Final_-_MDOL_Digitization_RFP.pdf

Documents Digitization/Scanning Project

Solicitation #: LABOR-FY2025-007 RFP Document

RFP for Maryland Department of Labor Page 1 of 52

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

REQUEST FOR PROPOSALS (RFP)

DOCUMENTS DIGITIZATION/SCANNING PROJECT

RFP NUMBER LABOR-FY2025-007

ISSUE DATE: JANUARY 17, 2025

A Prospective Offeror 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/

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an

Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

RFP for Maryland Department of Labor Page 2 of 52

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services – Documents Digitization/Scanning Project

Solicitation Number: LABOR-FY2025-007

RFP Issue Date: January 17, 2025

RFP Issuing Office: Maryland Department of Labor

Procurement Officer: Raelene Glasgow

100 S. Charles Street, Tower 1

Suite 5005

Baltimore, MD 21201

Email:

Phone Number:

Raelene.glasgow3@maryland.gov

410-767-7050

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

BPM048099

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

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

No Bid/Proposal Notice

Feedback Form

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

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

Local Time, at 1:00 p.m. Local Time on January 27, 2025, via Google

Meet

For virtual meetings: Pre-Proposal Conference - Digitization Project

Monday, January 27 · 1:00 p.m. – 2:00pm

Time zone: America/New York

Google Meet joining info

Video call link: https://meet.google.com/oea-iobn-kzi

Or dial: 3824-426-(US) +1 401 PIN: 496 154 017#

More phone numbers: https://tel.meet/oea-iobn-kzi?pin=8760467676993

See Section 4.3 for additional details.

See Attachment 2 to RSVP by 1:00 p.m. on January 24,2025 to Attend https://tel.meet/oea-iobn-kzi?pin=8760467676993

RFP for Maryland Department of Labor Page 3 of 52

Scheduled Site Visit Site Visit Location and Time: 1100 N. Eutaw Street, Baltimore, MD

21201, on January 30, 2025, at 2:00 p.m. Local Time

To attend the site visit please contact the Procurement Officer via

Email no later than January 29, 2025, at 2:00 p.m.

Questions Due Date and

Time:

February 7, 2025, at 12:00 p.m. Local Time

Proposal Due (Closing)

Date and Time:

February 18, 2025, at 2:00 p.m. Local Time

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

Notice/Vendor Feedback Form).

MBE Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged

Business Enterprise (DBE) subcontract participation goal of _10%__ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to

Appendix 4 for information about the MBE or DBE program and goals.

VSBE Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of _10%

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 5 for information about the VSBE program and goals.

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

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Time and Materials

Contract Duration: Two (2) years base period with no option periods.

Primary Place of

Performance:

LABOR Offices located at 100 S. Charles Street and 1100 N. Eutaw

Street, Baltimore, MD 21201

SBR Designation: Yes

Federal Funding: No

RFP for Maryland Department of Labor Page 4 of 52

RFP for Maryland Department of Labor Page 5 of 52

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

3 GENERAL INSTRUCTIONS TO OFFERORS

3.2 Contractor Responsibilities and Tasks

3.3 Experience and Personnel

3.4 Criminal Background Requirements

3.5 Substitution of Personnel

3.6 Supplemental Category of Work Requirements and Responsibilities

4 Professional Services Supplemental

1.1. Employee Identification

1.2. Security Clearance / Criminal Background Check

1.3. On-Site Security Requirement(s)

5 Standard Terms and Conditions

5.1 Contract Initiation Requirements

5.2 End of Contract Transition

5.3 Invoicing

5.4 Liquidated Damages

5.5 Problem Escalation Procedure

5.6 Work Orders

5.7 Payments by Electronic Funds Transfer

5.8 Prompt Payment Policy

5.9 Federal Funding Acknowledgement

5.10 Conflict of Interest Affidavit and Disclosure

5.11 Non-Disclosure Agreement

5.12 Maryland Healthy Working Families Act Requirements

RFP for Maryland Department of Labor Page 6 of 52

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

Services (EPPs)

5.14 Insurance Requirements

5.15 Non-Compete Clause Prohibition

6 Proposal Submission Information and Instructions

6.1 eMaryland Marketplace Advantage (eMMA)

