DoIT MD FiRST Coverage Improvement Plan - Kent County TORFP FINAL.pdf

RADIO COMMUNICATIONS 2018 MASTER CONTRACT

TASK ORDER REQUEST FOR PROPOSALS (TORFP)

MARYLAND DEPARTMENT OF INFORMATION

TECHNOLOGY (DOIT)

SOLICITATION NUMBER: F50B4600038

MARYLAND FIRST COVERAGE IMPROVEMENT PROGRAM

– IN BUILDING SYSTEMS (KENT COUNTY, MD)

ISSUE DATE: MAY 6, 2024

Maryland FiRST Coverage Improvement Program – In Building Systems (Kent County, MD) Solicitation #: F50B4600038 Radio Communications Master

Contract TORFP

RFP for Maryland Department of Information Technology Page ii

MARYLAND DEPARTMENT OF INFORMATION

TECHNOLOGY (DOIT )

KEY INFORMATION SUMMARY SHEET

Solicitation Title: Maryland FiRST Coverage Improvement Program – In Building

Systems (Kent County, MD)

Solicitation Number

(TORFP#):

F50B4600038

Functional Area: FA 1: Two-Way Radio Equipment

TORFP Issue Date: May 6, 2024

TORFP Issuing Office: Maryland Department of Information Technology (DoIT ) or the "the Agency"

DoIT Location: 100 Community Place Crownsville, Md 21032

TO Procurement Officer: Carla Thompson e-mail:

Office Phone:

carla.thompson2@maryland.gov

(410) 697-9667

TO Manager: Jennifer Zambito e-mail:

Office Phone:

Jennifer.Zambito@maryland.gov

(410) 274-7725

TO Proposals are to be sent to:

eMaryland Marketplace Advantage (eMMA)

TO Pre-proposal Conference: Monday, May 13, 2024, at 10AM Local Time See Attachment A for locations.

TO Proposals Due (Closing) Date and Time:

May 31, 2024, at 2:00 PM Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Section 5).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Task Order Type: Firm Fixed Price

Task Order Duration: Three (3) year base period with no option periods, commencing from the Effective Date mailto:Jennifer.Zambito@maryland.gov

RFP for Maryland Department of Information Technology Page iii

Primary Place of Performance:

Location #1:

Galena Volunteer Fire Department

90 E. Cross Street, Galena, MD 21635

Location #2:

