Final - RFP for Insurance Appraisal Services - Real Property and Infrastructure.pdf

Insurance Appraisal Services – Real Property and Infrastructure

Solicitation #: INSAPP-09172026 RFP Document

MARYLAND STATE TREASURER’S OFFICE

REQUEST FOR PROPOSALS (RFP) FOR INSURANCE

APPRAISAL SERVICES - REAL PROPERTY AND

INFRASTRUCTURE

RFP#INSAPP-09172026

ISSUE DATE: SEPTEMBER 17, 2026

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/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION

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

STATE OF MARYLAND

STATE TREASURER’S OFFICE (STO)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Insurance Appraisal Services – Real Property and Infrastructure

Solicitation Number: RFP#INSAPP-09172026

RFP Issue Date: September 17, 2026

RFP Issuing Office: State Treasurer’s Office (“STO”, the “Office” or the "State")

Procurement Officer: Kris Chewlin 80 Calvert Street, Room 109 Annapolis, Maryland 21401

Email:

Phone Number:

kchewlin@treasurer.state.md.us 410-260-7428

Proposals are to be sent to:

Submit on emma.maryland.gov or via hand delivery or trackable mail to the Procurement Officer above.

To submit a proposal via eMMA, 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 and please include reason.

Pre-Proposal Conference:

October 5, 2026 @ 2:00 PM EST

See Section 4.3 for additional details.

See Attachment 2 to RSVP by close of business on September 29, 2026 to attend

Questions Due Date and Time:

Questions should be submitted to kchewlin@treasurer.state.md.us with a subject line of “Questions for RFP # INSAPP-09172026” by October 9, 2026 @ 2:00 PM EST

Proposal Due (Closing) Date and Time:

November 4, 2026 @ 1:00 PM EST 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).

mailto:kchewlin@treasurer.state.md.us

Oral Presentations (for short-listed offerors)

To be finalized at a later date, but the estimated period will be between November 16, 2026 and November 20, 2026.

MBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of __15___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__N/A___% for African-American MBEs;

__N/A___% for Asian-American MBEs;

__N/A___% for Hispanic-American MBEs; and __N/A___% for Woman-Owned MBEs.

VSBE Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0___%

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: Three (3) year base period with two (2) one-year option periods.

Primary Place of Performance:

As proposed by Offeror

SBR Designation: No

Federal Funding: No

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RFP Document

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

2.5 Labor Categories

2.6 Substitution of Personnel

2.7 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 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II - Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

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

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

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

A. The Offeror shall have a designated employee or employees with a minimum of ten (10) years of experience in Insurance appraisal services for real property and infrastructure and be qualified as a Certified General Appraiser.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its proposal three or more references within the past five (5) years that are able to collectively attest to the Offeror’s required years of experience in providing the above-mentioned appraisal services.

B. All insurance companies for offeror’s insurance coverage shall have an A.M. Best rating of

“A-”, VII or better.

C. The Offeror shall have and will maintain all necessary permits, licenses and certifications required by local, State and/or federal laws, including but not limited to Maryland Commercial Real Estate Appraiser license.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide verification of all permits, licenses and certifications currently held by the firm. Please note that a Maryland license will be required for the contract awardee. See Section 2.3.1 for more information.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Office is issuing this Request for Proposals (RFP) to select one or more firms to provide insurance appraisal services for the State’s owned real property and infrastructure, classified as Category A and Category B respectively. The selected firm(s) will provide insurance appraisal services in accordance with recognized industry standards, including but not limited to Uniform Standards of Professional Appraisal Practice (USPAP), American Society of Appraisers (ASA), American Association of State Highway and Transportation Officials (AASHTO), RSMeans Construction Cost Data, Association for the Advancement of Cost Engineering (AACE) or similar engineering and insurance valuation standards. Offerors must detail their methodology, including source indices used for cost estimates and annual valuation updates.

Offerors are allowed to bid either on one or both categories. The State reserves the right to make more than one award if doing so is in the best interest of the State. See RFP Section 6.5 Selection Procedures 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

2.2.1 Real Property (Category A)

The State of Maryland and its agencies own real property, including but not limited to office complexes, universities, hospitals, airports, correctional facilities, warehouses, military facilities, rail systems, port facilities, armories and stadiums. Related structures, such as garages, towers, mechanical and electrical buildings, may be part of the State’s real property portfolio.

Real property to be appraised is situated in all counties of the State. There are approximately 500 locations with owned real property estimated replacement cost values in excess of fifty million dollars ($50,000,000), any of which may be selected for appraisal services.

It is intended that the successful bidder shall perform five or more real property insurance appraisals each calendar year of the contract. Locations selected shall be at the discretion of the State.

See Attachment 3 - Real Property Location with Values in Excess of $300,000,000 (further details to be provided to the successful bidder)

2.2.2 Infrastructure Property (Category B)

The State of Maryland, Maryland Department of Transportation, Maryland Transportation Authority (MDTA) owns bridges, tunnels, roads, toll equipment and related infrastructure.

