FY25-_OHRM-_Medical_Plans__Pharmacy_Benefit_Management__and_Vision_Services_RFP__Final_Version_.pdf

CONTRACT ADMINISTRATION &

PROCUREMENT DIVISION

REQUEST FOR PROPOSALS

SOLICITATION NO.WS1381744989

Issue Date: December 11, 2024

Medical Plans, Pharmacy Benefit Management, and Vision Services

NOTICE

A Prospective Bidder that has downloaded this solicitation from the SPEED eProcurement Platform https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 and e-Maryland Marketplace Advantage https://emma.maryland.gov/ will receive emailed notices of addenda with changes or additional materials related to this Solicitation.

https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 https://emma.maryland.gov/

PRINCE GEORGE’S COUNTY

Solicitation Feedback Form

In order to help us improve the quality of County solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).

Title: Medical Plans, Pharmacy Benefit Management, and Vision Services

Solicitation No: WS1381744989

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of this solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with Prince George’s County is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE or County-Based Small Business requirements. (Explain in REMARKS section.)

( ) Prior Prince George’s County contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:

2. REMARKS section below. (Attach additional pages as needed)

REMARKS:

Supplier Name: Date:

Contact Person: Phone: ( )

Address:

E-mail Address:

PRINCE GEORGE’S COUNTY

OFFICE OF PROCUREMENT

SOLICITATION KEY INFORMATION SUMMARY SHEET

Solicitation Name: Medical Plans, Pharmacy Benefit Management, and Vision Services

Solicitation Number: WS1381744989

Solicitation Issue Date: December 11, 2024

Closing Date and Time: January 24, 2025 at 2:00 p.m.

Procurement Officer: Christian Sutton Office of Procurement 1400 McCormick Drive, Suite200 Largo, Maryland 20774 Phone: (301) 883-6696

Proposals must be submitted to SPEED: For assistance with registering for SPEED, please visit SPEED eProcurement Platform https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 To access a listing of FAQ, please visit the Prince George’s County Business Highway https://pgcbusinesshighway.com/

Pre-Proposal Conference: December 16, 2024 at 10:00 a.m. local time The Pre-Proposal Conference for this RFP will be held via Microsoft Teams.

Please use the following link to access the meeting:

Prince George's County OOP is inviting you to a scheduled Microsoft Teams meeting.

Join the meeting now Meeting ID: 274 230 643 454

Passcode: 24ea7tm2

Dial in by phone +1 240-673-1195,,203182802# Find a local number Phone conference ID: 203 182 802#

Submission of Questions: All questions must be submitted through SPEED.

Questions Due By: December 20, 2024 at 2:00 p.m.

Bid Bond Required: N/A https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 https://pgcbusinesshighway.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjljNzAwZmItNTk5Yy00Y2Y5LThlYzUtODRkZTdlY2ZhNDQ5%40thread.v2/0?context=%7b%22Tid%22%3a%224146bdda-ddc1-4d2a-a1b2-1a64cc3c837b%22%2c%22Oid%22%3a%22c031625c-3ee5-4d0d-93f2-25e0c5dbe34d%22%7d tel:+12406731195,,203182802 https://dialin.teams.microsoft.com/e351e834-a65e-4609-88f8-e65d132575a7?id=203182802

SECTION 1 - GENERAL INFORMATION

1.1.1 The Prince George’s County Office of Procurement (OOP) is issuing this Request for Proposals (RFP) to establish one or more contract(s) with one or more Contractor(s), to provide Medical Plan Administration (Self-insured PPO and HMO, and Fully Insured Staff Model HMO); Pharmacy Benefit Management Services; and Self-insured Vision Plan Services for Prince George’s County (PGC) Government employees, retirees their qualified dependents, and COBRA recipients as outlined in Section 3.2 Scope of Work Requirements, for a three (3) year period beginning July 1, 2025 through June 30, 2028, with the option of up to two (2) additional one year option periods.

This solicitation outlines the requirements that must be met for proposers to be considered.

1.1.1.1 The County currently covers eligible plan participants as follows:

a. Medical: through a self-insured Preferred Provider Option plan administered by Cigna; a self-insured Health

Maintenance Organization (HMO) plan administered by Cigna; or a fully-insured Staff Model HMO plan administered by Kaiser Permanente of the Mid Atlantic.

b. Pharmacy: through a single self-insured vendor (Express Scripts) for all plan participants, including those enrolled in the fully insured Staff Model HMO. Medicare eligible retirees and their Medicare eligible dependents are covered under an Employer Group Waiver Plan (EGWP), also administered by Express Scripts.

c. Vision: through a single self-insured vendor administered by Vision Services Plan (VSP) for all eligible plan participants.