6.2 Electronic Means

6.3 Pre-Proposal Conference

6.4 Questions

6.5 Proposal Due (Closing) Date and Time

6.6 Economy of Preparation

6.7 Public Information Act Notice

6.8 Oral Presentation

6.9 Duration of Proposals

6.10 Revisions to the RFP

6.11 Cancellations

6.12 Incurred Expenses

6.13 Protest/Disputes

6.14 Offeror Responsibilities

6.15 Acceptance of Terms and Conditions

6.16 Compliance with Laws/Arrearages

6.17 Verification of Registration and Tax Payment

6.18 False Statements

7 Proposal Submission Information and Instructions

7.1 Two Part Submission

7.2 Proposal Delivery and Packaging

7.3 Volume I - Technical Proposal

7.4 Volume II – Financial Proposal

8 Evaluation and Selection Process

8.1 Evaluation Committee

8.2 Technical Proposal Evaluation Criteria

RFP for Maryland Department of Labor Page 7 of 52

8.3 Financial Proposal Evaluation Criteria

8.4 Reciprocal Preference

8.5 Selection Procedures

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

(Table B)

9 RFP Appendices and Exhibits

9.1 Appendices (Table C)

9.2 Exhibits (Table D)

RFP for Maryland Department of Labor Page 8 of 52

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

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

A. The Offeror should have five (5) years of cumulative experience within the last seven (7) years providing file scanning services involving projects of at least 100,000 document images per project.

B. The Offeror shall provide with its Proposal "Attachment L Reference Checks" with three or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Maryland Department of Labor Page 9 of 52

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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

2, from a contract between the selected offeror(s) and the State of Maryland (“State”). The

Maryland Department of Labor (LABOR) needs having paper records from the LABOR divisions specified below scanned, archived, and properly disposed of in support of consolidation of LABOR’s offices.

• It is the State’s intention to obtain services, as specified in this RFP, from a contract between the selected Offeror and the State.

• It is the agency’s intention to enter a single award. See RFP Section 6.5 Selection

Procedures for more Contract award information.

• The purpose of this solicitation is to procure services from an Offeror that is able and qualified to scan, archive, and dispose of paper records.

• A contractor, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all the requirements requested in this solicitation. The successful

Offeror shall remain responsible for Contract performance regardless of subcontractor participation in the work

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

2.2 Background and Purpose

The Maryland Department of Labor (LABOR) is relocating from 1100 N. Eutaw Street, Baltimore, MD to 100 S. Charles Street in Baltimore, MD. Over the years, LABOR has accumulated a significant amount of paper records. Per the State of Maryland LABOR’s policies regarding the document retention, documents are to be kept for an applicable number of years, depending on the types of documents, before being disposed. As LABOR relocates, the documents within the agency must be safeguarded and archived in accordance with the State retention policies. LABOR is seeking an Offeror who can provide the scanning and digitization services necessary to ensure these files are shredded, disposed, scanned, and archived responsibly and efficiently.

The following LABOR Divisions are part of the office consolidation, and the qualified vendor will be required to provide services to each Division listed below as part of this effort if LABOR chooses to participate in this project. Divisions may have records in one location or multiple locations (as stated above). Below is a chart identifying (a) LABOR’s Divisions projected to be included in this project;

(b) the expected total volume of files to be digitized; (c) the expected volume of files to be retained as hard files; and (d) the projected volumed of files intended for shredding only:

Total volume of files to Digitize

(cubic ft.)

Volume of Files to be Hard File

(cubic ft.)

Volume of files to be Shredded Only

(cubic ft.)

RFP for Maryland Department of Labor Page 10 of 52

OOA 430 28 174

OFR None 98 None

UI 207 566 None

O&P 693 1,240 148

OIT 23 None None

DWDAL Apprenticeship 264 None None

DWDAL AELS 86 None None

DWDAL Fiscal 85 53 53

Totals 1,788 1,985 375

1,850 cubic feet of files will be digitized.

1,985 cubic feet of files will remain hard file.

454 cubic feet of files will be shredded without the need to digitize.