Since 1971, MDTA has been responsible for constructing, managing, and operating the State’s toll facilities, as well as financing new revenue producing transportation projects. MDTA currently has jurisdiction over four (4) Toll Bridges, two (2) Tunnels, two (2) Toll Roads, and numerous roads

(including toll express lanes and the Intercounty Connector (ICC) and “non-major structures” that are essential to maintain access to the toll roads and facilities). Non-major structures may include approaches, ramps, loops, bridges, retaining walls and similar surfaces.

Each infrastructure property appraisal shall cover a logically grouped set of components. For bridges, each main span or directionally distinct bridge shall constitute one appraisal. For interchanges or access infrastructure, a single appraisal shall include all ramps and viaducts serving a contiguous system. MDTA will pre-define the scope of infrastructure property appraisal packages during work planning.

It is intended that the successful bidder shall perform one to three infrastructure property appraisals each calendar year of the contract. Locations selected shall be at the discretion of the MDTA.

While MDTA will provide all available information (e.g., construction records, prior estimates, architectural and engineering plans), the bidder must independently verify data necessary for appraisal accuracy. Any assumptions made due to incomplete or unavailable data must be clearly documented. MDTA will not be liable for costs incurred due to reliance on inaccurate or incomplete data.

See Attachment 4 for Infrastructure Property

2.3 Contractor Responsibilities and Tasks

The Contractor, in collaboration with the Contract Monitor, shall provide the following required services, as well as any related services requested by the Office to be added in the future:

2.3.1 The Contractor must obtain and maintain a license to operate in Maryland for the entire duration of the Contract. For out-of-state Contractors, applications for a Reciprocal Appraiser License are administered by the Maryland Department of Labor and are accessed via this link: https://www.labor.maryland.gov/license/reahi/reahirecip.shtml

Any applicable registration and licensing costs incurred are solely the responsibility of the Contractor. Upon execution of the Contract, the Contractor will be given a reasonable time up to a maximum of sixty (60) days to show proof of a Reciprocal Appraiser License. The State reserves the right to revoke a Contract award if a proof of license cannot be obtained within the specified timeframe.

2.3.2 Appraisals shall include the estimated Insurance Replacement Cost (RC) of the subject building or infrastructure. For this agreement, replacement cost shall be the estimated cost to rebuild with similar materials, quality and craftmanship, and to the same architectural and engineering specifications of the existing “as-built” structure.

2.3.3 Appraisals shall provide separate calculations for the Maximum Foreseeable Loss (MFL) of the subject building or infrastructure, based on loss scenarios such as wind, https://www.labor.maryland.gov/license/reahi/reahirecip.shtml earthquake and flood perils. Assumptions and other criteria used in the MFL calculations must be detailed in the appraisal.

2.3.4 The successful firm shall be qualified to review and interpret engineering and architectural plans. Should upgrades be made to existing buildings or infrastructure, whether for protection or other reasons, it is intended that appraisals include the value of such improvements.

2.3.5 Appraisals shall contain the following information:

o Construction details of building, roof, deck and foundation; superstructure and substructure, as applicable.

For buildings, the appraisal shall also identify the Insurance Services Office (ISO) construction classification For infrastructure, the appraisal shall also identify the type of construction (beam, truss, suspension, etc.)

o Diagrams o Protection details (sprinklers, alarms, guardrails, gates, dolphins, etc.)

o Photographs o GPS coordinates o Opinion of general condition and quality

• Completed, signed certified appraisals must be submitted to the State by September of the calendar year in which the appraisal was performed, in hard copy and electronic format.

• For completed appraisals the selected firm performed in prior years of the contract, the firm shall provide annual updates to the State to include valuation trend rational with sources, detailed adjustment table showing original and updated value, commentary on any substantial shifts and recommendation which base value should be established for future updates

• The selected firm shall submit a preliminary Work Plan within 30 days of contract award, outlining team structure, methodology, equipment to be used, and proposed appraisal schedule. The State reserves the right to review and approve the plan. The firm shall also include a Quality Assurance/Quality Control process for each deliverable.

2.4 Experience and Personnel

2.4.1 Key Personnel

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

A. Identify professional staff that will be assigned to this account, their availability to work on the account, their roles and responsibilities and their participation with any of the responsibilities.

B. Provide information on how you expect to assign the services listed in Section 2.3 to the firm’s personnel assigned to the Contract, and to the MBE firms if any, which will be providing services.

2.4.2 Personnel Experience

The following experience is expected and will be evaluated as part of the Technical Proposal (see the capability of proposed resources evaluation factors from Section 6.2):

A. Demonstrated knowledge of Real Property and Infrastructure Property Insurance Appraisal Services through verification of references.

B. Prior senior level experience providing Insurance Appraisal for Real Property and Infrastructure Property Services for a minimum of 10 years.

C. Confirmation that the Offeror has and will maintain all necessary permits and licenses required by local, State, and Federal laws.

2.4.3 Number of Personnel to Propose

As part of the Proposal evaluation, Offerors shall propose at least two (2) personnel who are expected to be available as of the start date specified in the Notice to Proceed (NTP Date). Offerors shall describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the State. Offerors may generally describe planned positions in a Staffing Plan. Such planned positions may not be used as evidence of fulfilling personnel minimum qualifications.