1.1.2 The County may award one or more contracts, up to five (5) contracts, to the responsive, responsible Offeror(s) offering the Best Value to the County as defined in County Code Section 10A-101(a) ( 2.1) and the evaluation criteria of this RFP. In determining responsibility, in addition to price, the qualifications listed in Paragraph 23

(a) thru (j) of the General Conditions and Instructions to Bidder/Offeror (s), will be considered by the Purchasing Agent. (Please refer to Attachment Y).

1.1.3 Offeror, either directly or through its subcontractor(s), must be able to provide the proposed services and meet all of the requirements of this solicitation and the successful Offeror(s) (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. Contractor(s) must provide all labor, materials, and equipment needed for all work to be performed. The County Representative upon award will supply the necessary maps and locations where service is required. This Contractor will be required to perform under the direction and inspection of an assigned County Representative in the Office of Human Resources Management (OHRM).

1.1.4 Unless otherwise indicated in the Contract, invoices shall be submitted to the County within thirty (30) days of satisfactory completion of services for review, approval, and payment. Pursuant to provisions of Section 10A- 153 of the County Code, the County shall pay interest in the event that payment against “proper” invoices is not made as prescribed in accordance with said section.

1.1.5 A Virtual Pre-Proposal Conference will be held on, December 16, 2024 via Microsoft Teams at 10:00 a.m.

The link for accessing the meeting is:

Join the meeting now

Meeting ID: 274 230 643 454 Passcode: 24ea7tm2

1.1 Summary Statement

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjljNzAwZmItNTk5Yy00Y2Y5LThlYzUtODRkZTdlY2ZhNDQ5%40thread.v2/0?context=%7b%22Tid%22%3a%224146bdda-ddc1-4d2a-a1b2-1a64cc3c837b%22%2c%22Oid%22%3a%22c031625c-3ee5-4d0d-93f2-25e0c5dbe34d%22%7d

Dial in by phone +1 240-673-1195,,203182802# United States, Bethesda Find a local number

Phone conference ID: 203 182 802#

Please register in advance. The purpose of the Pre-Proposal Conference is to allow potential Offerors an opportunity to present questions and obtain clarification related to any facet of this solicitation. While participation in the pre-proposal conference is not mandatory, information presented may be very informative; therefore, all potential Offerors are encouraged to attend this conference in order to enhance their understanding of the County’s requirements and to be able to better prepare acceptable proposal responses.

1.1.6 The Procurement Officer and contact person for this solicitation is:

Christian Sutton, Procurement Officer Prince George’s County Maryland

Office of Procurement 1400 McCormick Drive, Suite 200

Phone Number: (301) 883-6696 tel:+12406731195,,203182802 https://dialin.teams.microsoft.com/e351e834-a65e-4609-88f8-e65d132575a7?id=203182802

For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:

a. Proposal – A statement of price offered by an Offeror in response to an RFP.

b. Offeror – An entity that submits a proposal in response to this RFP.

c. Proposal Price - The Offeror’s price for services and/or goods in response to this solicitation, which shall be included in the Cost Proposal and will be used in determining the recommended awardee.

d. Business Day(s) – The official working days of the week include Monday through Friday, except County Holidays and days the County is closed due to weather or other emergency event. Official working days exclude County Holidays. Normal County business hours are 8:30 a.m. – 5:00 p.m. The Contractor will not be permitted to do any work that requires the presence of the County’s inspection or supervisory forces on days which are County Holidays or on Saturdays or Sundays unless such work has been previously authorized by the County Representative.

Below is a list of County Holidays:

New Year’s Day Labor Day Martin Luther King’s Birthday Native American Day Inauguration Day Veterans Day President’s Day Thanksgiving Day Memorial Day Employee Appreciation Day (Day after Thanksgiving) Juneteenth Day Christmas Day Independence Day

e. Certified Business Entity – See Attachment V for all Certified Business Entity Definitions.

f. Contract Commencement - The date the Contract is signed by the authorized Contractor and the County representative or such other date as set forth in the Contract.

g. Contractor – The selected Offeror(s) that is/are awarded a Contract by the County.

h. County – Prince George's County, Maryland, a body corporate and politic.

i. eMMA – eMaryland Marketplace Advantage is the electronic commence system managed by the State of Maryland.

j. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

k. Notice of Intent to Award– A written notice from the Procurement Officer that the County intends to award a contract to the recipient of the notice, subject to the receipt of requested items stated in this solicitation documents.

l. OOP– The Prince George’s County, Maryland Office of Procurement.

m. Pre-Proposal Conference– A meeting to discuss objectives and answer questions related to this RFP in order to enhance prospective Offerors’ understanding of the County’s requirements and to facilitate better preparation of their Bids.

n. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the County for purposes of this solicitation.

o. Purchasing Agent – The Director of the Office of Procurement or his/her designee.