Millington Community Fire Company Station 2

185 Sassafras Street, Millington, MD 21651

SBR Designation: No

Federal Funding: No

Questions Due Date and Time May 10, 2024, at 2PM Local Time

RFP for Maryland Department of Information Technology Page iv

TABLE OF CONTENTS – TORFP

1 Minimum Qualifications

1.1 Offeror Personnel Minimum Qualifications

2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Deliverables

2.5 Service Level Agreement (SLA)

3 TO Contractor Requirements: General

3.1 Task Order Initiation Requirements

3.2 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 RESERVED

3.7 SOC 2 Type 2 Audit Report

3.8 Performance and Personnel

3.9 Substitution of Personnel

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

3.14 TO Pre-Proposal Conference

3.15 Questions

3.16 TO Proposal Due (Closing) Date and Time

3.17 Award Basis

3.18 Oral Presentation

3.19 MBE Participation Goal

3.20 VSBE Goal

3.21 Living Wage Requirements

3.22 Federal Funding Acknowledgement

RFP for Maryland Department of Information Technology Page v

3.23 Conflict of Interest Affidavit and Disclosure

3.24 Non-Disclosure Agreement

3.25 HIPAA - Business Associate Agreement

3.26 Iranian Non-Investment

3.27 Mercury and Products That Contain Mercury

3.28 Location of the Performance of Services Disclosure

3.29 Department of Human Services (DHS) Hiring Agreement

3.30 Small Business Reserve (SBR) Set-Aside

3.31 Bonds

4 TO Proposal Format

4.1 Required Response

4.2 Two Part Submission

4.3 TO Proposal Packaging and Delivery

4.4 Volume I - TO Technical Proposal

4.5 Volume II – TO Financial Proposal

5 Evaluation and Selection Process

5.1 Evaluation Committee

5.2 TO Technical Proposal Evaluation Criteria

5.3 TO Financial Proposal Evaluation Criteria

5.4 Selection Procedures

5.5 Documents Required upon Notice of Recommendation for Task Order Award

6 TORFP ATTACHMENTS AND APPENDICES

Attachment A. TO Pre-Proposal Conference Response Form

Attachment B. TO Financial Proposal Instructions & Form

Attachment C. RESERVED

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

RFP for Maryland Department of Information Technology Page vi

Attachment I. Non-Disclosure Agreement (TO Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Task Order

Attachment N. RESERVED

Attachment O. DHS Hiring Agreement

Attachment P. Certification Regarding Investments in Iran

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

Appendix 3. Criminal Background Check Affidavit

Appendix 4. Non-Disclosure Agreement (Offeror)

RFP for Maryland Department of Information Technology Page 7 of 71

1 Minimum Qualifications

1.1 Offeror Personnel Minimum Qualifications

There are no minimum qualifications.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Maryland Department of Information Technology Page 8 of 71

2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Information Technology (DoIT ) or the "Agency" is issuing this Radio Communications 2018 Master Contract TORFP in order to procure a contractor to install In- Building antenna/amplifier systems at the Galena Volunteer Fire Department, 90 E. Cross Street, Galena, MD 21635 & the Millington Community Fire Company Station 2, 185 Sassafras Street, Millington, MD 21651 in Kent County. A Task Order award does not assure a TO Contractor that it will receive all State business under the Task Order.

2.2 Background and Purpose

2.2.1 Overview

Maryland First Responder Radio System Team (MD FiRST) is a statewide, P25 Phase 2, Motorola trunked radio system that supports all public safety radio communications at the State level, as well as serving as the primary public safety communications system for 8 counties. MD FiRST uses various 700 MHz radio frequencies and was built-out to provide outdoor, portable radio coverage across the State.

Locations have been identified that require higher levels of coverage (e.g., critical facilities requiring in-building service), and the State is working to find solutions to these situations.

2.2.2 Current Situation

Kent County, Maryland has identified two facilities that need assistance with in-building coverage. The first location is the Galena Volunteer Fire Department located at 90 E. Cross Street, Galena, MD 21635.

The second location is the Millington Community Fire Company, Station 2 located at 185 Sassafras Street, Millington, MD 21651. Both facilities are located in Kent County. Preliminary signal strength testing indicates a loss of approximately -24db to -30db from the outside of the buildings to the interior of both buildings. First Responders have indicated they lose contact with the MD FiRST system both on their portable and mobile radios when inside the buildings. Both buildings are predominately constructed of steel walls and steel ceilings.

2.2.3 State Staff and Roles

In addition to the TO Procurement Officer and TO Manager, the State will provide:

A. State Project Manager

1) The State will provide a State Project Manager who will be responsible for coordination with Talbot County and ensuring all work is completed in accordance with the scope of work.

2.2.4 Other State Responsibilities

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

RFP for Maryland Department of Information Technology Page 9 of 71

2.3 Responsibilities and Tasks

2.3.1 Design

The Contractor shall design an In-Building antenna/amplifier system that covers the existing interior spaces. As part of the design, the following items are required to be submitted: (i) drawings of where all proposed equipment will be located at the facility and (ii) link budget calculations for the proposed in-building system.

2.3.2 Installation

The Contractor shall install all equipment and materials for the proposed system consistent with the approved design.

Please Note:

1. The In-Building system will connect to the MD FiRST Kent County Simulcast Cell.

2. The In-Building system must provide a means of remote monitoring and the ability to send alarm messages.

3. Equipment in the building may be installed either on or above suspended ceilings in the building corridors. The equipment bays have open ceilings at equipment should be installed where most effective.

4. Any fiber/coax cables installed inside the building must be a color other than the standard black plastic coating in order minimize future risks of contractors accidentally damaging it during the building renovations.

5. The work shall be completed in 180 calendar days.

6. All work must be coordinated with the Galena Volunteer Fire Department, the Millington Community Fire Company, and Kent County Department of Emergency Services. Contact information will be provided.

