DoIT Tower Inspection Services TORFP Final.pdf

CONSULTING AND TECHNICAL SERVICES+ (CATS+)

TASK ORDER REQUEST FOR PROPOSALS (TORFP)

MARYLAND DEPARTMENT OF INFORMATION

TECHNOLOGY (DOIT)

SOLICITATION NUMBER BPM025755

COMMUNICATION TOWERS INSPECTION & REPORT

ISSUE DATE: 10/13/2021

Communication Towers Inspection and Report Solicitation #: BPM025755 CATS+ TORFP

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DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT)

KEY INFORMATION SUMMARY SHEET

Solicitation Title: Communication Towers Inspection and Report

Solicitation Number

(TORFP#):

BPM025755

Functional Area: Functional Area 13 – Tower Installation

TORFP Issue Date: 10/13/2021

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

DoIT Location: 100 Community Place Crownsville, MD 21032

TO Procurement Officer: Seth Bova e-mail:

Office Phone:

seth.bova@maryland.gov

(443) 805-4559

TO Manager: Jennifer Benedictis e-mail:

Office Phone:

jennifer.benedictis@maryland.gov

(410) 274-7725

TO Proposals are to be sent to:

seth.bova@maryland.gov

TO Pre-proposal Conference: 10/18/2021 at 1 pm Local Time Video Conference See Attachment A for directions and instructions.

TO Proposals Due (Closing) Date and Time:

11/12/2021 by 5 pm Local Time Offerors are reminded that a completed Feedback Form is required 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: The estimated period of performance for this effort 120 business days after NTP date.

Primary Place of Performance:

Various Location throughout Western Maryland

SBR Designation: No

Federal Funding: No

Questions Due Date and Time 10/25/2021 by 5 pm Local Time mailto:jennifer.benedictis@maryland.gov

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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

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 Additional Clauses

4 TORFP Instructions

4.1 TO Pre-Proposal Conference

4.2 Questions

4.3 TO Proposal Due (Closing) Date and Time

4.4 Award Basis

4.5 Oral Presentation

4.6 Limitation of Liability

4.7 MBE Participation Goal

4.8 VSBE Goal

4.9 Living Wage Requirements

4.10 Federal Funding Acknowledgement

4.11 Conflict of Interest Affidavit and Disclosure

4.12 Non-Disclosure Agreement

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4.13 HIPAA - Business Associate Agreement

4.14 Iranian Non-Investment

4.15 Mercury and Products That Contain Mercury

4.16 Location of the Performance of Services Disclosure

4.17 Department of Human Services (DHS) Hiring Agreement

4.18 Small Business Reserve (SBR) Set-Aside

4.19 Bonds

5 TO Proposal Format

5.1 Required Response

5.2 Two Part Submission

5.3 TO Proposal Packaging and Delivery

5.4 Volume I - TO Technical Proposal

5.5 Volume II – TO Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 TO Technical Proposal Evaluation Criteria

6.3 TO Financial Proposal Evaluation Criteria

6.4 Selection Procedures

6.5 Documents Required upon Notice of Recommendation for Task Order Award

7 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

Attachment I. Non-Disclosure Agreement (TO Contractor)

Attachment J. HIPAA Business Associate Agreement

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Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Task Order

Attachment N. RESERVED

Attachment O. RESERVED

Attachment P. Certification Regarding Investments in Iran

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

Appendix 3. – Non-Disclosure Agreement (Offeror)

Appendix 4. – Communication Tower Site List and Equipment

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1 Minimum Qualifications

1.1 Offeror Personnel Minimum Qualifications

There are no minimum qualifications required to be eligible for consideration

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

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2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Information Technology (DoIT or the "Department") is issuing this CATS+

TORFP for the performance of inspections of equipment installed as part of the Maryland FiRST Radio Project. Inspections will be conducted at various communication towers throughout Western Maryland.