1.2 Abbreviations and Definitions

p. SPEED – The acronym formed by abbreviating the following: S – Strategic, P – Purchasing &, E - Efficient, E – Evaluation, D – Domain. SPEED is the County’s eProcurement platform that offers online strategic sourcing and contracting capabilities to enhance the procurement process.

q. Term Contract – The executed agreement awarded to the successful Offeror(s) pursuant to this RFP. The agreement(s) will be in the form of a Term Contract that the Contractor(s) will receive upon approval.

1.3.1 The Contract resulting from this solicitation shall retain fixed unit rates for the initial base period. The prices may be adjusted upon the exercise of an option period, in accordance with the percentage difference in the Consumer Price Index for the Washington Metropolitan Area (CPI-U) using the October Base Index for the ensuing annual period.

All such increases must be requested within one hundred twenty (120) days prior to contract period expiration.

Any price adjustment will be at the sole option of the County.

1.4.1 The Start Date contained in a Notice to Proceed is anticipated to be on or about July 1, 2025. The Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Proposal.

1.4.2 The base period of this agreement is for three (3) year(s) and may be extended by mutual agreement of the parties for two (2) additional one (1) year optional periods. The County’s obligation on this Contract beyond the initial fiscal year shall be contingent upon appropriations for the following year.

1.4.3 If, at the time of any contemplated exercise of an option to extend the term of this Contract, the Contract is not in compliance with the County-Based Business participation requirements of this solicitation, the Contract shall not be extended.

1.4.4 All fixed unit rates shall remain firm for the contract base period. A price increase may be considered upon written request from the Contractor at least 120 calendar days prior to the beginning of any subsequent contract renewals. Price increases shall not, however, exceed the adjusted percentage (%) change in the Consumer Price Index for the Washington-Baltimore Area as published by the Bureau of Labor Statistics, using the December index as a base index for the ensuing contract period. Any price adjustment will be at the sole option of the County.

1.4.5 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

The sole point of contact in the County for purposes of this solicitation prior to the award of any Contract is the address listed below:

Christian Sutton, Procurement Officer Prince George’s County Maryland Office of Procurement 1400 McCormick Drive, Suite 200 Largo, Maryland 20774 Phone Number: (301) 883-6696

Submit all questions through the SPEED eProcurement Platform.

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer

Offerors, before submitting a proposal, shall become fully informed as to the extent and character of the work required and are expected to familiarize themselves completely with the requirements of the solicitation and specifications. Failure to do so will not relieve the Offeror of responsibility to fully perform in accordance therewith. No consideration will be granted for any alleged misunderstanding of the material to be furnished or work to be done, it being understood that the submission of a proposal is an agreement with all of the items and conditions referred to herein.

Contractor(s) may access the solicitation at the following websites:

1.7.1 Prince George’s County SPEED eProcurement Platform

https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496 591158

1.7.2 eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov/ Offerors are encouraged to register on SPEED and eMMA to obtain applicable solicitation documents and notifications.

1.8.1 Written questions from prospective Offerors will be accepted electronically prior to the Pre-Proposal Conference. If possible and appropriate, such questions will be answered at the Conference; however, responses are not binding. No substantive question will be answered prior to the Pre-Proposal Conference. Questions shall be submitted in SPEED eProcurement Platform http://discovery.ariba.com/profile/AN01496591158.

1.8.2 Questions, both oral and written, will also be accepted from prospective Offerors attending the Conference. However, oral responses are not binding.

1.8.3 Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer, through the above SPEED link, in a timely manner, no later than December 20, 2024 at 2:00 p.m. 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. Answers to all substantive questions will be distributed to all Contractors that are known to have received a copy of the RFP in sufficient time for the answer to be taken into consideration in the Proposal.

1.9.1 This Contract will be awarded in accordance with the competitive sealed proposal method under Section 10A-113 of the Prince George’s County Code. There will be no public opening for this RFP.

1.10.1 No hand-deliveries will be accepted. Proposal must submit electronically at SPEED eProcurement Platform http://discovery.ariba.com/profile/AN01496591158.

Requests for extension of this time or date will not be granted. Proposals received after the due date and time listed in this section will not be considered. Late Proposals will be returned to the Offeror unopened.

Proposals may be modified or withdrawn by written notice received to the Procurement Officer before the time and date set for the closing.

