DPP Internet Monitoring Service Multi-Step IFB with attachments 8.14.2026 final.pdf

Internet Monitoring Service for Division of Parole and Probation

(DPP)

Solicitation #: BPM058115

IFB Document

IFB for Department of Public Safety and Correctional Services (DPSCS) Page 1 of 34

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

(DPSCS)

MULTI-STEP SEALED INVITATION FOR BIDS (IFB)

INTERNET MONITORING SERVICE FOR DIVISION OF PAROLE AND

PROBATION (DPP)

IFB NUMBER BPM058115

ISSUE DATE: AUGUST 14, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids IT - Internet Monitoring Service for Division of Parole and Probation

(DPP)

Solicitation Number:

BPM058115

IFB Issue Date: August 14, 2026

IFB Issuing Office:

Department of Public Safety and Correctional Services (DPSCS or the "Department")

Procurement Officer:

Elise Koch DPSCS Office of Procurement Services 6776 Reisterstown Rd Room 211 Baltimore, MD 21215

Email:

Phone Number:

Elise.Koch2@maryland.gov 443-836-1651

Bids are to be sent to:

Submit only on emma.maryland.gov under Solicitation Number

BPM058115.

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 (one) with your reasons why.

Pre-Bid Conference:

Tuesday, August 25, 2026, 9:00am Local Time BPM058115 Internet Monitoring Service for DPP Pre-bid Conference Tuesday, August 25 · 9:00 – 9:30am Time zone: America/New York Google Meet joining info Video call link: https://meet.google.com/wfx-utop-zky Or dial: 6052-225-(US) +1 402 PIN: 893 157 375# More phone numbers: https://tel.meet/wfx-utop-zky?pin=6714505279682

Scheduled Site Visit

N/A

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Questions Due Date and Time:

Wednesday, September 2, 2026 2:00pm Local Time

Bid Due (Closing) Date and Time:

Monday, September 14, 2026 2:00pm Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location

Technical Responses will not be opened publicly. Bid Price Forms of all technically acceptable bids will be opened publicly no earlier than Friday, September 18, 2026 at 8:00am local time. The exact date will be published on eMMA at least three (3) days before bids are opened.

MBE or DBE Subcontracting Goal: 0%

This solicitation does not include a Minority Business Enterprise (MBE) subcontract participation goal.

VSBE

Subcontracting Goal: 0%

This solicitation does not include a VSBE participation goal.

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02, and specifically pursuant to COMAR 21.05.02.17 (Multi-Step Sealed Bidding).

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm Fixed Price in accordance with COMAR 21.06.03.02 A.(1)

Contract Duration:

Five (5) year base period with no renewal options

SBR Designation: No

Federal Funding: No

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Table of Contents - IFB Contents

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Bid Submission Format – Two Part Submission Information

4.7 Technical Response Requirements

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4.8 Bid Price Form

4.9 Receipt, Opening and Recording of Bids

4.10 Duration of Bids

4.11 Revisions to the IFB

4.12 Cancellations

4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Bidder Responsibilities

4.16 Acceptance of Terms and Conditions

4.17 Compliance with Laws/Arrearages

4.18 Verification of Registration and Tax Payment

4.19 False Statements

4.20 Confidentiality of Bids / Public Information Act Notice

4.21 Use of Bidder’s Form Not Binding on State

4.22 Attachments and Documents Required with the Bid (Table A)

4.23 Bid Delivery Instructions

4.24 Bid Evaluation Criteria and Award Basis

4.25 Tie Bids

4.26 Reciprocal Preference

4.27 Small Business Preference

4.28 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

Appendix 1 Abbreviations and Definitions

Appendix 2 Price Form Instructions

5.2 Exhibits (Table D)

Exhibit 2 Sample Contract

Exhibit 4 Information Technology (IT) Supplemental

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualification:

A. The Bidder shall have three (3) years of experience conducting internet monitoring for a public safety organization, such as a law enforcement or correctional justice agency, within the last five

(5) years. As evidence of meeting the requirement, the Bidder shall provide with its Bid, Attachment L Reference Checks, listing three (3) references from public safety organizations within the last five (5) years for which the Bidder has completed previous internet monitoring services.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Multi-Step Sealed Invitation for Bids (IFB) is issued to procure internet monitoring services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland’s Department of Public Safety and Correctional Services (“DPSCS” or “State”) for internet monitoring services for the Division of Parole and Probation (DPP) for a five (5) year term.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.2 This is a single award Multi-Step Sealed IFB. See IFB Section 4.24 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

2.2 Background and Purpose

The DPSCS – DPP is issuing this Competitive Multi-Step Sealed Invitation for Bids to obtain services related to the management and monitoring of internet use by sexual offenders under Department supervision. Internet usage monitoring procedures were first implemented in response to 2006 legislation mandating internet usage monitoring as a special condition of supervision in appropriate cases.