2.1.2 Master Contractors are advised that, should a solicitation or other competitive award be initiated as a result of activity or recommendations arising from this Task Order, the Offeror awarded this Task Order may not be eligible to compete if such activity constitutes assisting in the drafting of specifications, requirement, or design thereof.

2.1.3 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

Maryland FiRST is a Statewide P25 Phase II 700 MHz Land Mobile Radio (LMR) system used by public safety officials and first responders. The State uses this system as the primary radio communication system for first responders. The system provides voice and data interoperability among its primary users and other public safety agencies to support day-to-day, mutual aid, and task force operations. This effort is part of the Quality Assurance plan for equipment installed during buildout of the system.

2.2.1 State Staff and Roles

In addition to the TO Procurement Officer, the State will provide a State Project Manager who will be responsible for project oversight.

2.3 Responsibilities and Tasks

This task order is for the purchase of all services necessary to perform independent inspections of communications equipment installed on communications towers within Washington, Garrett, and Allegany Counties, Maryland. There are a total of twenty-two (22) tower locations to be inspected in the counties named above. A Communication Tower Site List and Equipment (Appendix 4) will be available after a Non-Disclosure Agreement is signed by the Offeror. The estimated period of performance for this effort, barring excusable delays, is 120 business days after the Notice to Proceed (NTP) date.

2.3.1 Overview

A. The TO Contractor must obtain and maintain all appropriate certifications and permits required, if any, for performance of the work.

B. After award, the State will provide the latest As-Built drawings for each tower requiring inspection as well as a list of equipment at each site to be inspected.

C. Any damage to finished surfaces, surrounding areas, equipment shelter, etc., from this inspection must be repaired to the State’s satisfaction at the TO Contractor’s expense.

D. The TO Contractor must provide forty-eight hours (48-hour) prior notification to the TO Manager for the following:

1. Work being performed, RFP for the Department of Information Technology Page 3 of 54

2. Anticipated weather delays, and

3. Personnel health concerns (48-hour or less notification required).

2.3.2 Inspections

A. On Maryland FiRST Microwave Dish Installations, inspect dish installations for compliance with the manufacturer’s specifications and industry best practices. The Contractor may reference industry best practices such as the Motorola R-56 Equipment Installation Standards.

Additionally, the Contractor must:

1. Confirm that dishes are in the correct location on the tower per As Built Drawings and are securely mounted on the tower using the appropriate struts, supports, and hardware; per the dish manufacturer installation specifications.

2. Check waveguide to ensure it is securely attached to tower cable ladders and confirm no visible damage exists.

3. Inspect and confirm that all connectors contain weather proofing covering.

4. Identify all damage or inconsistencies by circling the area on the hardware using a yellow paint marker.

5. Photograph all damage or inconsistencies and include photos in the Final Report.

6. Regardless of the presence of damage or inconsistencies, photograph installations for documentation and inclusion in the Final Report.

B. On all towers and Maryland FiRST Land Mobile Radio (LMR) antennas and lines, inspect antenna installations for compliance with the manufacturer’s specifications and the Motorola R- 56 Equipment Installation Standards. Additionally, the Contractor must:

1. Confirm that the antennas are plumb (vertical) on the tower, in the correct location per the As Built Drawings and securely mounted on the tower using the appropriate mounts and hardware; per the antenna manufacturer installation specifications.

2. Check coax cable to ensure it is securely attached to tower cable ladders.

3. Check coax cable and connectors to confirm no visible damage exist.

4. Inspect and confirm that all connectors contain weather proofing covering.

5. Identify all damage or inconsistencies by circling the area on the hardware using a yellow paint marker.

6. Photograph damage or inconsistencies and include photos in the Final Report.

7. Regardless of the presence of damage or inconsistencies, photograph installations for documentation and include in the Final Report.