2.3.3 Optimization and Testing

The Contractor shall:

A. Conduct optimization and testing on the installed In-Building antenna/amplifier system to show proper functionality; and

B. Conduct In-Building testing that shall consist of a minimum of 50 locations in the buildings showing that radios can successfully reach the MD FiRST system at a Delivered Audio Quality (DAQ) of 3.4.

2.3.4 Training

The Contractor shall:

A. Provide training on the installed equipment for MD FiRST and Kent County personnel.

B. Provide full documentation of all equipment installed, including as-built drawings.

2.3.5 Warranty & Maintenance

RFP for Maryland Department of Information Technology Page 10 of 71

A. The Contractor shall provide a 2-year warranty on service, labor, and parts.

B. The Contractor shall provide 2 years of maintenance services on the installed In-Building antenna/amplifier system commencing at the final acceptance of the system.

2.3.6 Permits

The Contractor shall be responsible for obtaining any permits required to perform the work outlined in this solicitation.

2.3.7 TO Contractor-Supplied Hardware, Software, and Materials

A. The TO 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.

B. By responding to this TORFP and accepting a Task Order award, an Offeror specifically agrees that for any software, hardware, and hosting service that it proposes for use by the State in response to this TORFP, the State will have the right to purchase the same from another source, instead of from the selected Offeror.

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

D. The Offeror shall provide a manufacturer or provider’s standard warranty for each item. The warranty shall be in effect for at least 2 years. Any warranty period for goods and services will not commence until acceptance of the products or services by the Agency.

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

2.3.8 Required Project Policies, Guidelines and Methodologies

The TO 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 TO 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:

www.DoIT .maryland.gov - keyword: SDLC;

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

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;

2.3.9 Product Requirements

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 TORFP Section 5.4.2.J.2.

The TO Contractor shall not establish any auto-renewal of services beyond the period identified in Task Order documents.

C. In addition to any notices of renewal sent to the Agency, TO Contractors shall email notices of renewal to the e-mail address designated by the TO Manager.

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

RFP for Maryland Department of Information Technology Page 11 of 71

2.3.10 Maintenance and Support

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

A. Maintenance commences at the final acceptance of the system.

B. Software maintenance includes all future software updates and system enhancements within the 2-year maintenance period.

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

D. For the first year and all subsequent Task Order years, the following services shall be provided for the current version and one previous version of any Software provided with the Deliverables, commencing upon the contract start date.

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. TO Contractor shall notify the State of any material errors or defects in the Deliverables known or made known to TO Contractor from any source during the life of the Task Order that could cause the production of inaccurate or otherwise materially incorrect results. The TO Contractor shall initiate actions as may be commercially necessary or proper to effect corrections of any such errors or defects.

3) Updates. TO Contractor will provide to the State at no additional charge all new releases and bug fixes (collectively referred to as “Updates”) for any software Deliverable developed or published by the TO Contractor and made available to its other customers.

2.4 Deliverables

2.4.1 Deliverable Submission

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

B. For every deliverable, the TO Contractor shall submit to the TO Manager an e-mail stating that the deliverable was completed and the date of completion.

C. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project and/or Microsoft Visio within two (2) versions of the current version. At the TO Manager’s discretion, the TO Manager 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 TO Contractor. This review process is entered into when the TO Contractor completes a deliverable.

E. For any written deliverable, the TO Manager may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of

RFP for Maryland Department of Information Technology Page 12 of 71 deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality.

2.4.2 Deliverable Acceptance

A. A final deliverable shall satisfy the scope and requirements of this TORFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.4 Deliverable Descriptions/Acceptance Criteria.

B. The TO Manager shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The TO Manager is responsible for coordinating comments and input from various team members and stakeholders. The TO Manager is responsible for providing clear guidance and direction to the TO Contractor in the event of divergent feedback from various team members.

C. The TO Manager will issue to the TO Contractor a notice of acceptance or rejection of the deliverable. Following the TO Manager’s acceptance, the TO 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 TO Manager’s email acceptance or payment may be withheld.