Internet usage monitoring has been an effective tool for informing a Collaborative Offender Management | Enforced Treatment (COMET) team about the deviant interest and arousal patterns of offenders, and for controlling access to potential victims through internet communication. As a result, such monitoring can also be useful in more accurately assessing risk level and for determining the need for changes in levels of supervision, treatment, and internet access.

2.2.1 Project Goals

The goals of the internet usage monitoring program include: (1) minimizing the risk of re-offense by determining and enforcing appropriate levels of restriction on offender internet activity; (2) ensuring compliance with supervision and treatment requirements and restrictions; (3) increasing the accountability of sexual offenders for high-risk behaviors which may occur while under supervision, thus serving as an additional deterrent to re-offending and increasing the protection of potential victims; and (4) facilitating the identification of sexual offenders who need more intensive supervision or treatment, and providing for more precise targeting of treatment interventions.

2.2.2 State Staff and Roles

In addition to the Procurement Officer, the State contacts will be the Project Monitor and the Contract Monitor.

A. The Project Monitor is responsible for implementing the new system and will provide answers to computer and software questions after award.

1. Contact info: Kaleigh Hunt, Kaleigh.Hunt@maryland.gov

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B. The Contract Monitor is responsible for verifying Contractor performance, ensuring timely deliverables, reviewing invoices, managing risks and documenting compliance.

1. Contact info: Cynthia Wingate, Cynthia.Wingate@maryland.gov

2.3 Contractor Responsibilities and Tasks

A. Information Technology Security Requirements

1. When in the course of performing contractual tasks for the State, the Contractor shall ensure adherence to, and compliance with, the State of Maryland IT Security Policies.

2. The Contractor shall implement and maintain security safeguards, consistent with the Maryland DoIT IT Security Manual to prevent unauthorized access to monitoring data. Such safeguards shall include logging, monitoring, and auditing the activities of the Contractor, including the Contractor’s employees and/or other staff who have access to that data.

3. The Contractor shall comply with the security requirements set forth in the Information Technology Supplemental attached as Exhibit 4.

B. General Monitoring System Requirements

1. The Contractor’s internet usage monitoring system shall monitor offender internet activity statewide, 24 hours per day, 7 days per week.

2. The monitoring solution, including all operating system and monitoring software components, shall use current supported versions, be compatible with Department-approved Windows operating systems, and provide a secure, web-based interface that does not require software installation on Department computers.

3. Authorized Department personnel shall be able to access and view monitoring data remotely, in real time, through a secure web-based interface with unlimited user access.

4. The system shall allow authorized personnel to review inbound and outbound internet communications, including webmail, instant messaging, chat sessions, forum posts, blog entries, and similar online communications.

5. The system shall record and display all websites visited by the offender.

6. The system shall capture and allow review of files transferred by the offender, including files transferred through peer-to-peer (P2P) and other file-sharing services, as well as files deleted from the monitored device.

7. The system shall monitor online and offline activity and detect attempts to save or access files on external storage devices, use peer-to-peer networks, or create, access, modify, or distribute prohibited material.

8. All monitoring features and restrictions shall be configurable on an offender-specific basis and managed remotely by authorized Department personnel.

9. The system shall enable Department personnel to restrict internet access based on connection type, content category, keywords or phrases, specific websites, time schedules, or approved resources only.

10. The system shall allow Department personnel to completely disable an offender’s internet access when required.

11. The system shall capture screenshots based on defined keywords, applications, or activities and retain those screenshots for evidentiary, treatment, or investigative purposes.

12. The system shall provide reliable methods to verify the identity of the monitored user.

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13. The system shall support exclusion rules that prevent specified activities or communications from being monitored.

14. The system shall generate immediate alerts for violations of configured internet restrictions and send notifications to up to five Department-designated email addresses.

15. The system shall allow Department personnel to define and modify violation thresholds, alert priorities, and notification procedures.

16. The system shall support multiple operating systems and device types, including Windows, macOS, Android, iOS, ChromeOS and other commonly used internet-capable platforms.

C. Data Management Requirements

1. The Contractor shall provide a detailed description of the system architecture, including hardware, software, power infrastructure, contingency plans, disaster recovery procedures, data recovery processes, and system failure notification procedures.

2. All monitoring systems and records shall be maintained in secure facilities with access restricted to authorized personnel.

3. The monitoring environment shall provide secure communication channels for the transmission of Department and offender data.