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2.3.3 Reports

A. Draft Inspection Report

At the conclusion of all inspections, the TO Contractor shall develop a Draft Inspection Report containing, at minimum, the following information:

1. A separate section for each tower inspected.

2. Photos of each microwave dish or LMR antenna inspected at each site.

3. A thorough description, with photographs, identifying damage or inconsistencies, if any.

Inconsistencies may include, but not be limited to, incorrect installation height, incorrect mounting hardware, etc.

4. For inspections with no findings, provide a photograph of the equipment inspected and the statement, “No Issues Found”.

B. The TO Contractor shall provide the Draft Inspection Report to the State TO Manager for review within thirty (30) business days after all inspections are completed.

C. The State TO Manager will review the Draft Inspection Report and provide feedback within ten

(10) business days. If, and when, the Draft Inspection Report is deemed satisfactory by the State TO Manager, the TO Contractor shall resubmit the report to the State TO Manager as the “Final Inspection Report”.

D. The TO Contractor will resolve identified issues with the Draft Inspection Report and return the report to the State TO Manager within five (5) working days of receipt. This process will continue until the State deems the report is “FINAL”.

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2.3.4 Work Products

ID # Work Product Description Acceptance Criteria Due Date /

Frequency

2.8.2.1 Integrated Project

Schedule

Provided in Microsoft Project & PDF version.

Provide a schedule which tracks all activities within the scope of work. At a minimum, the schedule must show:

• milestones,

• deliverables,

• times of performance,

• inspection schedule,

• degrees of completion, and

• resources for all activities starting with NTP and ending with final deliverables.

This is a single, periodically updated deliverable encompassing all activities.

NTP + 14

calendar days (including weekly updates)

2.8.2.2 Bi-Weekly Project

Schedule and Updates

Provided in Microsoft Word.

• Submission on 2nd and final Thursday of every month for the duration of the project or as required.

• Submission in writing per details in the scope of work.

• The TO Contractor must update progress, forecast upcoming milestones and discuss other items as directed by the TO Manager.

Bi-Weekly

2.8.2.3 Draft Report

Provided in Microsoft Word.

Submit copy of Draft Report to TO Manager

Within thirty

(30) business days after all inspections are completed.

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ID # Work Product Description Acceptance Criteria Due Date /

Frequency

2.8.2.4 Final Report

Provided in PDF.

Submit copy of Final Report to TO Manager upon TO Contractor being notified of acceptance of Draft Report.

Within five (5) working days of receipt of notice of Draft Report acceptance.

Acceptance by the State of the work to be performed hereunder shall be final and conclusive except regarding latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding any warranty or guaranty hereunder.

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

2.3.6 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;

D. Any TO Agreement award is contingent on the State’s agreement, during the TO Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section 5.4.2.J.2. Such agreed upon terms of use shall apply consistently across services ordered under the TO Agreement.

2.3.7 Change Orders

A. If the TO Contractor is required to perform work beyond the scope of this TORFP, or there is a work reduction due to unforeseen scope changes, a TO Change Order is required. The TO Contractor and TO Manager shall negotiate a mutually acceptable price modification based on the TO Contractor’s proposed rates in the Master Contract and scope of the work change.

B. No scope of work changes shall be performed until a change order is approved by DoIT and executed by the TO Procurement Officer.

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3 TO Contractor Requirements: General

3.1 Task Order Initiation Requirements

There are no specific TO initiation requirements.

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 defined in the CATS+ Master Contract.

B. The TO Contractor shall e-mail each invoice to the TO Manager at e-mail address:

jennifer.benedictis@maryland.gov with a copy to the State Project Manager at e-mail address curt.andrich@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

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

mailto:jennifer.benedictis@maryland.gov mailto:curt.andrich@maryland.gov

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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 Department reserves the right to reduce or withhold Task Order payment in the event the TO Contractor does not provide the Department 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 Department, 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 in accordance with the following schedule:

1. 20% of the contract value will be provided upon approval of the Integrated Project Schedule.