2.5 Labor Categories

2.5.1 Contractor Personnel Experience Equivalency (including Key Personnel submitted in response to this RFP)

A. A Substitution of Education for Experience: Bachelor’s Degree or higher may be substituted for the general and specialized experience for those labor categories requiring a High School Diploma. A Master’s Degree may be substituted for two years of the general and specialized experience for those labor categories requiring a Bachelor’s Degree.

Substitution shall be reviewed and approved by the State at its discretion.

B. Substitution of Experience for Education: Substitution of experience for education may be permitted at the discretion of the State.

C. Substitution of Professional Certificates for Experience: Professional certification (e.g., Microsoft Certified Solutions Expert, SQL Certified Database Administrator) may be substituted for up to two (2) years for general and specialized experience at the discretion of the State.

2.5.2 Contractor Personnel Maintain Certifications

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

2.5.3 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 All normal working days shall be supported by the Contractor for the duration of the Contract (see definition in Appendix 1).

B. Contractor Personnel may also be required to provide occasional support outside of normal State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies, 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.

D. Minimum and Maximum Hours: Full-time Contractor Personnel shall work 40 hours per week with starting and ending times as approved by the Contract Monitor. A flexible work schedule may be used with Contract Monitor approval, including time to support any efforts outside core business hours. Contractor personnel may also be requested to restrict the number of hours Contractor personnel can work within a given period of time that may result in less than an eight-hour day or less than a 40-hour work week.

2.6 Substitution of Personnel

2.6.1 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.

2.6.2 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution.

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.

2.6.3 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, State policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in Section 2.6.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s).

The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

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

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

5. If the Contract Monitor determines to direct substitution under Section 2.6, 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 Section 2.6, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement To replace any Key Personnel in a circumstance other than as described in Section 2.6, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.6 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

C. Key Personnel Replacement Due to Sudden Vacancy

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 2.6.

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 2.6 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.

D. 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 2.6.

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.

2.6.4 Substitution Prior to and Within 30 Days After Contract Execution

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

2.7 Supplemental Category of Work Requirements and Responsibilities This Professional Services Supplemental contains additional requirements under Section 2 of the solicitation.

2.7.1 Security Requirements

Security Clearance / Criminal Background Check

Professional Advisors may be subject to a background check

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

Contractor Is Responsible for Background Checks.

A criminal background check for each Key Personnel providing Investment advice or administrative support for Investment Advisor Services shall be completed prior to providing any services under the Contract.

A. Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony may not be permitted to work on the Contract.

2.7.2 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

2.7.3 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 Procurement Officer prior to substitution. If the Contractor substitutes personnel without the prior written approval of the Procurement Officer, 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.

2.7.4 Location of the Performance of Services Disclosure

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

2.7.5 HIPAA - Business Associate Agreement

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

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer will schedule a kickoff meeting for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor. Such transition efforts shall consist, not by way of limitation, of:

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

B. Maintain the services called for by the Contract at the required level of proficiency

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.3 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 fails to satisfy the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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 RFP.

3.3.2 Deliverable Invoicing

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf).

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

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE Liquidated Damages are identified in Exhibit 2 – Sample Contract.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

3.5 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.

3.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, 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 Offeror 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:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX 10Form20150615.pdf.

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf

3.8 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.

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.10 Conflict of Interest Affidavit and Disclosure

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

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 under 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: Offerors 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 Offeror submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.11.2 Non-Disclosure Agreement (Contractor)

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 Proposal.

3.12 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/.

3.13 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.

3.14 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:

3.14.1 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 - Ten million dollars ($10,000,000) per combined single limit per claim and ten million dollars ($10,000,000) annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee.”

D. Cyber Security / Data Breach Insurance – Five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) annual aggregate. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants, constituents and employees is processed or stored.

E. Worker’s Compensation – The Contractor shall maintain such insurance as 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 – The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired and non-owned vehicles) with no less than $1,000,000 combined single limit for bodily injury and property damage.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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

3.14.3 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 45 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.

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

3.14.5 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.

3.14.6 Subcontractor Insurance

The Contractor shall require any 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.

3.15 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in the staffing requirements of Section 2.4 Experience and Personnel working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Offeror agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. To evidence compliance with this non-compete clause prohibition, each Offeror must include an affirmative statement in its technical Proposal that the Offeror, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal Conference (Conference) summary and attendance sheet, Offerors’ 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., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Proposal 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 Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of an offeror’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the RFP requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

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.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

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 RFP, must be submitted in writing via e-mail to kchewlin@treasurer.state.md.us (Procurement Officer) no later than the date and time specified in the Key Information Summary Sheet. PLEASE IDENTIFY THE PARTICULAR RFP SECTION AND RFP PAGE NUMBER IN THE QUESTION (if applicable). The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal 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 RFP 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 Proposal Due (Closing) Date and Time

Proposals must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after that date will not be considered. Requests for extension of this date or time shall not be granted.

For Proposals accepted via email, the time stamp to indicate receipt of the Proposal by the State, is the posted date and time in the Procurement Officer’s email inbox.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in…