1.6 Notice to Offerors

1.7 Solicitation Availability

1.8 Questions (December 20, 2024 at 2:00 pm)

1.9 Procurement Method

1.10 Proposal Submission (January 24, 2025 at 2:00 p.m.)

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Proposals may not be submitted by mail, e-mail or facsimile.

1.11.1 Multiple and/or alternate Proposals will only be accepted as outlined in Section 3.1 of this RFP.

1.12.1 Upon receipt, each Proposal and any timely modification(s) to a Proposal shall be logged in and stored in a secure place until the time and date set for Proposal evaluation.

1.13.1 Offeror(s) must specifically identify those portions of their proposals, if any, which they deem to contain confidential, proprietary information or trade secrets and must provide justification why such material should not, upon request, be disclosed by the County in accordance with the Maryland Public Information Act, 4-201 et. seq., General Provisions Article of Maryland Annotated Code, County Charter Section 203, and County Administration Procedure 133.

Offerors must clearly indicate each and every page that is deemed to be confidential/ proprietary or a trade secret (it IS NOT sufficient to preface your proposal with a proprietary statement).

1.14.1 The contract(s) shall be awarded to the responsive and responsible Offeror, or Offerors in the case of multiple awards, that is determined to be technically acceptable offering the best value for the County. An Offeror’s technical acceptability will be based on the following criteria for this solicitation:

I. Medical Plan(s) A. Overall Technical Response Weight- minimum of 55 points and a maximum of 70 Points.

Technical Criteria

a. General Information about Firm, Firm Capabilities, Technology, Qualifications, Ability to Administer Plan Design (25 Points)

b. Network Access/Medical Network Management (25 Points)

c. Clinical and Quality Care Programs/Wellness Program Abilities (10 Points)

Disease Management and Clinical/Care Management

d. Member Services & Claims Administration (5 Points)

Including reporting, account management and implementation

e. Performance Guarantees (5 Points)

B. Overall Financial Responses Weight- 30 Points Maximum

II. Pharmacy Benefit Management

A. Overall Technical Response Weight- minimum of 55 points and a maximum of 70 Points.

Technical Criteria

a. Adherence to RFP Requirements (20 Points)

1. Adherence to plan design,

1.12 Receipt of Proposals

1.11 Multiple or Alternate Proposals

1.13 Confidentiality of Proposals

1.14 Award Basis

2. Adherence to RFP terms, requirements and definitions,

3. Support PGCG effort to comply with all applicable Federal, State, and Local laws and regulations,

4. Assistance to PGCG in monitoring and navigating pending legislative initiatives, state insurance regulations and reporting requirements.

b. Administration and Network Competencies – (25 Points)

1. Strong account team support

2. Member service excellence to support PGCG plan participants

3. Offer a broad retail pharmacy network that provides optimal geographic access to plan members

4. Offers comprehensive mail/home delivery options

5. Comprehensive, online management and reporting capabilities

6. Performance guarantees that are monitored and reported on an ongoing basis

7. Trend management support

8. Comprehensive implementation support

9. Website/portal Capabilities

c. Managing Drug Mix – (20 Points)

1. Superior Clinical support for PGCG and plan participants

2. Industry-leading Mail Order and/90-day retail pharmacy option

3. Industry leading Specialty Pharmacy solution(s)

4. Innovative and new marketplace programs to manage plan spend

d. Performance Guarantees – (5 Points)

B. Overall Financial Response Weight- 30 Points maximum

a. Projected plan costs and guarantees.

b. Strength of discount and/or trend guarantee(s) and corresponding fees at risk.

c. Amount of credits/allowances available to use towards Innovation, including, but not limited to: Implementation, Communications, Benefit Platform Support, Wellness initiatives and Audits.

III. Vision Benefit Plan

A. Overall Technical Response Weight - minimum of 55 points and a maximum of 70 Points

Technical Criteria

a. Network Access/ Vision Network Management – 20 Points

b. Organizational Capabilities, Technology, Qualifications of Offeror, Ability to Administer Current Plan Design, Reporting and Legal/Contractual/Compliance - 20 Points

c. Member Services and Claims Administration (includes Customer Service, Account Management, and Implementation - 15 Points

d. Clinical & Quality Care Programs/Health Improvement Services – 10 Points

e. Performance Guarantees/Standards – 5 Points

B. Overall Financial Response Weight Points 30 Points

1.15.1 Tie Bids will be decided pursuant to Prince George’s County Code Section 10A-145.

1.16.1 Proposals submitted in response to this RFP are irrevocable for 180 days following the closing date of the Proposals.