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

2.4.3 Minimum Deliverable Quality

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

Each deliverable shall meet the following minimum acceptance criteria:

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

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

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

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

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

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

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

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

RFP for Maryland Department of Information Technology Page 13 of 71

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 the minimum deliverable quality criteria above.

2.5 Service Level Agreement (SLA)

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

RFP for Maryland Department of Information Technology Page 14 of 71

3 TO Contractor Requirements: General

3.1 Task Order Initiation Requirements

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

3.2 Invoicing

3.2.1 Definitions

A. “Proper Invoice” means a bill, written document, or electronic transmission, readable by the agency, provided by a vendor requesting an amount that is due and payable by law under a written procurement contract for property received or services rendered that meets the requirements of COMAR 21.06.09.02.

B. “Late Payment” means any amount that is due and payable by law under a written procurement contract, without deferral, delay, or set-off under COMAR 21.02.07.03, and remains unpaid more than 45 days after an agency receives a Proper Invoice.

C. “Payment” includes all required processing and authorization by the Comptroller of the Treasury, as provided under COMAR 21.02.07, and may be deferred, delayed, or set-off as applicable under COMAR 21.02.07.03.

3.2.2 General

A. Invoice payments to the TO Contractor shall be governed by the terms and conditions established in the Radio Communications 2018 Master Contract.

B. The TO Contractor shall e-mail each invoice to the TO Manager with a cc to the DoIT Fiscal Service Invoice email address at doitfiscal.invoiceservice@maryland.gov.

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

D. Invoices submitted without the required information cannot be processed for payment. A Proper Invoice, required as Payment documentation, must include the following information, without error:

1) TO Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned TO Agreement number;

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

9) Goods or services provided;

10) Amount due; and mailto:doitfiscal.invoiceservice@maryland.gov

RFP for Maryland Department of Information Technology Page 15 of 71

11) Any additional documentation required by regulation or the Task Order.

E. Invoices that contain both fixed price and time and material items shall clearly identify the items as either fixed price or time and material billing.

F. The Agency reserves the right to reduce or withhold Task Order payment in the event the TO Contractor does not provide the Agency with all required deliverables within the time frame specified in the Task Order or otherwise breaches the terms and conditions of the Task Order until such time as the TO Contractor brings itself into full compliance with the Task Order.

G. Any action on the part of the Agency, or dispute of action by the TO 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.

H. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The TO Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

I. 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 TO Agreement. In no event shall any invoice be submitted later than 60 calendar days from the TO Agreement termination date.

3.2.3 Invoice Submission Schedule

The TO Contractor shall submit invoices at the completion of each milestone. Invoices shall be submitted in accordance with the following schedule:

A. Payment will be made based on the following:

1) Agency Acceptance of Design: 15%

2) Delivery of Equipment to designated staging facility: 30%

3) Installation of Equipment in Field: 30%

4) Field Acceptance Testing of Equipment: 15%

5) Final Acceptance (Holdback): 10%

B. Invoices shall be submitted within 30 days of the completion of milestones.

3.2.4 Deliverable Invoicing

A. Deliverable invoices shall be accompanied by the TO Manager’s acceptance email.

B. Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.4.

3.2.5 For the purposes of this Task Order an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Task Order.

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

RFP for Maryland Department of Information Technology Page 16 of 71

C. The invoice or performance is in dispute or the TO Contractor has failed to comply with the provisions of the Task Order.

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 Task Order

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

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

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

3.2.6 Travel Reimbursement

Travel will not be reimbursed under this TORFP.

3.2.7 Retainage

This solicitation does not require retainage.

3.3 Liquidated Damages

This solicitation does not include liquidated damages.

3.4 Insurance Requirements

3.4.1 Offeror shall confirm that, as of the date of its proposal, the insurance policies incorporated into its Master Contract are still current and effective at the required levels (See Master Contract Section 2.7).

3.4.2 The Offeror shall also confirm that any insurance policies intended to satisfy the requirements of this TORFP are issued by a company that is licensed to do business in the State of Maryland.