RFP for Maryland Department of Labor Page 11 of 52

● The Office of Administration (OOA)

● Office of Financial Regulation (OFR)

● Unemployment Insurance Division (UI)

● Division of Workforce Development and Adult Learning (DWDAL)

● Division of Workforce Development and Adult Learning, Adult Education and Literacy

Services (DWDAL AELS)

● Office of Information Technology (OIT)

● Division of Occupational and Professional Licensing (O&P)

The Divisions listed above are part of the office relocation, and the successful Offeror may need to travel to some or all locations during this effort. The number of eligible records housed within these locations are to be determined by the successful Offeror.

RFP for Maryland Department of Labor Page 12 of 52

3 GENERAL INSTRUCTIONS TO OFFERORS

1. The Offeror is requested to submit a proposal directly responsive to the terms, conditions, and clauses of this RFP. Proposals must be received no later than the date and time provided on the Key Information Summary Sheet. Proposals must be signed and remain valid for a minimum of one hundred twenty days (120) days. The Offeror may not submit its proposal electronically via email. All proposals shall be submitted through the State’s advertisement portal, eMMA at https://emma.maryland.gov/ with attachments compatible with Microsoft Word, or Adobe Acrobat.

2. The Technical Proposal and Financial Proposal must be kept as separate parts of the total proposal package. Accordingly, the overall proposal shall consist of two (2) physically separated parts, as follows: Volume I – Technical Proposal and Volume II

– Cost Proposal. Technical Proposals must not include pricing information. See

Section 5 of the RFP.

3. Any proposal received in response to this solicitation will be reviewed as submitted and in accordance with the evaluation criteria specified in the evaluation factors for the Award.

4. The person signing the Offeror’s proposal shall have the authority to commit the

Offeror to all the provisions of the Offeror’s proposal.

5. Drawing from relevant experience, the Offeror shall demonstrate its understanding, ability and overall approach to performing the requirements described in the

Statement of Work. Anticipated challenges and potential opportunities to enrich the program should be addressed throughout the response. Specifically, the Offeror shall include the following sections in its technical proposal:

● Technical Approach and Methodology: Completeness and accuracy of technical approach in satisfying the work requirements set forth in the Statement of Work, to include Records Scanning

Approach to include Offering onsite and offsite options; Management Plan for the work, to include individual or team of people who would execute the work; Approach to addressing quick turnaround requests; Approach to working through issues that arise that are unforeseen; Ability to provide scanners capable of scanning the large volume of records.

● Corporate Past Performance: Provide at least three (3) previous projects executed within the past 3 years demonstrating experience delivering on similar work and scope. Please include the following information: name of the client organization; name, title, telephone number and email address of contract point of contact; name, title, telephone number and email address of point of contact for client organization with knowledge of Offeror’s performance, if different from contract point of contact; value, type (T&M, FFP, Labor Hour), and duration of the project. Description of goods and services provided and relevance to the requirements detailed in the SOW.

● Quality Control: Demonstration of the ability to meet industry quality standards and best practices.

● Key Personnel: Provide key personnel resumes to include employee name; brief description of proposed duties/responsibilities/area of expertise; education (degrees and certificates); recent experience specific to their proposed role; whether they are currently employed by the vendor, planning to join the organization (date and letter of intent to join Offeror’s firm must be provided), or are a subcontractor.

3.1.1 Project Goals

RFP for Maryland Department of Labor Page 13 of 52

a. Secure Archiving—The selected vendor must demonstrate the ability to Implement robust data management practices to ensure that all digitized files are securely archived in a centralized and organized manner. This includes establishing proper file naming conventions, folder structures, and access controls to safeguard sensitive information.

b. Efficient Scanning—The selected vendor must use appropriate scanning equipment and software to capture and convert physical documents into digital formats accurately. During the digitization process, the scanned files must maintain their readability, integrity, and original quality.

c. Data Integrity—The selected vendor must demonstrate the ability to Implement data validation mechanisms to verify the accuracy and completeness of digitized files and conduct regular quality checks and audits to ensure that the scanned documents are free of discrepancies or errors.

d. Disposal Procedures—The selected vendor must have secure processes for disposing of physical documents after they have been successfully digitized, such as implementing secure shredding or recycling methods to ensure that sensitive information is permanently destroyed in compliance with privacy and data protection laws.

e. Backup and Disaster Recovery- The selected vendor must demonstrate the capability to Implement backup procedures to safeguard digitized files against data loss or corruption.