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

1.17.1 If it becomes necessary to revise this RFP before the Proposal due date, the County will attempt to notify prospective Offerors of an addendum if they are listed by the County as receiving a copy of this RFP from either SPEED or the eMMA (EMaryland Marketplace Advantage) website. However, it remains the responsibility of all prospective Offerors to check all applicable websites for addenda issued prior to the submission of Proposals. Acknowledgement of receipt of all addenda to this RFP issued before the Proposal due date shall accompany the Proposal. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be rejected as being non-responsive to the requirements of the RFP.

1.18.1 The County reserves the right to cancel this RFP, or accept or reject any and all Proposals, in whole or in part, received in response to this RFP.

1.19.1 The County reserves the right to conduct individual interviews with finalists and to request best and final offers from any or all finalists. Those Offerors may be required to provide oral presentations to discuss their proposed management techniques, answer questions from the County’s Proposal Analysis Group, and/or clarify their technical submittal.

1.20.1 The County will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal or in performing any other activities related to submitting a Proposal in response to this solicitation.

All disputes, protest or claims related to this solicitation, or the resulting contract, shall be governed by Prince George’s County Procurement Code Section 10A-107 and the County Procurement Regulations.

1.22.1 The selected Offeror shall be responsible for rendering services for which it has been selected as required by this

RFP.

1 . 2 3 . 1 A l l subcontractors shall be identified and a complete description of their role relative to the Proposal shall be included in the Offeror’s Proposal. Subcontractors utilized in meeting the established CBSB and/or MBE participation requirements for this solicitation shall be identified in the appropriate Attachment E (Parts 1, 2, 3 and 4) of this RFP requirement. If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if

1.20 Incurred Expenses

1.23 Substitution of Key Personnel

1.15 Tie Bids

1.16 Duration of Proposal

1.17 Revisions to the RFP

1.18 Cancellations

1.19 Oral Presentations

1.21 Protest/Disputes

1.22 Offeror Responsibilities

any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary.

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

1.24.1 Offerors may elect to take minor exceptions to requirements of the RFP. Any exceptions will be evaluated based on the intent of the Contract. Exceptions may be considered only if they are submitted with the technical proposal submittal.

1.25.1 A Proposal submitted by an Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment A of this RFP.

1.26.1 By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

1.26.2 By submitting a response to this solicitation, each Offeror represents that it is in compliance with applicable tax filings and licensing requirements of the Prince George’s County Government; and, if a corporation conducting business in Prince George’s County or the State of Maryland, must be registered in “Good Standing” with the State of Maryland Department of Assessment and Taxation. The successful Offeror shall truthfully execute the Offeror Affidavit, Corporation Registration and Tax payment and submit this form, together with a copy of its Certificate of Good Standing, as applicable, within seven (7) calendar days of the County’s Notice of Intent to Award.

1.27.1 The successful Offeror shall, within seven (7) calendar days of Notice of Intent to Award, submit to the County a completed Internal Revenue Service (IRS) Form SS-4, Request for Taxpayer Identification Number and Certification.

Contract award shall not be made without timely submission of the completed IRS Form SS-4. The Form SS-4 and instructions are available to Contractors by accessing the IRS website at www.irs.gov or by calling 1-800-829-4933.

1.27.2 All payees engaged in trade or business with the County are required to have on file with the County a current and correct IRS Form SS-4. This applies to individuals, sole proprietorships, partnerships, corporations, and other legal entities such as nonprofits and governmental units who may otherwise be exempt from filing a tax return. A foreign entity shall obtain and submit the appropriate IRS Form SS-4. To assure accurate maintenance of your firm’s status, submission of the SS-4 is required for each contract or purchase order executed by and between the County and its Contractors. If the term of the Contract exceeds one year, the County may request periodic resubmission of the SS-4. If the Contractor fails to submit the form by the deadline stated in the resubmission request, the County may refuse to pay invoices until the form has been submitted.

1.27.3 The successful Offeror must be current and in compliance with applicable tax filings and licensing requirements of the Prince George’s County Government; and, if a corporation conducting business in Prince George’s County or the State of Maryland, must be registered and in “Good Standing” with the Maryland State Department of Assessment and Taxation.

The successful Offeror shall truthfully execute (Attachment A) Offeror Affidavit and submit this form, together with a copy

1.27 Taxpayer Identification Number and Certification

1.24 Mandatory Contractual Terms

1.25 Offeror/Proposal Affidavit

1.26 Compliance with Laws/Arrearages

http://www.irs.gov/ of its Certificate of Good Standing, as applicable, within seven days of the County’s Notice of Intent to Award.

1.28.1 Pursuant to Section 10A-123(b) of the County Code, the County shall be entitled to audit the books and records of a Contractor or any subcontractor or under any contract or subcontract. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.

