G-010-210-110_RFP.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

REQUEST FOR PROPOSALS (RFP)

BILL BURTON STATE PARK FISHING PIER DESIGN AND

DEMOLITION

RFP NUMBER: G-010-210-110

ISSUE DATE: OCTOBER 29, 2024

NOTICE

PROPOSALS FOR THIS SOLICITATION WILL ONLY BE

RECEIVED THROUGH EMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE ACCEPTED.

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Bill Burton State Park Fishing Pier Design and Demolition Solicitation #: G-010-210-110 RFP Document

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VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please 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 Key Information Summary Sheet below for contact information).

Title: Bill Burton State Park Fishing Pier Design and Demolition Solicitation No: G-010-210-110

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 the 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 the State is simply too complicated. (Explain in REMARKS section)

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

� Time allotted for completion of the Proposal is insufficient

� Start-up time is insufficient

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

� Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

KEY INFORMATION SUMMARY SHEET

Request for Proposals A/E - Bill Burton State Park Fishing Pier Design and Demolition

Solicitation Number: G-010-210-110

RFP Issue Date: 10/29/2024

RFP Issuing Office: Maryland Department of General Services (DGS or the Department)

Project Manager: Akrem Awad 301 W. Preston Street Baltimore, MD 21201

Procurement Officer: Julissa Marcano 301 W. Preston Street Room: M-7 Baltimore, MD 21201 e-mail:

Office Phone:

Julissa.Marcano@maryland.gov 410-767-0017

Proposals are to be sent to: PROPOSALS FOR THIS SOLICITATION WILL ONLY BE RECEIVED THROUGH eMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE

ACCEPTED.

Pre-Proposal Conference: November 12, 2024 @ 12:00 PM Local Time 600 Radiance Dr Cambridge, MD 21613

Questions Due Date and Time November 15, 2024, by 4:00 PM Local Time

Proposal Due (Closing) Date and Time:

December 3, 2024, by 3:00 PM Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 20%

VSBE Subcontracting Goal: 5%

Contract Type: Firm Fixed Prices

Contract Duration: 24 months Design/Construction Documents; 4 months Bidding 24 months Construction; 24 months limited participation (Warranty). For a total of 76 Months

Project Location: Talbot & Dorchester Counties

SBR Designation: N/A

Federal Funding: N/A mailto:Richard.gilmore@maryland.gov

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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 Project Information

2.4 Project Justification

2.5 Project Scope

2.6 Appendix and Attachments

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition - Reserved

3.3 Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Experience and Personnel

3.10 Substitution of Personnel

3.11 Minority Business Enterprise (MBE) Reports

3.12 Veteran Small Business Enterprise (VSBE) Reports

3.13 Work Orders

3.14 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 Letter of Interest

4.3 eMaryland Marketplace Advantage (eMMA)

4.4 Questions

4.5 Procurement Method

4.6 Proposal Due (Closing) Date and Time

4.7 Multiple or Alternate Proposals

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4.8 Economy of Preparation

4.9 Public Information Act Notice

4.10 Award Basis

4.11 Oral Presentation

4.12 Duration of Proposal

4.13 Revisions to the RFP

4.14 Cancellations

4.15 Incurred Expenses

4.16 Protest/Disputes

4.17 Offeror Responsibilities

4.18 Acceptance of Terms and Conditions

4.19 Proposal Affidavit

4.20 Contract Affidavit

4.21 Compliance with Laws/Arrearages

4.22 Verification of Registration and Tax Payment

4.23 False Statements

4.24 Payments by Electronic Funds Transfer

4.25 Prompt Payment Policy

4.26 Electronic Procurements Authorized

4.27 MBE Participation Goal

4.28 VSBE Goal

4.29 Living Wage Requirements

4.30 Federal Funding Acknowledgement

4.31 Conflict of Interest Affidavit and Disclosure

4.32 Non-Disclosure Agreement

4.33 HIPAA - Business Associate Agreement

4.34 Nonvisual Access

4.35 Mercury and Products That Contain Mercury

4.36 Location of the Performance of Services Disclosure

4.37 Department of Human Services (DHS) Hiring Agreement

4.38 Small Business Reserve (SBR) Procurement

4.39 Maryland Healthy Working Families Act Requirements

4.40 eMMA (eMaryland Marketplace Advantage) Electronic Transaction Fee

5 Proposal Format

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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

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Service Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Prime Contractor List of All Subcontractors

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Attachment Q. Corporate Diversity Addendum

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

A) The Offeror must have a minimum of two (2) principals. In the event that a firm does not have two principals, as in the case of a sole proprietorship, the firm must submit a notarized Corporate Resolution outlining its contingency plan in the event of the unavailability of the named principal. The documentation supporting the necessary proof must be attached to the Organizational Chart in the firm's team data submission. Only the information that is submitted with the proposal will be considered in determining whether the firm with less than the required number of principals provides satisfactory protection to the State against possible delays in the project due to absence of the designated principal or principals.