4. The system shall include security controls sufficient to prevent unauthorized access to offender data.

5. The facility in which the monitoring system is held shall comply with all applicable federal, state, and local regulations, including building, fire, and safety codes. The facility shall include fire protection systems, climate control, uninterruptible power supplies (UPS), backup generators, and documented disaster recovery capabilities.

6. All monitoring data shall be stored, archived, and backed up daily on Contractor-managed infrastructure, and shall not require storage on Department systems.

7. The system shall support storage and export of monitoring data in CSV format.

8. The Contractor shall maintain fully redundant backup systems and documented continuity plans to address power outages, telecommunications failures, network disruptions, and other events that could affect system availability or data security.

D. Installation Requirements

1. The monitoring software shall support remote self-installation by offenders on approved devices through an internet connection, without requiring technical training or assistance. The Department shall be able to verify successful installation.

2. The software shall detect and generate alerts for any attempts to disable, bypass, modify, or otherwise tamper with the monitoring software.

3. The Contractor shall provide step-by-step installation and operational procedures in PDF format as part of its proposal response.

E. Reports and Records

1. The system shall automatically generate and update internet usage reports for each offender at least once daily. Reports shall include:

1. Total time spent online

2. Dates and times of internet connectivity

3. Most frequent online activities

4. Any prohibited or restricted activities detected

2. Authorized Department personnel shall be able to download reports to approved devices.

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3. The system shall support sorting and filtering of monitoring data by DPP Agent, case name, offender last name, keywords, activities, media type, applications, programs, and violation type.

4. The system shall consolidate offender activity data and support searches across monitored applications, programs, and activities.

5. The system shall allow authorized personnel to create, customize, generate, and print reports through the secure web-based interface.

6. The system shall allow the DPP user to generate custom reports, including aggregate statistics such as:

1. Number of monitored offenders by region

2. Number of monitored offenders by reporting period

3. Controls and restrictions applied

4. Violation counts and categories by region or reporting period

7. Authorized personnel shall have on-demand access to all archived monitoring data through the secure web-based interface.

8. The Bidder shall provide sample monitoring reports in PDF format with its technical response.

F. Training and Support Requirements

1. The Contractor shall provide initial training to Department personnel on all procedures and system functions necessary to implement and manage the monitoring program. Training shall be offered online.

2. Training shall include, at a minimum:

1. Remote software installation

2. Accessing monitoring data

3. User profile configuration and management

4. Monitoring procedures

5. Report generation

6. Alert management

7. Violation code administration

3. The Contractor shall provide electronic training materials, user manuals, equipment documentation, and all other required reference materials at no additional cost to the Department.

4. The Contractor shall provide ongoing application training remotely.

5. The Contractor shall provide refresher training and training for newly assigned staff at least every six months, at no additional cost to the Department.

6. The Contractor shall maintain a toll-free, 24-hour support line staffed by qualified technical personnel to assist with troubleshooting and operational issues.

7. The Contractor shall provide all software updates and upgrades necessary to maintain system security, functionality, and performance at no additional cost to the Department. Software updates shall be pushed to all devices on which the software is installed.

8. The Contractor shall provide affidavits, expert testimony, and all technical support necessary to explain and defend the monitoring system’s methodology and performance in legal proceedings, parole hearings, or violation prosecutions.

2.4 Supplemental Category of Work Requirements and Responsibilities See the attached Information Technology Supplemental included in this solicitation as Exhibit 4.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the State may schedule a kickoff meeting to be held prior to commencement of Contract performance. At the kickoff meeting, the Contractor will furnish a Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution. If no kickoff meeting is held, the State will notify the Contractor when to furnish the Project Schedule.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

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

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

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15th business day of the month following the end of the invoice period.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Deliverable Invoicing

A. Deliverable invoices shall be accompanied by a monthly usage log. The usage log shall identify the supervised individual, the number and type of device(s) being monitored, and the number of days monitored during the month.

B. The Contractor shall electronically send invoices to the following in one email:

1. Department of Public Safety and Correctional Services, Accounts Payable, dpscs.accountspayable@maryland.gov

2. DPP Accounts Payable, DPP.Contractinvoices@maryland.gov

3. DPP Contract Monitor; Cynthia Wingate, Cynthia.Wingate@maryland.gov

4. Project Monitor: Kaleigh Hunt, Kaleigh.Hunt@maryland.gov

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.3 Labor Hour/Time and Materials Invoicing

Not applicable to this IFB.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

IFB for Department of Public Safety and Correctional Services (DPSCS) Page 14 of 34 http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 Non-Disclosure Agreement (Contractor)

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This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. 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 Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.13.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability – N/A