3.4.3 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this Section 3.6 “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the TO Contractor shall update certificates of insurance annually, or as otherwise directed by the TO Manager.

3.5 Security Requirements

3.5.1 Employee Identification

A. TO Contractor shall provide the State with a list of all employees and subcontractors who will be working on the job site.

B. TO Contractor Personnel shall display his or her company ID badge in a visible location at all times while on the job site. Upon request of authorized State or County personnel, each such TO Contractor Personnel shall provide additional photo identification.

RFP for Maryland Department of Information Technology Page 17 of 71

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

D. TO Contractor shall remove any TO Contractor Personnel from working on the Task Order where the State determines, in its sole discretion, that said TO Contractor Personnel has not adhered to the Security requirements specified herein.

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

F. Unless otherwise specified, the cost of complying with all security requirements specified herein are the sole responsibility and obligation of the TO Contractor and its subcontractors and no such costs shall be passed through to or reimbursed by the State or any of its agencies or units.

3.5.2 Security Clearance / Criminal Background Checks

A. The TO Contractor shall obtain from all Contractor Personnel assigned to work on the Task Order a signed statement permitting a criminal background check. Prior to commencement of work, the TO Contractor shall secure at its own expense the following type of national criminal history record check and provide the TO Contract Manager with completed checks on such Contractor Personnel prior to assignment:

B. a national criminal history record check. This check may be performed by a public or private entity.

C. At a minimum, these background checks must include all convictions and probation before judgment (PBJ) dispositions. The TO Contractor may not assign an individual whose background check reflects any criminal activity to work under this Task Order unless prior written approval is obtained from the TO Contract Manager.

D. TO Contractor shall be responsible for ensuring that TO Contractor Personnel background check certifications are renewed annually, and at the sole expense to the TO Contractor.

E. Further, TO Contractor Personnel may be subject to random security checks during entry and exit of State secured areas. The State reserves the right to require TO Contractor Personnel to be accompanied while on secured premises.

F. TO Contractor shall complete a criminal background check prior to any individual TO Contractor Personnel being assigned work on the project. TO Contractor shall provide a Criminal Background Check Affidavit (Appendix 3) prior to any work commencing on the Task Order.

G. Resources proposed to perform services for Maryland Aviation Administration (MAA) must be capable of qualifying for and obtaining a BWI Airport Security badge to include US Customs Seal and Transportation Identifications. Resources proposed to perform services for MDOT Port Administration (MPA) must comply with all MPA security requirements.

3.5.3 On-Site Security Requirement(s)

A. For the conditions noted below, TO Contractor Personnel may be barred from entrance or leaving any site until such time that the State or County’s conditions and queries are satisfied.

RFP for Maryland Department of Information Technology Page 18 of 71

1) TO Contractor Personnel may be subject to random security checks when entering and leaving State or County secured areas. The State and County reserve the right to require TO Contractor Personnel to be accompanied while on secured premises.

2) Some State and County sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) being brought onto the site, and to submit to a physical search of his or her person. Therefore, TO Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State or County staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the TO Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State or County staff or a correctional or police officer may search TO Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

B. Any TO Contractor Personnel who enters the premises of a facility under the jurisdiction of DoIT may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department of General Services (DGS).

C. Further, TO Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art.

Section 9-410 through 9-417 and such other security policies of the agency that controls the facility to which the TO Contractor Personnel seeks access. The failure of any of the TO Contractor Personnel to comply with any provision of the TO Agreement is sufficient grounds for the State to immediately terminate the TO Agreement for default.

3.6 RESERVED

3.7 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a TO Contractor requirement for this Task Order.

3.8 Performance and Personnel

3.8.1 ROLES AND RESPONSIBILITIES

Personnel roles and responsibilities under the Task Order:

A. TO Procurement Officer – The TO Procurement Officer has the primary responsibility for the management of the TORFP process, for the resolution of TO Agreement scope issues, and for authorizing any changes to the TO Agreement.

B. TO Manager - The TO Manager has the primary responsibility for the management of the work performed under the TO Agreement, administrative functions, including issuing written directions, and for ensuring compliance with the terms and conditions of the Radio Communications Master Contract.