3.1.2 State Staff and Roles

The successful Offeror will work with Procurement Officer and Contract Monitor.

3.2 Contractor Responsibilities and Tasks

The work will be informed by LABOR’s existing standards, specifications, manuals, guidelines, division specific retention policies and policy instructions to the extend they are applicable and/or available.

LABOR anticipates awarding Not-to-Exceed Time & Materials (T&M) line items contract. The

Offeror must propose pricing that it believes is realistic and reasonable for the work outlined in the

Scope of Work and in accordance with the Offeror's technical approach. The Offeror shall complete a proposed pricing package and should be based on the (Contract Line-Item Number) CLIN structure outlined below:

CLIN 001: Task 1: Strategic Planning (NTE)

CLIN 002: Task 2: Scanning (NTE)

3.2.1 Phases

1. PHASE 1: Pilot: Conduct an end-to-end pilot with LABOR’s Office of Information Technology to test the records scanning strategy and process prior to rolling it out to other Divisions participating in this project. The vendor will be responsible for a detailed documentation of challenges and proposed solutions resulting from the pilot, which will be used to upgrade the overall strategy and processes.

RFP for Maryland Department of Labor Page 14 of 52

2. PHASE 2: Rollout: After a successful pilot, execute the strategy and process to other eligible

Divisions according to the approved scanning schedule.

3.2.2 Tasks

1. TASK 1: Strategic Planning:

2. Serve as a subject matter expert and strategic planning partner to lead the overall approach for the records scanning project.

3. Develop the records scanning project strategy and develop recommendations for areas where LABOR document repository should be used for storage and retrieval, onsite vs. offsite scanning, taxonomy, metadata, and other important areas that LABOR may need guidance on.

4. Meet with each LABOR Division that is part of the scanning project to provide them with an overview of the project, process, and timeline and be an available resource to them during the scanning process when they have questions.

5. The qualified vendor shall perform the following Strategic Planning activities:

a. Taxonomy: Taxonomy development for LABOR should follow industry best practices. These best practices should be used to evaluate LABOR’s existing category groupings/file structure and to guide the enterprise taxonomy build phase of the project.

b. Indexing: Develop indexing and file names that are searchable by various criteria and clearly readable (e.g., number of fields to be indexed, level of indexing required, number of characters per field, etc.). Develop file naming conventions and recommend elements for searchable criteria. Recommend what indexing information is needed and work with LABOR and the project team to develop it.

c. Metadata: Determine which metadata fields will be captured pre-scanning or post scanning.

See TASK 2 for more details.

d. Document Repository: Assist LABOR IT and other divisions in determining where the imported scanned images will be stored. Depending on a division’s needs, more than one document repository might be identified. Close attention shall be paid to the security features, user access and roles, and how the system is backed up.

e. Schedule: Develop a scanning schedule (to be included in the Scanning Plan/Playbook) that prioritizes which divisions/records are to be scanned first.

f. Scanning Plan/Playbook: Develop a record scanning plan/playbook that can be handed to the scanning team, so scanning is done in accordance with established rules and guidelines developed for the scanning process and outputs. Identify the resources needed to execute the initiative. This includes existing staff and external vendors. Include information such as the use of patch and barcode sheets, high-speed scanning to desired output, tailored post-processing applications, and customized indexing applications. Define scanning rules and protocols for the scanning technicians to avoid questions and delays later (e.g., What if there is writing on the back of a photograph or on an envelope?).