B) The Offeror must have a Maryland resident agent or Maryland representation.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of General Services (DGS or the "Department") is issuing this

Request for Proposals (RFP) in order to obtain professional services to provide the Design and Demolition of the Bill Burton State Park Fishing Pier.

2.1.2 Consultants retained by the State to assist with the drafting of the solicitation or assisting in the selection for award are prohibited from submitting a proposal or assisting another in submitting a proposal for the subject solicitation or working for the selected awardee for a period of time. Participation in this procurement solicitation must comply with MD State Fin & Pro Code §13–212.1and COMAR 21.05.08.08 relating to Conflicts of Interest.

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

2.1.4 The Department intends to make a single award as a result of this RFP. See RFP Section

4.10 Award Basis for more Contract award information.

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

2.1.6 Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may NOT purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State.

2.2 Background and Purpose

2.2.1 Historical Summary:

Bill Burton Fishing Pier was originally the bridge that carried U.S. Route 50 over the Choptank River.

The structure was built in 1933 and is now under the management of Maryland Department of Natural Resources. It is closed to vehicular traffic and has been converted into a recreational fishing pier. The structure consists of two sections; the northern section located in Talbot County is accessed from Bolingbroke Point Drive, the southern section in Dorchester County is accessed from Radiance Drive.

The center swing span has been removed leaving the Choptank River shipping channel open for navigation. (See Attachment No.3 & No.4)

The north segment (Talbot County) consists of ninety-five spans and has an overall length of approximately 4,485-feet. The south segment (Dorchester County) consists of fifty-six spans and has an overall length of approximately 2,855-feet. Both segments have an outside width of 29-feet. The pier is 27-feet wide from balustrade to balustrade and once carried two lanes of traffic with a 4-foot sidewalk along the west side of the roadway. A 9-inch curb remains along the east side of the roadway. The superstructure consists of painted steel girders and diaphragms. The pier railings are reinforced concrete balustrades consisting of horizontal rails and vertical posts. The substructure consists of reinforced concrete pile bents, concrete caps, piles, struts, and decking. There is a reinforced concrete solid wall remaining at the north end of the south pier segment and the south end of the north pier segment. There are reinforced concrete cantilever abutments and wing walls at the north and south ends of the structure.

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The Dorchester pier adjoins Sailwinds Park via a timber walkway under the Choptank River Bridge that carries US Route 50 over the Choptank River.

In 2009 the Choptank River Fishing Pier was renamed the Bill Burton Fishing Pier State Park in honor of Bill Burton, a reporter, writer and fisherman who had for more than 50 years chronicled outdoor opportunities for Maryland citizens (See Attachment No.5).

He was instrumental in preserving the pier for recreational fishing when the new bridge was constructed.

In 2022, based on the results of the structural evaluation of the piers, both sides (North & South) of the pier were closed to public access due to safety concerns.

2.3 Project Information

The proposed project will consist of the design of plans and specifications for the demolition of concrete and steel structures for the two pier segments totaling approximately 8,000 LF. There are approximately 150 bents, supporting the steel I-beams and concrete decking. Typical bents consist of 5 square reinforced concrete piles with a horizontal concrete strut encompassing the 5 piles. The bents will have to be demolished to a level that poses no issues to maritime traffic and meets with the acceptability of the US Coast Guard.

It is anticipated that the steel I-beams will be recycled and the reinforced concrete will be disposed in designated artificial reef sites. These sites area coordinated by Maryland Artificial Reef Initiative (MARI) within DNR.

There is a timber walking path that connects Sailwinds Park, on the West side of the Route 50 bridge, to the southern section of the fishing pier. Plans will include the construction of approximately 270’ of timber walkway to connect from land to the existing structure

2.4 Project Justification

EBA Engineering performed a bridge inspection in 2021, which included an evaluation of the overall structure and recommendations. A copy of the inspection report is attached.

2.5 Project Scope

2.5.1 Phase 1 - Preparation of Drawings and Specifications

The design consultant shall be responsible for developing plans and specifications at the following stages.

A cost estimate is required at every stage;

1)50% Schematic Development (SD) 2)90% Design Development (DD) 3)100% Contract Documents (CDs)

The consultant shall prepare project drawings, specifications, and cost estimates, starting with 50% SD and progressing towards the 100% CDs. Each submittal will be reviewed by DNR and DGS. Written comments will be forwarded to the design consultant. The consultant will be responsible for;

1)Provide a point-by-point written response to all comments received.

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2)Attend an in-person design review meeting with DNR/DGS after every phase submittal. Update the design documents as necessary.

3) Attend two in-person public hearings.

4)Electronic copies of the documents shall be submitted with every design phase.

5)Provide a minimum of three (3) hard copies of final plans and specs to DNR and one (1) hard copy to

DGS.