The TO Manager will assign tasks to the personnel provided under this TORFP and will track and monitor the work being performed through the monthly accounting of

RFP for Maryland Department of Information Technology Page 19 of 71 hours’ deliverable for work types; actual work produced will be reconciled with the hours reported.

C. TO Contractor – The TO Contractor is the Radio Communications Master Contract Master Contractor awarded this Task Order. The TO Contractor shall provide human resources as necessary to perform the services described in this TORFP Scope of Work.

D. TO Contractor Manager – The TO Contractor Manager will serve as primary point of contact with the TO Manager to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the TO Contractor Personnel. The TO Contractor Manager will serve as liaison between the TO Manager and the senior TO Contractor management.

E. TO Contractor Personnel – Any official, employee, agent, Subcontractor, or Subcontractor agents of the TO Contractor who is involved with the Task Order over the course of the Task Order period of performance.

F. Key Personnel – A subset of TO Contractor Personnel whose departure during the performance period will, in the State’s opinion, have a substantial negative impact on Task Order performance. Key Personnel proposed as part of the TO Proposal shall start as of TO Agreement issuance unless specified otherwise in this TORFP or the Offeror’s TO Technical Proposal. Key Personnel may be identified after Task Order award.

3.8.2 Offeror Experience

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

A. Demonstrated experience in the design and/or installation of at least (2) two in-building antenna systems in the US.

3.8.3 Personnel Experience

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.9 Substitution of Personnel

3.9.1 Directed Personnel Replacement

A. The TO Manager may direct the TO Contractor to replace any TO Contractor Personnel who, in the sole discretion of the TO Manager, 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 or the Agency, Contract, or Task Order requirement.

B. If deemed appropriate in the discretion of the TO Manager, the TO Manager shall give written notice of any TO Contractor Personnel performance issues to the TO Contractor, describing the problem and delineating the remediation requirement(s). The TO Contractor shall provide a written Remediation Plan within three (3) days of the date of the notice. If the TO Manager rejects the Remediation Plan, the TO Contractor shall revise and resubmit the plan to the TO Manager within five (5) days of the rejection, or in the timeframe set forth by the TO Manager in writing. Once a Remediation Plan has been accepted in writing by the TO Manager, the TO Contractor shall immediately implement the Remediation Plan.

RFP for Maryland Department of Information Technology Page 20 of 71

C. Should performance issues persist despite the approved Remediation Plan, the TO Manager will give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the removal and replacement of the TO Contractor Personnel whose performance is at issue. A request for a new Remediation Plan will follow the procedure described in Section 3.11.1.B.

D. In circumstances of directed removal, the TO Contractor shall provide a suitable replacement for TO Manager approval within fifteen (15) days of the date of the notification of directed removal, or the actual removal, whichever occurs first, or such earlier time as directed by the TO Manager in the event of a removal on less than fifteen days’ notice

E. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described above. However, the TO Manager reserves the right to direct immediate personnel replacement without utilizing the remediation procedure described above.

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

3.9.2 Substitution Prior to and 30 Days After Task Order Execution

A. Prior to Task Order Execution or within thirty (30) days after Task Order Execution, the Offeror may substitute proposed Key Personnel only under the following circumstances:

vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personnel Event, or death of such personnel. To qualify for such substitution, the Offeror must describe to the State's satisfaction the event necessitating substitution and must demonstrate that the originally proposed personnel are actual full-time direct employees with the Offeror (subcontractors, temporary staff or 1099 contractors do not qualify). 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.

B. An Extraordinary Personnel Event – means 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.

3.9.3 Substitution More Than 30 Days After Task Order Execution

The procedure for substituting personnel after Task Order execution is as follows:

A. The TO Contractor may not substitute personnel without the prior approval of the TO

Manager.

B. To replace any personnel, the TO Contractor shall submit resumes of the proposed individual specifying the intended approved labor category. Any proposed substitute personnel shall have qualifications equal to or better than those of the replaced personnel.

