research the market for appropriate space alternatives.

2) Prepare a market survey that addresses:

a. Asking price and business terms of the lease for the site(s) selected and an abstract of all the business terms of the recommended site.

b. List of all the comparable sites evaluated and their asking terms.

c. Appropriate market data to justify the recommended transaction (including the negotiated terms of actual leases in similar properties whenever possible).

d. The existing condition at the recommended site of any known asbestos, building or fire code violations, engineering, structural or any other potentially hazardous conditions which may be determined to be of concern.

e. If more than one site satisfies the agencies requirements, discounted cash flow and other analysis of projected rents and other costs comparing each site (qualitative and quantitative), and a recommendation of the most appropriate alternative based upon a comparative financial analysis and best values.

3) Arrange inspections of appropriate sites for DGS ORE and the client agency. Determine whether the site is suitable for the agency’s need (e.g. that it meets State specifications and has adequate electrical power, HVAC, and floor load; meets structural requirements;

etc.).

4) Provide information on lessor performance and related compliance.

5) Negotiate new leases and renewals for best value to State.

6) Manage execution of lease agreements.

7) Provide emergency lease support in case of a catastrophic event that requires immediate relocation.

D. No later than 60 days prior to the expiration of the Contract, DGS ORE and the Contractor will develop a list of pending assignments on which the Contractor must complete the lease negotiations and obtain a final landlord executed lease by or before the date of the contract expiration.

E. DGS ORE may withdraw any assignment at any time prior to execution of the lease agreement by DGS ORE in its sole discretion with no liability to the State for compensation to the

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Contractor. The Contractor shall perform the work under the Contract in a manner that is cost effective for the State and most likely to attain the objectives of the RFP.

F. The Contractor shall perform all assigned tasks regardless of task value.

G. Land Acquisition and Disposal Division

1) Market properties on the DGS disposal inventory and negotiate sale terms for disposal.

2) Site search/selection for properties needed for capital acquisitions and negotiate sale terms for acquisition.

2.3.7 Project Control and Reports – Commission Work

A. Project Control

1) The Contractor shall perform all services of this Contract under the direction and control of the DGS ORE through the Portfolio Management staff.

2) Although there will be continuous liaison with the Contractor’s team, the Contract

Monitor and DGS ORE PM will meet at ORE monthly at a minimum, with the

Contractor’s Project Manager for the purpose of reviewing progress and providing necessary guidance to the Contractor in solving problems that arise.

B. Monthly Summary of Progress

The Contractor shall submit brief written monthly summaries of progress which outline:

1) Work accomplished during the reporting period;

2) Work to be accomplished during the subsequent reporting period;

3) Problems or issues, real or anticipated, which should be brought to the attention of the

Contract Administrator;

4) Notification of any significant deviation from previously agreed-upon work plans, which the DGS ORE PM will either approve or disapprove; and

5) MBE reporting information to include compliance with all applicable MBE reporting requirements under COMAR 21.11.03, submission of monthly MBE payment reports and subcontractor verifications, cooperation in resolving any discrepancies, retention and availability of documentation supporting MBE participation and payment activity, prior written approval for any proposed changes to MBE subcontractors, and demonstration of Good Faith Efforts if the committed MBE participation cannot be met.

2.3.8 Supplemental Lease Administration Services

The Contractor shall assist with DGR ORE lease administration services which shall include:

A. Assistance with the organization and maintenance of lease files;

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B. Assistance in the creation/identification of lease management software;

C. Assistance/organization/maintenance and all cost associated in maintaining software and ensuring ownership of the leasing data (including annual license fees) for ORE Leased Property

Inventory database operating cost audits; The Contractor shall manage the ORE Leased

Inventory database system and enter all required information into system (including, but not limited to full lease abstraction of lease documents, attachments of all lease documents, and pertinent correspondence). Desktop review of all operating costs/escalations. The Contractor shall provide the State with a license (in accordance with Section 2.3.13) for the use of any software used under this Contract for no less than one (1) year beyond the end of the Contract.