2. 70% of the contract value will be provided upon submission of the Draft Inspection Report.

3. 10% of the contract value will be provided upon the Draft Report being deemed as the

“FINAL REPORT”.

3.2.4 Travel Reimbursement

Travel will not be reimbursed under this TORFP.

3.2.5 Retainage

This solicitation does not require retainage.

3.3 Liquidated Damages

Time is an essential element of the contract and it is important that the work be vigorously prosecuted until completion.

For each day that any work remains uncompleted beyond 120 Business Days from date of Notice to Proceed, except for days added due to excusable delay, the TO Contractor is liable for liquidated damages in the amount of $700 per day.

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.

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

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

C. 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.

D. 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.

E. 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

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.5.3 On-Site Security Requirement(s)

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.5.4 Information Technology

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

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.

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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 CATS+ 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 hours’ deliverable for work types; actual work produced will be reconciled with the hours reported.

C. TO Contractor – The TO Contractor is the CATS+ 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. The TO Contractor Manager may not be a subcontractor.

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 knowledge of tower inspections.

B. The TO Contractor, for itself and any subcontractors, must document, for evaluation purposes, a professional level of expertise performing jobs similar to the requirements in this

TORFP.

3.8.3 Personnel Experience

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.8.4 Work Hours

TO Contractor shall assign TO Contractor Personnel to support completion of the work within the time established herein.

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

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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.

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 3.9.1.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.

3.10 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 Additional Clauses

The TO Contractor shall be subject to the requirements in this section and shall flow down the provisions of Sections 3.12.1 – 3.12.5 (or the substance thereof) in all subcontracts.

3.12.1 TORFP Subject to CATS+ Master Contract

3.12.2 In addition to the requirements of this TORFP, the Master Contractors are subject to all terms and conditions contained in the CATS+ 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.

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3.12.3 Contract Management Oversight Activities

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

B. A sample of the TO Contractor Self-Reporting Checklist is available on the CATS+ website at http://doit.maryland.gov/contracts/Documents/CATSPlus/CATS+Self- ReportingChecklistSample.pdf. DoIT may send initial checklists out to applicable/selected TO Contractors approximately three months after the award date for a Task Orders. The TO Contractor shall complete and return the checklist as instructed on the form. Subsequently, at six month intervals from the due date on the initial checklist, the TO Contractor shall update and resend the checklist to DoIT.

3.12.4 Source Code Escrow

Source code Escrow does not apply to this Task Order.

3.12.5 Purchasing and Recycling Electronic Products

This section does not apply to this solicitation.

3.12.6 Change Control and Advance Notice

This section does not apply to this solicitation.

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4 TORFP Instructions

4.1 TO Pre-Proposal Conference

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

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

4.1.3 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.

4.1.4 Those wishing to attend the web Conference may request a meeting invitation by emailing Seth Bova at seth.bova@maryland.gov no later than 9:00 AM on 10/18/2021. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the TO Procurement Officer will reply with a registration email with a link that may be used to register for the Conference. Registration must be completed by 9:00 AM on 10/18/2021.

4.2 Questions

4.2.1 All questions shall identify in the subject line the Solicitation Number and Title (BPM025755 -

Communication Towers Inspection and Report), 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.

4.2.2 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.

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

4.3 TO Proposal Due (Closing) Date and Time

4.3.1 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. Except as provided in COMAR 21.05.03.02F, the TO Procurement Officer will not accept submissions after the date and exact time stated in the Key Information Summary Sheet.

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

4.3.3 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, TO Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.3.4 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. Time stamps on outgoing email from Master TO Contractors shall not be accepted.

4.3.5 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.

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4.4 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.

4.5 Oral Presentation

Neither oral presentations nor interviews will be held for this solicitation.

4.6 Limitation of Liability

The TO Contractor’s liability is limited in accordance with the Limitations of Liability section of the CATS+ Master Contract. TO Contractor’s liability for this TORFP is limited to two (2) times the total TO Agreement amount.