6. TASK 2: Scanning: Provide high-speed records scanning for the pilot and rollout. Prepare records for scanning (e.g., remove paper clips, staples, binding, etc.) and scan all eligible records to include, but not limited to personnel records, medical records, legal records, accounting records, and other various large format documents. Provide recommendation on what scanning image output best meets LABOR’s needs [e.g., image format (color or black/white, single page or multipage Tiff, PDF, JPEG, etc.), photo

RFP for Maryland Department of Labor Page 15 of 52 format (JPG, PDF or bitonal tiff, etc.), quality options for images and index data, etc.]. The qualified vendor shall perform the following Scanning activities:

a. Site Surveys: After an individual division’s Cleanout and Organization is completed, visit the select LABOR locations to determine the number, type, and condition of records eligible to be scanned for each division. Determine what information LABOR divisions need to provide during the site visits so the qualified vendor can create an estimated LOE.

b. Transport: If the records are to be scanned off-site, ensure that the records will be safely and securely transported to and from the LABOR location. This includes but is not limited to record box retrieval and transport, chain-of-custody, box tracking, and manifests.

c. Processing: Prepare the materials for scanning to include tasks like flattening documents, removing staples and clips, securing Post-it notes, searching for tape adhesives and other foreign material that might contaminate the scanner.

d. Scanning: Recommend whether scanning should be conducted on-site at LABOR or off-site, and what the pros and cons of each option are. Outline a detailed scanning process and workflow. Recommend the scanned image output (e.g., DPI, file type, searchable text, etc.).

e. Metadata: Apply the taxonomy schemas previously developed to create metadata. Metadata choices should be guided by the records, data, organizational structure, and best practices.

Analyze the LABOR document repository system that will be used to ensure it meets the metadata, search, retrieval, and access requirements that are driving the scanning requirements because not all systems manage all types of metadata. Determine which metadata fields will be captured pre-scanning or post scanning, depending on the document sets.

f. Importing: Upload the scanned images into the selected LABOR document repository and ensure that all of the files are uploaded correctly, and the associated metadata is attached. Work with LABOR IT and each division to set up the system correctly.

g. Shredding: Scanned records will either be boxed for return or securely shredded with

LABOR’s signed approval. The qualified vendor will provide a shredding certificate to the respective programs. Please reference 2023 Maryland Statutes – State Government Title

10 – Governmental Procedures Subtitle 13 – Protection of Information by Government

Agencies. Also see the links below for digitization standards and Maryland Archives procedures.

Digitization Standards:

https://msa.maryland.gov/msa/intromsa/html/record_mgmt1/scanning_guidelines.html

Maryland State Archives Procedures:

https://msa.maryland.gov/msa/intromsa/html/record_mgmt1/transfer.html.

h. Project Management: Develop a project plan and schedule that details how the records scanning will be completed across all building locations and divisions. Project management and coordination will be required to ensure the project is on schedule, within budget, within scope, and that risks are raised and addressed early.

i. Quality Control: Identify how imaging and quality control will be provided for every record.

Additionally, some records are several decades old and in varying condition. These records might be of historical significance and need to be handled with care. A quality control plan will be presented at the onset of the project.

j. Security: Ensure both physical and cyber security standards are in place when in possession of LABOR information. Explain how the security procedures at the vendor's off-site location keep LABOR’s records safe. How are the paper records stored? What security features are in place to protect the physical records and the digital records?

https://msa.maryland.gov/msa/intromsa/html/record_mgmt1/scanning_guidelines.html https://msa.maryland.gov/msa/intromsa/html/record_mgmt1/transfer.html

RFP for Maryland Department of Labor Page 16 of 52

Please see Appendix 1: LABOR IT Security Requirements for more information.

In addition to delivering the tasks above, the qualified vendor shall have the following capabilities:

1. Offer both onsite and offsite scanning options.

2. Tag documents that have sensitive information such as Personally Identifiable Information

(PII) or Protected Health Information (PHI), working with LABOR on the proper systems to use to scan and store such records.

3. Handle non-standard paper such as large format drawings, photographs, microfilm/fiche, slides, or fragile onion skin.

4. Visit multiple LABOR locations to conduct site surveys.

5. Upload scanned images to an existing LABOR-owned document repository of LABOR’s choosing.

6. Proven quality control methodology so that scanned records have been scanned correctly, are readable, and are retrievable.