D. Periodic review of space standards;

E. Escalation calculations;

F. Standard Operation Procedures (SOP)

G. Manual preparation; and

H. The Contractor shall perform additional services and options which were recommended in its

Technical Proposal and accepted by DGS ORE, to provide added value to DGS ORE.

2.3.9 Space Management Procedures

The Contractor shall update the Space Planning Manual (dated May 15, 1989), as amended and the

General Performance Standards and Specifications Manual (dated July 1, 2024), as amended as described in Section 2.2.2 for the State of Maryland leased facilities.

2.3.10 Fee Structure

A. In this Contract, compensation for work performed shall be performance-based. Specifically, compensation for all functions identified in this section of the RFP shall be performed by Key

Personnel assigned to this Contract, and the payment shall be derived from commissions paid by lessors entering into contracts with the State. The Contractor shall provide for commission sharing payments to the State from the commissions received for representing the State in real estate transactions.

1) The commission structure for fees paid to the Contractor is 4% of the annual base rent for years 1 - 5 of the lease term and 2% of the annual base rent for years 6 - 10 of the lease term. This equates to an average commission of 3% of annual rent for a 10-year lease term. In the private Baltimore market, the standard commission rate for commercial lease transactions is 3% for ten-year term lease agreements.

2) The above lease structure shall also apply to moves from State-owned space to commercial leased space. The tiered rebate structure for commissions covered under

Part 2 of Attachment B – Financial Proposal shall be cumulative (e.g. the rebate for the lowest tier shall apply to the first $499,999.99 of any applicable commission).

3) For agency moves from State-owned space to commercial leased space of less

RFP for DGS-OSP and ORE Page 15 of 58 than 25,000 square feet, which are not covered by Part 2 of the Financial

Proposal, the DGS Rebate from Part 1 shall apply.

B. DGS may request additional consulting services as described in Section 3.10.3 for which compensation will be based on hourly rates.

C. In the event an Offeror determines any portion of the tasks in Sections 2.3.1 - 2.3.10 represents a cost to the State, that work must be identified in its Technical Proposal, and associated costs in its Financial Proposal.

2.3.11 Conflict of Interest

In all matters concerning the lease negotiation process, the Contractor’s sole and absolute loyalty and fiduciary duty is to the State of Maryland. With each proposed lease transaction, the Contractor must provide an affidavit, via a signed Conflict of Interest Affidavit (Attachment H). The Contractor will be prohibited from recommending lease space to the State, in a building where the Contractor and/or immediate family have ownership, financial, or other related interest of any type, for the length of its contractual relationship with the State. (“Immediate family” is defined as parents, children, and siblings.)

2.3.12 Confidentiality of Data and Information

A. All financial, statistical, personnel, technical, and other data and information relating to the

State’s operation which are designated confidential by the State and made available to the

Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this section.

B. The Contractor shall not be required under the provisions of this section to keep confidential,

(1) information generally available to the public, (2) information released by the State generally, or to the Contractor without restriction, (3) information independently developed or acquired by the Contractor or its personnel without reliance in any way on otherwise protected information of the State. Notwithstanding the foregoing restrictions, the Contractor and its personnel may use and disclose any information which it is otherwise required by law to disclose, but in each case only after the State has been so notified, and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure.

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2.3.13 Contractor-Supplied Hardware, Software, and Materials

A. The Contractor shall provide a lease management software at no cost to the State.

B. The Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided, and shall keep all software current.

C. All Upgrades and regulatory updates shall be provided at no additional cost.

D. The State requires that the Offeror price individual software modules separately.

E. The State also requires that the Offeror provide fully functional, generally available software and multiple-user licenses as needed throughout the life of the Contract.

F. The State requires that the leasing data maintained in the software be owned and transferred to the State at the conclusion of the contract.

G. The Offeror shall install and provide all documentation for the software furnished under the

Contract. 2.3.14

2.3.14 Product Requirements

A. The Contractor shall provide a lease management software at no cost to the State.

B. The Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided, and shall keep all software current.

C. All Upgrades and regulatory updates shall be provided at no additional cost.

D. The State requires that the Offeror price individual software modules separately.

E. The State also requires that the Offeror provide fully functional, generally available software and multiple-user licenses for purchase as needed throughout the life of the Contract.