1.29.1 Pursuant to County Code Section 10A-153(k)(3), the County Director of Finance requires the Contractor to enroll in Automated Clearing House (ACH) or a similar electronic payment system with the County. Payments can be posted directly to the business bank account. The County’s Accounts Payable Section will e-mail a separate advice to detail the paid invoice(s) information and to confirm the transmission date so that the business enterprise can update financial records.

The County reserves the right to reverse - without prior notice - any erroneous transmissions.

1.30.1 This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to Section 10A-153 of the County Code, which states the County shall pay interest in the event that payment against “proper” invoices is not made as prescribed in accordance with said County Code section. Additional information regarding this provision can be found on the County Website at (http://lis.princegeorgescountymd.gov)

1.31.1 The work performed pursuant to this solicitation shall be under the general direction of the Contractor, but subject to inspection by the County’s authorized representative who may require the Contractor to correct defective workmanship without cost to the County.

1.32.1 This solicitation is subject to the County’s Wage Requirements law for service contracts. Information pertaining to the Wage Requirements law is attached. The “Wage Requirements for service contracts (Attachment J) and, if applicable, the “501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form” (Attachment K) that are included with this solicitation must be completed and submitted with your Proposal response. Failure to complete and submit the required certification and pricing material on the form(s) will render your Proposal unacceptable under County law and the Proposal will be rejected for non-responsiveness.

NOTE: The Wage Requirements for service contracts may change during the Contract period. The Contract price shall not adjust due to Wage increase or decrease.

1.33.1 It is agreed that the Contractor shall be responsible for any loss, personal injury, deaths, and/or damages that may have occurred or suffered by any persons solely by reasons of the Contractor’s negligence or failure to perform any of the obligations that this Contract obligates them to perform and the Contractor hereby agrees to indemnify and hold the County harmless from any loss, cost damages, and other expenses suffered or incurred by the County by reason of the Contractor’s negligence or failure to perform any of the said obligations. The Contractor shall take proper safety and health precautions to protect their work, their employees, the public, and the property of others from any damages or injury resulting solely from the performance of their work.

The performance of work under the Contract may be terminated by the County within thirty (30) days of written notice, or such time as mutually agreeable to the parties, in accordance with this clause in whole, or from time-to-time in part,

1.28 Audits and Compliance

1.29 Payments by Electronic Funds Disbursement

1.30 Prompt Payment Policy

1.31 Materials and Workmanship

1.32 Wage Requirements for County Service Contracts

1.33 County Held Harmless

1.34 Termination for Convenience

http://lis.princegeorgescountymd.gov/ whenever the Purchasing Agent shall determine that such termination is in the best interest of the County. The County will pay the Contractor all compensation earned up to the date of termination. However, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination and shall not be paid any damages arising from such termination.

1.35.1 If the Contractor fails to fulfill its obligations under the Contract properly and on time or otherwise violates any provision of the Contract, the County may terminate the Contract by written notice to the Contractor. The written notice shall specify the acts or omissions relied on as cause for termination. All furnished services provided by the Contractor shall, at the County’s option, become the County’s property. The County will pay the Contractor all compensation earned up to the date of termination, less the amount of damages caused by the Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the County can affirmatively collect damages or deduct monies due the Contractor on this or other County contracts. Damages may include excess re- procurement costs.

1.36.1 All covenants and agreements herein contained shall extend to and be obligatory on the successor and assignees of the Contractor, but the Contractor shall not assign the Contract or any payment to become due thereunder except with the prior consent of the Purchasing Agent. The County may terminate the Contract if the assignment is done without the Purchasing Agent’s approval.

1.37.1 The Contractor represents it has in its employment or shall secure, at its own expense, all personnel required to perform the services under this RFP. Such personnel shall not be the employees of, nor have any contractual relationship with the County. All services required hereunder shall be performed by the Contractor utilizing his/her own equipment or County approved equipment. All personnel engaged in the work shall be fully qualified, authorized, and licensed under the Federal, State and local laws to perform such services.

1.37.2 In addition, each Offeror shall supply a list of equipment (Attachment I) which it owns or intends to lease in the performance of the tasks under this solicitation. Failure to supply this information as requested may result in a rejection of the Proposal.

1.35 Termination for Default

1.36 Assignment

1.37 Personnel and Equipment

1.38.1 Any person undertaking a part of the work under the terms of the Contract, by virtue of any agreement with the Contractor, must receive approval of the Purchasing Agent prior to any such undertaking. In the event an Offeror desires to subcontract some part of the work specified herein, the Offeror shall furnish with their proposal, the names, qualifications, and experience of their proposed subcontractors. The maximum percentage of work that may be performed by a subcontractor(s) is 49%. Subcontractors shall conform, in all respects, to the provision specified for the Offeror. The Offeror shall, however, remain fully liable and responsible for the work done by its subcontractors. The County may terminate the Contract if the subcontracting is done without the prior approval of the Purchasing Agent.