C. Proposed substitute individual shall be approved by the TO Manager. The TO Manager shall have the option to interview the proposed substitute personnel and may require that such interviews be in person. After the interview, the TO Manager shall notify the TO Contractor of acceptance or denial of the requested substitution. If no acceptable substitute

RFP for Maryland Department of Information Technology Page 21 of 71 personnel are proposed within the time frame established by the TO Manager, the TO Agreement may be cancelled.

3.10 Minority Business Enterprise (MBE) Reports

There is no MBE Participation Goal for this Task Order.

3.11 Veteran Small Business Enterprise (VSBE) Reports

There is no VSBE Goal for this Task Order.

3.12 Work Orders

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.13 Additional Clauses

The TO Contractor is subject to the requirements in this section and shall flow down the provisions of Sections 3.15.1 – 3.15.5 (or the substance thereof) in all subcontracts.

3.13.1 TORFP Subject to Radio Communications Master Contract

3.13.2 In addition to the requirements of this TORFP, the Master Contractors are subject to all terms and conditions contained in the Radio Communications Master Contract RFP issued by the Maryland Department of Information Technology (DoIT ) and subsequent Master Contract Project Number 060B2490023, All times specified in this document are local time, defined as Eastern Standard Time or Eastern Daylight Time, whichever is in effect.

3.13.3 Contract Management Oversight Activities

A. DoIT is responsible for contract management oversight on the Radio Communications Master Contract. As part of that oversight, DoIT has implemented a process for self-reporting contract management activities of Task Orders under Radio Communications Master Contract. This process typically applies to active TOs for operations and maintenance services valued at $1 million or greater, but all Radio Communications Master Contract Task Orders are subject to review.

3.13.4 Source Code Escrow

Source code Escrow does not apply to this Task Order.

3.13.5 Purchasing and Recycling Electronic Products

A. State Finance and Procurement Article, Md. Code Ann. § 14-414, requires State agencies purchasing computers and other electronic products in categories covered by EPEAT to purchase models rated EPEAT Silver or Gold unless the requirement is waived by the DoIT .

This information is located on the DGS web site:

http://www.dgs.maryland.gov/GreenOperations/GreenPurchasing/Guidelines/specs/Electroni candITProductsSpecification.pdf.

B. Guidelines provided by DGS require planning and coordination of the proper disposition of Information Technology equipment. State Finance and Procurement Article, Md. Code Ann.

§ 14-415, requires State agencies awarding contracts for services to recycle electronic products to award the contract to a recycler that is R2, or e-Stewards certified. This

RFP for Maryland Department of Information Technology Page 22 of 71 information is located on the DGS web site:

http://www.dgs.maryland.gov/GreenOperations/GreenPurchasing/Guidelines/specs/Electroni cProductDisposalSpecification.pdf.

C. Guidelines provided by DoIT discuss information and guidance on the proper disposition of IT equipment, media sanitization, and protecting confidential information stored on media.

This information is located in the State's Information Technology (IT) Security Policy http://DoIT .maryland.gov/support/pages/securitypolicies.aspx. Section 6.5 Media Protection provides guidance on proper precautions to protect confidential information stored on media.

3.13.6 Change Control and Advance Notice

A. Unless otherwise specified in an applicable Service Level Agreement, the Contractor shall give seven (7) days advance notice to the State of any upgrades or modifications that may impact service availability and performance.

B. Contractor may not modify the functionality or features of any SaaS provided hereunder if such modification materially degrades the functionality of the SaaS.

3.13.7 No-Cost Extensions

In the event there are unspent funds remaining on the TO Agreement, prior to the TO’s expiration date the TO Procurement Officer may modify the TO Agreement to extend the TO Agreement beyond its expiration date for the performance of work within the TO’s scope of work. Notwithstanding anything to the contrary, no funds may be added to the TO Agreement in connection with any such extension.

3.14 TO Pre-Proposal Conference

3.14.1 A TO pre-proposal conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

3.14.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their proposals.

3.14.3 Following the Conference, the attendance record and summary of the Conference will be distributed via e-mail to all Master Contractors known to have received a copy of this TORFP.

3.14.4 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

3.14.5 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Proposal Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the TO Procurement Officer at least five

(5) business days prior to the Conference date. The Agency will make a reasonable effort to provide such special accommodation.