C. Crime Insurance/Employee Theft Insurance – N/A

D. Cyber Security / Data Breach Insurance – One million dollars ($1,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

E. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

F. Automobile or Commercial Truck Insurance – N/A

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3.13.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.13.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.13.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.13.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.6 Subcontractor Insurance

The Contractor shall require all subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., emma.maryland.gov) https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to

IFB for Department of Public Safety and Correctional Services (DPSCS) Page 18 of 34 research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10, Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

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

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Bid Submission Format – Two Part Submission Information

4.6.1 Part I: Technical Response

4.6.1.1 The Bidder shall submit a complete Technical Response consisting of all supporting material in searchable Adobe PDF format. NOTE: Omit all pricing information from Part I.

4.6.1.2 The Bidder shall submit a second version of the Technical Response consisting of all supporting material in searchable Adobe PDF format with confidential and proprietary information redacted (see Section 4.21).

4.6.1.3 The Technical Response shall NOT include any pricing/cost information.

4.6.2 Part II: Bid Price Form

4.6.2.1 The Bidder shall submit a complete and signed Bid Price Form (Attachment B). Pricing shall also be entered into the pricing grid within eMMA. Should there be any discrepancy between information entered on the Bid Price Form and the eMMA pricing grid, the Bid Price Form shall prevail.

4.6.2.2 The Bidder shall submit the Bid Price Form in searchable Adobe PDF format. The Bidder shall not alter or modify the Bid Price Form in any way, and shall not attach or include any additional documentation with the Bid Price Form.

4.7 Technical Response Requirements

4.7.1 The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 1.1 “Bidder Minimum Qualifications.”

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4.7.2 The Bidder shall address each Scope of Work requirement (Section 2) in its Technical Response and describe how its proposed services will meet or exceed the requirement(s).

If the State is seeking Bidder agreement to any requirement(s), the Bidder shall state its agreement or disagreement. Any paragraph in the Technical Response that responds to responsibilities and tasks requirements shall include an explanation of how the work will be done. Any exception to a requirement, term, or condition may result in having the Bid classified as not responsive or the Bidder deemed not responsible, and the Technical Response determined not acceptable.

4.7.3 Responses in the Bidder’s Technical Response should reference the organization and numbering of Sections in the IFB (ex. “Section 2.3.1 Response . . .; “Section 2.3.12 Response . . .,” etc.). This Technical Response organization will allow State officials to “map” Bidder responses directly to IFB requirements by Section number and will aid in the review process.

4.7.4 The Bidder shall give a definitive description of the proposed plan to meet the requirements of the IFB, i.e., a Work Plan. It shall include the specific methodology and techniques to be used by the Bidder in providing the required services as outlined in IFB Section 2. The description shall include an outline of the overall management concepts employed by the Bidder and a project management plan, including project control mechanisms and overall timelines. Project deadlines considered contract deliverables must be recognized in the Work Plan.

4.7.5 The Bidder shall provide resumes on any staff (Project Manager, etc.) providing services under the Contract, as well as identify a primary contact person who shall have primary responsibility for performance under the Contract (See Section 2).

4.7.6 The Bidder shall provide a sample of a completed report that the Bidder has completed for a public safety organization such as law enforcement or corrections. (See Section 2).

4.7.7 The Bidder must include the step-by-step details of the remote monitoring software installation and operational procedures in its Technical Response.

4.7.8 The Bidder must include PDF samples of the available monitoring reports in its Technical Response.

4.8 Bid Price Form

4.8.1 The Bid shall contain all price information in the format specified on the Price Form

(Attachment B). Complete the Bid Form only as provided in the Bid Pricing Instructions.

Do not amend, alter, or leave blank any items on the Price Form or include additional clarifying or contingent language on or attached to the Price Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

4.8.2 The Bid will contain the Completed Bid/Proposal Affidavit (Attachment A).

4.9 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until after the final due date and time for bid submission. Technical Responses will not be opened publicly. Before Bid Price Form opening, the State may not disclose the identity of any Bidder.

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Bid Price Forms shall be opened publicly at the time, date and place specified by the Procurement Officer.

The name of each Bidder, the Total Evaluated Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.10 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 180 days following the Bid due date and time, or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.11 Revisions to the IFB

4.11.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.11.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

4.11.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.12 Cancellations

4.12.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.12.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.12.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.12.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.13 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

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4.14 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.15 Bidder Responsibilities

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

4.15.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate.

4.15.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.15.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.16 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.17 Compliance with Laws/Arrearages

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

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

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4.18 Verification of Registration and Tax Payment

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

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.19 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material factor C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.20 Public Information Act Notice

The…