7. History of delivering scanning services to organizations and projects of the same size and complexity.

8. Ability for scanning staff to meet LABOR criminal background check requirements described in Section 3.4

9. Ability to meet LABOR’s IT security requirements outlined in Appendix 1.

10. Fully insured against damage, theft, etc. of LABOR-owned property (including paper records) while in the vendor’s possession described in Section 5.1.4.

3.3 Experience and Personnel

3.3.1 Preferred Offeror Experience

The Offeror shall demonstrate that the proposed personnel are competent and experienced in the skills required in the SOW.

Key Personnel Requirement

Project Manager*

● Shall have experience leading document scanning projects of similar size and scope

● Shall be in attendance for oral presentations

Key Strategist* ● shall have experience developing organizational digitization and records management strategies of similar size and scope

● Shall be in attendance for oral presentations

* Project Manager and Key Strategist roles could be filled by the same person if that person has the experience and skillsets for both requirements.

3.3.2 Personnel Experience

RFP for Maryland Department of Labor Page 17 of 52

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.4 Criminal Background Requirements

The Offeror shall certify to the following:

1. It will contract with or engage a reputable third-party vendor to conduct criminal background screenings of all personnel who will have access to LABOR’s customers, LABOR’s property, or

LABOR’s information in connection with this Contract. This requirement also applies to personnel who engage with the general public on LABOR’s behalf.

2. It will screen for criminal convictions all personnel who will have access to LABOR’s customers, the general public, LABOR’s property, or LABOR’s information and who work on this Contract during each calendar year within this Contract’s period of performance. The screening shall take into consideration (1) the nature of the services or work being performed under the contract with particular regard for the individual’s access to, and interaction with, LABOR’s customers, property, and confidential information; (2) the nature or gravity of the offense or conduct resulting in a criminal conviction, if any; and (3) the time that has lapsed since the conviction and/or completion of the sentence.

3. The Offeror shall determine that all personnel working on this Contract during the calendar year passed the Offeror’s criminal background screening and will be in good standing and otherwise fit to work on this Contract. The Offeror shall provide certification that it conducted these screenings to LABOR’s Contracts Manager ten (10) days after contract award and on a quarterly basis, on a form to be provided by LABOR.

4. The Offeror shall submit to LABOR’s Contracts Manager a list of all employees and agents who will require Contractors’ access badges not less than 7 days prior to the date on which access will be required.

5. The successful Offeror shall attest in its initial and quarterly certifications that it has not obtained or otherwise been made aware of any information about any personnel working on this Contract that contradicts or otherwise impacts the Contractor’s determination that such persons passed the

Contractor’s criminal background screening and/or are fit to work on this Contract. The successful

Offeror also shall inform LABOR within five (5) business days of their becoming aware of any developments that adversely impacts such determination.

6. The Offeror shall flow this requirement down to all of its subcontractors, if any, who will have access to LABOR’s customers, the general public, LABOR’s property, or LABOR’s information within this Contract’s period of performance.

3.4.1 Period of Performance

RFP for Maryland Department of Labor Page 18 of 52

The anticipated period of performance is when all participating divisions/office records are scanned or a 10,000,000-page threshold is met, whichever comes first. LABOR anticipates that the records scanning project will continue into 2026.

3.4.2 Work Hours

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

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

State Business Hours (see definition in Appendix 1), Monday through Friday except for

State holidays.

B. Contractor Personnel may also be required to provide occasional support outside of normal State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies, such as to resolve system repair or restoration. Hours performing activities must be billed on an actual time worked basis at the rates proposed.

C. State-Mandated Closings: Contractor Personnel shall be required to participate in any

State-mandated closings. In this event, the Contractor will be notified in writing by the

Contract Monitor of these details.

3.5 Substitution of Personnel

3.5.1 Continuous Performance of Key Personnel

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

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key

Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the

Contract Monitor.

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

3.5.2 Definitions

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

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

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

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

RFP for Maryland Department of Labor Page 19 of 52

3.5.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 3.5.