1.38.2 The Contractor shall pay each of its subcontractors (including a material supplier) for satisfactory performance under the respective subcontract within seven (7) calendar days after receipt of such amounts that are paid to the Contractor by the County for such work performed under the Contract. In the event that there is a good faith dispute over all or any portion of the amount due on a payment from a Contractor to a subcontractor, the Contractor may withhold the disputed amount but shall pay the undisputed amount. A subcontractor who further subcontracts work on procurement projects is responsible for the same requirements and interest penalties for payment to its subcontractors (lower tier subcontractors) after receiving payment as applicable to the Contractor.

1.38.3 Any contractor who violates the payment obligations set forth herein shall pay to the subcontractor a penalty of one and a half percent (1.5%) of the amount due per month for every month (or such other percentage as identified in County Code Section 10A-153) to the subcontractor owed payment or portion thereof that payment is not made. Interest penalties shall accrue daily beginning eight (8) calendar days after payment is received by the Contractor (or higher tier subcontractor) and ending on, but excluding, the payment date, using the rate established in this paragraph calculated on a monthly (30-day) basis. This requirement is enforceable in the Circuit Court of Prince George's County, and is not intended to create a private right of action against the County. Willful violations of this requirement may also result in a Contractor being suspended or debarred.

1.38.4 The Contractor shall include in each of its subcontracts: (A) a payment clause which obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract within seven calendar (7) days out of such amounts as are paid to the Contractor by the County for such work performed under such contract; (B) an interest penalty clause which obligates the Contractor to pay to the subcontractor in the case of each payment not made in accordance with the payment clause included in the subcontract (i) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) computed at a rate of one and a half percent (1.5%) of the amount due per month for every month (or such other percentage as identified in County Code Section 10A-153); and (C) a clause in its subcontracts requiring the subcontractor to (i) include a payment clause and an interest penalty of one and a half percent (1.5%) (or such other percentage as identified in County Code Section 10A-153) of the amount due per month for every month in each of its subcontracts, and (ii) requiring each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. Contractors are required to submit with their bid/price proposal executed copies of the Supplier Utilization Plan (Attachment E).

1.39.1 The parties may, from time to time, propose changes in the Scope of Work to be performed by the Contractor.

Material Scope of Work changes, report requirement changes, and budget revisions that increase or decrease the Contract’s total compensation will be mutually agreed upon, in writing, by and between the County through OOP and the Contractor before they are considered Contract changes.

1.40.1 After an interruption caused by severe inclement weather or other disaster, the Contractor must be prepared to complete the work without unnecessary delays.

1.38 Subcontracting

1.39 Contract Changes in the Interest of the County

1.40 Interrupted Service

1.41.1 Contractor shall take all necessary precautions for the safety of employees on the work and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen and public.

1.42.1 The County’s inspection and acceptance of contractual compliance will be accomplished by a representative from the County or designee. The name and contact information for this individual will be furnished by the County to the Contractor, in writing, prior to the commencement of the Contract period.

1.43.1 All work performed shall be of high quality in accordance with good practices, procedures, and industry standards.

The Contractor must conform to all Federal, State, and Local laws and governmental regulations.

1.43.2 Should any damage to the County’s property, public or private, or property adjacent to the County’s property, be caused by the Contractor; the Contractor will be required to make repair(s). If the Contractor does not make repair(s) within a reasonable time, the County may make repairs or replacements of damaged property and deduct the cost from monies due the Contractor.

1.43.2 Work can be temporarily stopped in the field by the County representative or their designee because of inclement weather, lack of materials, safety violations or performance not in accordance with the Contract or other unforeseen circumstances that pose a hazard to the public, workers or the project.

1.43.3 The Contractor shall not use any materials or chemicals that may pose a physical or health hazard without receiving prior written approval from the County. Along with the written request for approval, the Contractor shall submit the manufacturer’s specifications, a “Materials Safety Data Sheet” and any required Environmental Protection Agency (EPA) information on usage and handling.

1.44.1 The Contractor shall, during the course of performance under the proposed contract, comply with Part 1910 of Title 29 of the Code of Federal Regulations (OSHA). This regulation deals with occupational exposures to bloodborne pathogens and other potentially infectious materials. During the performance of the Contract, the Contractor is expected to be alert to any potentially high risk of exposure opportunities and take all mandated precautionary measures contained in the regulation, including making available to all employees who have occupational exposure, Hepatitis B vaccine and vaccination series and post exposure follow-up following exposure incidents.