F. The Offeror shall install and provide all documentation for the software furnished under the

Contract.

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

H. 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 5.2.6.

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

Contract.

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

Contract documents.

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

2.4 Experience and Personnel

2.4.1 Preferred Offeror Experience

A. Offeror should have been in business at least three (3) years. Greater consideration will be given to firms who have successfully managed leasing portfolios of comparable scope and

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B. The experience listed in Section 5.3.2H is expected and will be evaluated as part of the

Technical Proposal (see the Offeror experience, capability and references evaluation factor from Section 6.2):

2.4.2 Key Personnel Identified

For the Contract, the following positions to be identified in the Technical Proposal will be considered Key Personnel, and shall be required to meet the qualifications stated below. Key Personnel conflicts of interest must be disclosed with the Technical Proposal, and should fully identify what the conflicts are.

A. A Project Manager who will have overall responsibility for this Contract and must demonstrate four (4) years within the past seven (7) years of relevant work experience performing some or all of the specific tasks in this RFP. Must be a licensed broker in the

State of Maryland.

B. A Research Analyst who will be responsible for accurate analysis and timely reporting, and must demonstrate three (3) years recent relevant work experience.

C. A Lease Administrator whose position must demonstrate three (3) years’ recent relevant work experience performing commercial lease administration duties. This position will be responsible for:

1. Abstraction of all lease documents and maintenance of lease data in the real estate management software system;

2. Attaching all lease documents and pertinent correspondence in the real estate management software system;

3. Monitoring critical dates;

4. Review of year end operating expenses/escalation billings and back up documentation to ensure compliance with the lease documents;

5. Identifying and resolution of problems/issues with operating expense/escalation billings; and

6. All other clerical/lease administration duties as assigned.

2.4.3 Consulting Services

Upon written request by the State, the Contractor shall provide the following additional services at the hourly rates stated in Part 3 of its Financial Proposal, for any tasks within the overall scope of work that are not otherwise provided for herein. Such services may be authorized when the Contract

Monitor determines, in reasonable discretion, that an hourly compensation structure is appropriate.

These services may include, but are not limited to, analysis for future real estate decisions related to relocation or consolidation, including space needs assessments, space planning, space design, cost estimating, and master planning. Authorized personnel may include:

A. Project Executive

B. Program Manager

C. Project Manager (additional)

D. Assistant Project Manager

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E. Cost Estimator

F. Scheduler

G. Space Planner

H. Transition Manager

Deliverables, timelines, and acceptance criteria shall be defined in the State’s written authorization.

2.4.5 Contractor Personnel Required to Maintain Professional Certifications

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

2.4.6 Work Hours

Unless otherwise specified, the following work hours requirements are applicable:

A. Business Hours Support: Contractor shall assign Contractor Personnel to support Normal State

Business Hours (see definition in Appendix 1).

B. Contractor Personnel may also be required to provide occasional support outside of Normal

State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies. Hours performing activities must be accounted for in the Financial Proposal.

C. State-Mandated Closings: Contractor Personnel shall be required to participate in any State-mandated closings. In this event, the Contractor will be notified in writing by the Contract Monitor of these details.

D. Minimum and Maximum Hours: A flexible work schedule may be used with Contract Monitor approval, including time to support any efforts outside core business hours. Services in support of this Contract may be achieved on-site or remotely by electronic means approved by the Contract

Monitor, or by a combination thereof. The estimated minimum of on-site support is 24 hours per

Key Personnel position, per week.

E. Vacation Hours: Requests for leave shall be submitted to the Contract Monitor at least two (2) weeks in advance. The Contract Monitor reserves the right to request a temporary replacement if leave extends longer than one (1) consecutive week. In cases where there is insufficient coverage, a leave request may be denied.

2.5 Substitution of Personnel

2.5.1 Continuous Performance of Key Personnel

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

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A. Key Personnel shall be available to perform Contract requirements as of the NTP Date. Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the

Contractor from working under the Contract without the prior written approval of the Contract

Monitor.