4.7 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.8 VSBE Goal

There is no VSBE participation goal for this procurement.

4.9 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.

4.10 Federal Funding Acknowledgement

This Task Order does not contain federal funds.

4.11 Conflict of Interest Affidavit and Disclosure

4.11.1 Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment

H) and submit it with their Proposals.

4.11.2 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.

4.11.3 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.

4.11.4 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.

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4.12 Non-Disclosure Agreement

4.12.1 Non-Disclosure Agreement (Offeror)

Certain documentation may be available for potential Offerors to review prior to submitting a proposal response. Offerors who review such documentation will be required to sign a Non-Disclosure Agreement (Offeror) in the form of Appendix 3. Please contact the TO Procurement Officer to review the Communication Tower Site List and Equipment available in Appendix 4.

4.12.2 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. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the TO Proposal.

4.13 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

4.14 Iranian Non-Investment

All TO Proposals shall be accompanied by a completed Certification Regarding Investments in Iran, Attachment P of this TORFP.

4.15 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

4.16 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

4.17 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.18 Small Business Reserve (SBR) Set-Aside

This solicitation is not designated as a Small Business Reserve (SBR) set-aside solicitation.

4.19 Bonds

This solicitation does not require bonds.

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5 TO Proposal Format

5.1 Required Response

Each Master Contractor receiving this CATS+ TORFP shall respond no later than the submission due date and time designated in the Key Information Summary Sheet. Each Master Contractor is required to submit one of two possible responses: 1) a TO Proposal; or 2) a completed Master Contractor Feedback Form (available online within the Master Contractor Admin System). The feedback form helps the State understand for future contract development why Master Contractors did not submit proposals. The form is accessible via the CATS+ Master Contractor login screen and clicking on TORFP Feedback Response Form from the menu.

A TO Proposal shall conform to the requirements of this CATS+ TORFP.

5.2 Two Part Submission

Offerors shall submit TO Proposals in separate volumes:

o Volume I – TO TECHNICAL PROPOSAL o Volume II – TO FINANCIAL PROPOSAL

5.3 TO Proposal Packaging and Delivery

5.3.1 TO Proposals delivered by facsimile shall not be considered.

5.3.2 Provide no pricing information in the TO Technical Proposal. Provide no pricing information on the media submitted in the TO Technical Proposal.

5.3.3 Offerors may submit TO Proposals by electronic means as described.

C. Electronic means includes e-mail to the TO Procurement Officer address listed on the Key Information Summary Sheet.

5.3.4 E-mail submissions

A. All TO Proposal e-mails shall be sent with password protection.

B. The State has established the following procedure to restrict access to TO Proposals received electronically: all Technical and TO Financial Proposals must be password protected, and the password for the TO Technical Proposal must be different from the password for the TO Financial Proposal. Offerors will provide these two passwords to DoIT upon request or their TO Proposal will be deemed not susceptible for award. Subsequent submissions of TO Proposal content will not be allowed.

C. The TO Procurement Officer will only contact those Offerors with TO Proposals that are reasonably susceptible for award.

D. TO Proposals submitted via e-mail must not exceed 5 Mb. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information below.

E. Submit the TO Technical and TO Financial Proposals in separate e-mails. The e-mail submission subject line shall state the TORFP BPM025755 and either “Technical” or “Financial” as applicable.

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5.3.5 Two Part Submission:

A. TO Technical Proposal consisting of:

1) the TO Technical Proposal in searchable Adobe PDF format, and

2) a second searchable Adobe copy of the TO Technical Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 5.4.2, and

B. TO Financial Proposal consisting of:

1) TO Financial Proposal and all supporting material in Excel format.

5.4 Volume I - TO Technical Proposal

NOTE: Provide no pricing information in the TO Technical Proposal (Volume I). Include pricing information only in the TO Financial Proposal (Volume II).