3.14.6 Seating at the Conference will be limited to two (2) attendees per company.

3.14.7 A site visit has been pre-scheduled for Monday, May 13 beginning after the 10 AM pre-proposal conference at Galena Volunteer Fire Department located at 90 E. Cross Street, Galena, MD 21635 and at the Millington Community Fire Company, Station 2, located at 185 Sassafras Street, Millington, MD 21651 (Kent County).

3.14.8 All prospective Offerors are encouraged to attend in order to facilitate better preparation of their proposals.

RFP for Maryland Department of Information Technology Page 23 of 71

3.15 Questions

3.15.1 All questions shall identify in the subject line the Solicitation Number and Title (F50B4600038 -

Maryland FiRST Coverage Improvement Program – In Building Systems-Kent County, MD), and shall be submitted in writing via e-mail to the TO Procurement Officer no later than the date and time specified the Key Information Summary Sheet.

3.15.2 Answers to all questions that are not clearly specific only to the requestor will be provided to all Master Contractors who are known to have received a copy of the TORFP.

3.15.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Agency unless it issues an amendment in writing.

3.16 TO Proposal Due (Closing) Date and Time

3.16.1 TO Proposals, in the number and form set forth in Section 5 TO Proposal Format, must be received by the TO Procurement Officer no later than the TO Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

3.16.2 Requests for extension of this date or time shall not be granted.

3.16.3 Offerors submitting TO Proposals should allow sufficient delivery time to ensure timely receipt by the TO Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

3.16.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

3.16.5 TO Proposals may be modified or withdrawn by written notice received by the TO Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of TO Proposals.

3.17 Award Basis

Based upon an evaluation of TO Proposal responses as provided in Section 6.4, below, a Master Contractor will be selected to conduct the work defined in Sections 2 and 3. A specific TO Agreement, Attachment M, will then be entered into between the State and the selected Master Contractor, which will bind the selected Master Contractor (TO Contractor) to the contents of its TO Proposal, including the TO Financial Proposal.

3.18 Oral Presentation

3.18.1 Offerors and proposed TO Contractor Personnel may be required to make an oral presentation to

State representatives. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Master Contractor’s TO Proposal. The TO Procurement Officer will notify Offerors of the time and place of oral presentations and interviews, should interviews be scheduled separately.

3.19 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

RFP for Maryland Department of Information Technology Page 24 of 71

3.20 VSBE Goal

There is no VSBE participation goal for this procurement.

3.21 Living Wage Requirements

The Master Contractor shall abide by the Living Wage requirements under Title 18, State Finance and Procurement Article, Annotated Code of Maryland and the regulations proposed by the Commissioner of Labor and Industry.

All TO Proposals shall be accompanied by a completed Living Wage Affidavit of Agreement, Attachment F of this TORFP.

3.22 Federal Funding Acknowledgement

This Task Order does not contain federal funds.

3.23 Conflict of Interest Affidavit and Disclosure

3.23.1 Offerors shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment H) and submit it with their Proposals. All Offerors are advised that if a TO Agreement is awarded as a result of this solicitation, the TO Contractor’s Personnel who perform or control work under this TO Agreement and each of the participating subcontractor personnel who perform or control work under this TO Agreement shall be required to complete agreements substantially similar to Attachment H, conflict of interest Affidavit and Disclosure.

3.23.2 If the TO Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the TO Procurement Officer may reject an Offeror’s TO Proposal under COMAR 21.06.02.03B.

3.23.3 Master Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions Article, Title 5, might limit the selected Master Contractor's ability to participate in future related procurements, depending upon specific circumstances.

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

3.24 Non-Disclosure Agreement

3.24.1 Non-Disclosure Agreement (Offeror)

Offerors who wish to review documentation prior to the due date will be required to sign a Non- Disclosure Agreement (Offeror) in the form of Appendix <<Offeror NDA Attachment Number>>.

3.24.2 Non-Disclosure Agreement (TO Contractor)

All Offerors are advised that this solicitation and any TO Agreement(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment I.