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

2.5.2 Definitions

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

A. Extraordinary Personal Event – means any of: leave under the Family Medical

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

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

2.5.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.5.4.

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

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1. A detailed explanation of the reason(s) for the substitution request;

2. The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3. The official resume of the current personnel for comparison purposes; and

4. Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

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D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or

(ii) contingent or temporary approval for a specified time limit, of the requested substitution. The

Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

2.5.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, Department policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 2.5.4 A.2.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

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

Monitor may give written notice of the continuing performance issues and either request a new

Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

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

5. If the Contract Monitor determines to direct substitution under 2.5.4.A.1, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor. However, if the Contract

Monitor deems it necessary and in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

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

2.5.4.A.1 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement

1. To replace any Key Personnel in a circumstance other than as described in 2.5.4.C including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.5.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

C. Key Personnel Replacement Due to Sudden Vacancy

a) The Contractor shall replace Key Personnel whenever a sudden vacancy occurs (e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B

b) Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.5.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

3. Key Personnel Replacement Due to an Indeterminate Absence

a) If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the

Contractor shall identify a suitable replacement and provide the same information and items to the

Contract Monitor as required under Section 2.5.3.

b) However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor, the Contract Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return

2.5.5 Substitution Prior to and Within 30 Days after Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances:

(a) For actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal

Event, or the death of such personnel; and

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(b) For any temporary staff, subcontractors or 1099 contractors: the vacancy occurs due to an

Incapacitating event or the death of such personnel.

To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

The Contractor shall schedule and hold a kickoff meeting within ten (10) Business Days of the

Notice to Proceed (NTP) Date, providing an updated Project Schedule that outlines the activities of the Contractor, the State, and any third parties to ensure a full transition to the proposed lease management software. Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may also schedule a kickoff meeting prior to the commencement of Contract performance.

3.2 End of Contract Transition

3.2.1 The Contractor shall cooperate in the orderly transition of services to the State or a follow-on contractor at the end of the Contract term or upon receipt of a Notice of Termination from the

State. Transition shall be provided in a prompt and timely manner, in accordance with the schedule provided in the Notice of Transition, and may include, but is not limited to:

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

B. Maintaining the services required by the Contract at the specified level of proficiency;

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

D. Providing current operating procedures, as appropriate.

Additional instructions regarding transition services may be issued by the State in the event of a Notice of Termination.

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:

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

Contract end date.

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

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1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Department and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department or a designee;

5) Any final training/orientation of Department staff;

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

Transition-Out;

7) Knowledge transfer, to include:

a. A working knowledge of the current system environments as well as the general business practices of the Department;

b. Review with the Department the procedures and practices that support the business process and current system environments;

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

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

e. A working knowledge of various utilities and corollary software products used in support and operation of the lease management software;

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

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

C. 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.

D. The Contractor shall provide copies of any current daily and weekly back-ups to the

Department 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.

3.2.5 Return and Maintenance of State Data

A. 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

RFP for DGS-OSP and ORE Page 25 of 58 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.

B. 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.

C. 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

A. Compensation for this task will be derived from commissions paid by the lessor and in accordance with the agreed upon Financial Proposal and Best and Final Offer, if accorded by the State.

B. The Contractor shall submit monthly reports to the PM by the fourth (4th) Wednesday of each month. Each monthly submission shall include the following Completed projects

1) Status of open projects and estimated completion dates

2) Cost avoidance/savings/net usable square feet (NUSF) reductions

3) Commissions

4) Leases executed

5) Program performance measures

6) Amount due

7) Any additional documentation required by regulation or the Contract

C. For consultant services rendered in accordance with Section 3.10.3, monthly invoices will be required.

3.3.1 Invoice Submission Schedule and Requirements

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

A. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the first business day of the month following the end of the invoice period.

B. Submission of an invoice constitutes the Contractor’s verification that the information is accurate as of the time of submission. An invoice not satisfying the requirements of a

Proper Invoice (as defined in COMAR 21.06.09) will not…