5.4.1 In addition to the instructions below, responses in the Offeror’s TO Technical Proposal shall reference the organization and numbering of Sections in the TORFP (e.g., “Section 2.2.1 Response . . .; “Section 2.2.2 Response . . .,”). All pages of both TO Proposal volumes shall be consecutively numbered from beginning (Page 1) to end (Page “x”).

5.4.2 The TO Technical Proposal shall include the following documents and information in the order specified as follows:

A. Proposed Services:

1) Executive Summary: A one-page summary describing the Offeror’s understanding of the TORFP scope of work (Sections 2-3) and proposed solution.

2) Proposed Solution: A more detailed description of the Offeror’s understanding of the TORFP scope of work, proposed methodology and solution. The proposed solution shall be organized to exactly match the requirements outlined in Sections 2-3.

3) Assumptions: A description of any assumptions formed by the Offeror in developing the TO Technical Proposal.

4) The Offeror shall identify the location(s) from which it proposes to provide services, including, if applicable, any current facilities that it operates, and any required construction to satisfy the State’s requirements as outlined in this TORFP.

B. Proposer Information Sheet and Transmittal Letter

The Offeror Information Sheet (see Appendix 2) and a Transmittal Letter shall accompany the TO Technical Proposal. The purpose of the Transmittal Letter is to transmit the TO Proposal and acknowledge the receipt of any addenda to this TORFP issued before the TO Proposal due date and time. Transmittal Letter should be brief, be signed by an individual who is authorized to commit the Offeror to its TO Proposal and the requirements as stated in this TORFP and contain acknowledgement of all addenda to this TORFP issued before the TO Proposal due date.

C. Inspection Schedule

The Offeror must propose an overall schedule to perform inspections within 120 business days from the NTP date.

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D. Staffing Plan

1) Provide a Staffing Management Plan that demonstrates how the Offeror will provide resources to perform the scope of work under this TORFP, and how the TO Contractor Personnel shall be managed. Include:

a) Planned team composition by role (Important! Identify specific names and provide history only for the proposed resources required for evaluation of this TORFP).

b) Process and proposed lead time for locating and bringing on board resources that meet the Task Order needs.

c) Description of approach for quickly substituting qualified personnel after start of the Task Order.

2) Provide the names and titles of the Offeror’s management staff who will supervise the personnel and quality of services rendered under this TO Agreement.

E. Subcontractors

Identify all proposed Subcontractors, including MBEs, and their roles in the performance of the scope of work hereunder.

F. Overall Offeror team organizational chart.

Provide an overall team organizational chart with all team resources available to fulfill the Task Order scope of work.

G. Safety Manual

Provide a safety manual which details the Master Contractor’s safety policies and procedures.

H. Master Contractor and Subcontractor Experience and Capabilities

1) The TO Contractor, for itself and any subcontractors, must document, for evaluation purposes, a professional level of expertise performing jobs similar to the requirements in this TORFP.

2) Provide up to three examples of engagements or contracts the Master Contractor or Subcontractor, if applicable, has completed that were similar to the requested scope of work. Include contact information for each client organization complete with the following:

a) Name of organization.

b) Point of contact name, title, e-mail and telephone number (point of contact shall be accessible and knowledgeable regarding experience)

c) Services provided as they relate to the scope of work.

d) Start and end dates for each example engagement or contract.

e) Current Master Contractor team personnel who participated on the engagement.

f) If the Master Contractor is no longer providing the services, explain why not.

3) State of Maryland Experience: If applicable, the Master Contractor shall submit a list of all contracts it currently holds or has held within the past five years with any entity of the State of Maryland.