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

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

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

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

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

4. Evidence of any required credentials.

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

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

3.5.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, LABOR policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in Section 3.5.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract

Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the

Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the

Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

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

Contract Monitor may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

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

5. If the Contract Monitor determines to direct substitution under 3.5, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor. However, if the Contract Monitor deems it necessary and, in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract

Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6. In circumstances of directed removal, the Contractor shall, in accordance with paragraph 3.5. of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

A. Key Personnel Replacement

1. To replace any Key Personnel in a circumstance other than as described in 3.5, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.5.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

B. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor shall replace Key Personnel whenever a sudden vacancy occurs

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 3.5.

2. Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 3.5. within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

C. Key Personnel Replacement Due to an Indeterminate Absence

1. If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under

Section 3.5..

2. However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor the Contract

Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

3.5.5 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or

RFP for Maryland Department of Labor Page 21 of 52 the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

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

3.6 Supplemental Category of Work Requirements and Responsibilities

See the attached Professional Services Supplemental associated with this solicitation.

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4 Professional Services Supplemental

This supplemental contains additional requirements under Section 3.6 of the solicitation.

1. Security Requirements

The following requirements are applicable to the Contract:

1.1. Employee Identification

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 Contractor

Personnel shall provide additional photo identification.

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.

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

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

Contract.

1.2. Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

A security clearance is not required for Contractor Personnel.

A. A criminal background check for any Contractor Personnel providing on-site shall be completed prior to each Contractor Personnel providing any services under the Contract within 10 days of contract award. The Contract Monitor shall be provided with the certifications of these screenings.

B. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)

State and federal criminal background check, including fingerprinting, for all Contractor

Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

C. It will contract with or engage a reputable third-party vendor to conduct criminal background screenings of all personnel who will have access to LABOR’s customers, LABOR’s property, or

LABOR’s information in connection with this Contract. This requirement also applies to personnel who engage with the general public on LABOR’s behalf.

D. It will screen for criminal convictions all personnel who will have access to LABOR’s customers, the general public, LABOR’s property, or LABOR’s information and who work on this Contract during each calendar year within this Contract’s period of performance. The screening shall take into consideration (1) the nature of the services or work being performed under the contract with particular regard for the individual’s access to, and interaction with, LABOR’s customers, RFP for Maryland Department of Labor Page 23 of 52 property, and confidential information; (2) the nature or gravity of the offense or conduct resulting in a criminal conviction, if any; and (3) the time that has lapsed since the conviction and/or completion of the sentence.

E. The Offeror shall submit to LABOR’s Contracts Manager a list of all employees and agents who will require Contractors’ access badges not less than 7 days prior to the date on which access will be required.

F. The successful Offeror shall attest in its initial and quarterly certifications that it has not obtained or otherwise been made aware of any information about any personnel working on this Contract that contradicts or otherwise impacts the Contractor’s determination that such persons passed the Contractor’s criminal background screening and/or are fit to work on this

Contract. The successful Offeror also shall inform LABOR within five (5) business days of their becoming aware of any developments that adversely impacts such determination.

G. The Offeror shall flow this requirement down to all of its subcontractors, if any, who will have access to LABOR’s customers, the general public, LABOR’s property, or LABOR’s information within this Contract’s period of performance.

H. The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The State will obtain a criminal background check for each individual using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

I. The Contractor shall obtain criminal background checks on candidates it sends for employment under the Contract. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity.

The Contractor shall provide the Contract Monitor with certification of completion of the required criminal background check described in this RFP for each required Contractor

Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

J. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the

Contract Monitor as to acceptability of a candidate are final.

K. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed and documented by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

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3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

L. Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.

M. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

1.3. On-Site Security Requirement(s)

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

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, may require each person entering the premises to document and inventory items (such as, but not including files ) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have an inventory of tools being brought onto a site and be prepared to present the inventory, as well as the tools or equipment, to the State staff or an officer for review and inspection. Before leaving the site, the Contractor Personnel may again be required to present the inventory list and the tools or equipment for inspection. Upon both entering and exiting the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

B. Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

LABOR may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the LABOR.

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the

Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply

RFP for Maryland Department of Labor Page 25 of 52 with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

2. Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

3. Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

4. Location of the Performance of Services Disclosure

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

5. HIPAA - Business Associate Agreement

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

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5 Standard Terms and Conditions

5.1 Contract Initiation Requirements

Once…