The County’s responsibilities under this Contract are as follows:

1.45.1 To assist the Contractor in obtaining the necessary permission to enter upon any public and private lands required for the Contractor to perform the work described herein, provided the Contractor has exhausted all reasonable efforts to obtain such permission and releases from the appropriate property owner(s) involved.

1.45.2 To provide Contractor with timely and accurate enrollment and disenrollment information in a mutually agreed upon format.

1.41 Safety Measures

1.42 Inspection and Acceptance

1.43 Performance

1.44 OSHA Regulations, Bloodborne Pathogens

1.45 County Responsibilities

Pursuant to provisions of Sections 10A-104 and 10A-107, of the County Code, the Purchasing Agent shall designate a “Contract Administrator” for all contracts with certain responsibilities incidental to the resolution of contract claims and disputes.

1.47.1 The County’s estimated annual expenditure for the requirement represents the County’s best estimate, but the County assumes no liability in the event actual requirements do not materialize in the amounts estimated. Purchase orders may be issued from time-to-time during the term of the Contract or any extension thereof, if and when a need arises.

1.48.1 The Contractor shall take all necessary precautions during the period of service to protect existing County facilities from damage by workmen and shall repair or replace, at their own expense, any damages caused by its employees or subcontractors within thirty (30) days of such damage.

RESERVED

1.51.1 The Contractor shall, at all times, keep the owner’s premises clean of rubbish and upon completion of the work shall remove all tools, equipment, surplus materials, and leave the premise clean and ready for use daily.

1.52.1 No section or portion of this Contract shall be construed or interpreted to preclude the County from accomplishing any task or undertaking of any operation or project utilizing its own work force.

1.53.1 The County reserves the right to accept or reject any/oral Proposals, in whole or in part, received as a result of this solicitation and to waive minor irregularities.

1.54.1 Under authority of the County Executive, Prince George’s County-Based Small Businesses are encouraged to participate in the County’s procurement process. The Prince George’s County Government is committed to promoting economic development, expanding business opportunities, and providing assistance to businesses interested in locating their principal office or base of operations in Prince George’s County. A program for business assistance is available through the Prince George's County Economic Development Corporation. Information on the County’s contracting process and procurement opportunities may be obtained through OOP.

1.55.1 Prince George’s County is committed to procuring quality goods and services in a timely manner and reasonable cost that supports the County in meeting its sustainability goals. The County aims to improve work health, conserve natural resources, and

1.47 Quantity Estimates

1.46 Contract Dispute Resolution

1.48 Protection of Existing Facilities

1.49 Bid Bonds

1.50 Performance Bond

1.51 Cleaning

1.52 Allowance of In-House Work

1.53 Bid/Proposal Acceptance

1.54 Economic Development

prevent pollution through this activity. Environmental components to be considered include: recycled content and recyclability, energy efficiency, and the presence of undesirable materials in products, especially toxic chemicals, which are persistent and bio-accumulative. Environmental requirements related to sustainability and environmentally preferred purchasing goals will be embedded in County solicitations, where applicable, to services and goods being solicited for the County.

Prince George’s County Government is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal for access for persons with disabilities in employment, public accommodation, transportation, and all County programs, activities and services. County government Contractors, subcontractors, Contractors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this Contract acknowledges your commitment and compliance with ADA.

Prince George’s County Government is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request. Offerors requesting special accommodations should call the ADA Compliance Manager at (301) 265-8450/ Maryland Relay - 711.

1.58.1 Offerors and Contractor must not make or offer to make a gift to a public employee as public employees are prohibited from accepting gifts under the Code of Ethics, Prince George’s County Code Section 2-293(d).

1.59.1 A kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a Contractor, a Contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.

1.59.2 A person must not:

a) Provide, attempt to provide, or offer to provide a kickback;

b) Solicit, accept, or attempt to accept a kickback;

c) Include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the

Contractor, or by the prime Contractor in the price charged by the prime Contractor, to the County; or

d) Claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.

1.60.1 Unless otherwise stipulated by the Offeror, the Offeror agrees when submitting their Proposal that they will make available to all County agencies and departments, bi-County agencies, in-County municipalities, the resulting Contract in accordance with its terms and conditions, should any said department or agency wish to buy under this solicitation.

1.56 Clean Renewable Energy

1.57 Americans with Disabilities Act Requirements

1.58 Gifts

1.59 Kickback

1.60 Provision for Other Agencies

1.61.1 Prince George’s County Government is committed to providing a work environment that is free from discrimination, insults intimidation, and other forms for harassment. The County prohibits sexual harassment.

Sexual harassment may cause others unjustifiable offense, anxiety, and injury.