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For each identified contract, the Master Contractor shall provide the following (if not already provided in sub paragraph A above):

a) Contract or task order name

b) Name of organization.

c) Point of contact name, title, e-mail, and telephone number (point of contact shall be accessible and knowledgeable regarding experience)

d) Start and end dates for each engagement or contract. If the Master Contractor is no longer providing the services, explain why not.

e) Dollar value of the contract.

f) Indicate if the contract was terminated before the original expiration date.

g) Indicate if any renewal options were not exercised.

Note - State of Maryland experience can be included as part of G.1 above as engagement or contract experience. State of Maryland experience is neither required nor given more weight in proposal evaluations.

I. State Assistance

Provide an estimate of expectation concerning participation by State personnel.

J. Confidentiality

A Master Contractor should give specific attention to the identification of those portions of its proposal that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Title 4, of the General Provisions Article of the Annotated Code of Maryland. Master Contractors are advised that, upon request for this information from a third party, the TO Procurement Officer will be required to make an independent determination regarding whether the information may be disclosed.

Offeror shall furnish a list that identifies each section of the TO Technical Proposal where, in the Offeror’s opinion, the Offeror’s response should not be disclosed by the State under the Public Information Act.

K. Additional Submissions:

1) Attachments and Exhibits;

a) All forms required for the TO Technical Proposal are identified in Table 1 of Section 7 – Exhibits and Attachments. Unless directed otherwise by instructions within an individual form, complete, sign, and include all required forms in the TO Technical Proposal.

b) No attachment forms shall be altered. Signatures shall be clearly visible.

2) Offerors shall furnish with their Technical TO Proposal any and all agreements the Offeror expects the State to sign or to be subject to in connection with or in order to use the Offeror’s services under this Task Order Agreement, including but not limited to software license agreement(s), end user license agreement(s), AUP. This includes the complete text of all agreements referenced or incorporated in primary documents (i.e., links to the relevant agreements are not allowed).

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5.5 Volume II – TO Financial Proposal

5.5.1 The TO Financial Proposal shall contain all price information in the format specified in

Attachment B - Financial Proposal Form. The Offeror shall complete the Financial Proposal Form only as provided in the Financial Proposal Form Instructions and the Financial Proposal Form itself.

5.5.2 The TO Financial Proposal shall contain a description of any assumptions on which the Master Contractor’s TO Financial Proposal is based (Assumptions shall not constitute conditions, contingencies, or exceptions to the Financial Proposal Form);

5.5.3 Prices shall be valid for 120 days.

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6 Evaluation and Selection Process The TO Contractor will be selected from among all eligible Master Contractors within the appropriate Functional Area responding to the CATS+ TORFP. In making the TO Agreement award determination, the Department will consider all information submitted in accordance with Section 5.

6.1 Evaluation Committee

Evaluation of TO Proposals will be performed in accordance with COMAR 21.05.03 by a committee established for that purpose and based on the evaluation criteria set forth below. The Evaluation Committee will review TO Proposals, participate in Offeror oral presentations and discussions, and provide input to the TO Procurement Officer. The Department reserves the right to utilize the services of individuals outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.

During the evaluation process, the TO Procurement Officer may determine at any time that a particular Offeror is not susceptible for award.

6.2 TO Technical Proposal Evaluation Criteria

The criteria to be used to evaluate each TO Technical Proposal are listed below in descending order of importance. Unless stated otherwise, any sub-criteria within each criterion have equal weight.

6.2.1 Offeror’s proposed plan, equipment and services for completing the TORFP Requirements (See

TORFP § 5.4.2).

The State prefers an Offeror’s response to work requirements in the TORFP that illustrates a comprehensive understanding of work requirements and mastery of the subject matter, including an explanation of how the work will be performed. TO Proposals which include limited responses to work requirements such as “concur” or “will comply” will receive a lower ranking than those TO proposals that demonstrate an understanding of the work requirements and include plans to meet or exceed them.

6.2.2 Offeror Qualifications and Capabilities (See TORFP § 5.4.2.G).

6.2.3 Offeror’s Inspection Schedule for completing the project.

6.2.4…