The preparation of Construction Drawings (CDs) will include the specifications, construction drawings, bid documents, cost estimate, vendor cut sheets, calculations, any necessary supporting information, and any additional items requested by DGS or DNR.

The design consultant shall be responsible for preparing all applicable permit applications and obtain permits for the proposed project including coordination with local, State and Federal entities having jurisdiction over the project. It is recommended that the design consultant plan for at least one (1) meeting with each regulatory entity.

2.5.2 Phase 2 – Bidding

DGS shall solicit bids for construction based on the final 100% CDs. The design consultant will be responsible for the following;

1)Attend a pre-bid meeting located at the facility to answer technical questions concerning the Contract Documents.

2)Develop Meeting Minutes resulting from the pre-bid meeting.

3)Provide written technical responses to DGS for any/all questions received from prospective bidders.

4)The design consultant shall review all bids and make recommendations to DGS within ten (10) days.

2.5.3 Phase 3 - Construction Phase Engineering Support

The DGS Project Manager will convene a pre-construction meeting upon execution of the construction contract. Participants in the meeting will include the design consultant, MDE, DNR and the Contractor.

This conference will clarify all necessary procedures for this project. During construction, the design consultant shall assist DGS and DNR during the Construction phase and shall be responsible for the following;

1)Resolving any errors/omissions in the design for which are identified during construction at no additional cost to DGS and DNR and in a timely manner to ensure construction delays, are avoided or minimized.

2)Attend bi-weekly Progress Meetings.

3)Develop Progress Meeting Agendas and Minutes and distribute to all relevant parties.

4)The design consultant will serve as the Engineer-in-Charge and will need to fulfill those responsibilities throughout the construction contract.

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5)The design consultant shall assist in the review of contractor change order requests and assist in any redesign efforts leading up to change order preparation for the construction contract.

6)The design consultant shall answer questions, review submittals, shop drawings, and schedules required to be submitted by the construction documents, for conformance with the design plans and specifications.

Design consultant shall review, respond, and track all requests for information (RFI) and clarifications during construction in a timely fashion so as to prevent delays in construction.

7)The design consultant shall also review and authorize all payment certificates, testing procedures, quality of work, and punch lists.

8)The design consultant shall provide a final construction report including providing four

9) (4) copies of all Record Drawings in both AutoCAD and PDF format. As-built will be developed from red-lined drawings provided by the successful contractor.

2.5.4 PERMITS AND CODES:

The Consultant shall be responsible for securing all permits required for construction, from MDE Sediment & Erosion Control and MDE Wetland & Waterway Construction Division, Army Corps of Engineers, US Coast Guard and any other applicable regulatory agencies on the Federal or State level. All permits shall be obtained pursuant to the demolition and construction of the project associated with the proposed scope. The consulting firm's Professional Engineer shall be the Engineer-In-Charge, and shall provide the services associated with the requirements of this permit. In addition, any design shall comply with U.S. and Maryland Departments of Occupational Safety and Health Administration Standards (OSHA & MOSHA), IBC, State and Local Health Department Regulations, and any other applicable Codes.

2.5.5 SURVEY:

All available field topographic survey of the site will be forwarded to the consultant. Any additional surveying deemed necessary by the consultant associated with the development of the design and subsequent construction bid documents shall be the responsibility of the consultant.

2.5.6 BID DOCUMENTS:

The Consultant for this contract shall prepare detailed plans, reports, specifications, and cost estimates as described in the Department of General Services “Procedure Manual for Professional Services”, in the Standard Form of Agreement with Architects and Engineers, (DGS Form 2), latest edition. Professional A&E services for creation of construction documents or A&E services during the construction phase of the project shall be included in this contract.

2.5.7 MISCELLANEOUS REQUIREMENTS

The Consultant shall adhere to OSHA-MOSHA regulations throughout the project to ensure the safety of his/her employees, state employees, and the general public.

2.6 Appendix and Attachments

The following attachments are included as a separate file in this Scope of Work.

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Location Map Attachment No. 1

Vicinity Map Attachment No. 2

Aerial Map Attachment No. 3

Enlarged Aerial Map Attachment No. 4

Bill Burton Fishing Pier State Park Attachment No. 5

2022 EBA Report Attachment No. 6

2022 Marine Solutions Underwater Inspection Attachment No. 7

Proposed Timber Walkway Location Exhibit Attachment No. 8

Existing Reef Ball Locations Attachment No. 9

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.2 End of Contract Transition - Reserved

3.3 Invoicing

3.3.1 General

A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Project Manager.

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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

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

F. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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G. 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.

H. 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.

3.3.2 Invoice Submission Schedule

I. The Contractor shall submit invoices in accordance with agreed upon schedule.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract;

B. The proper invoice has not been received by the party or office specified in the Contract;

C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

D. The item or services have not been accepted;

E. The quantity of items delivered is less than the quantity ordered;

F. The items or services do not meet the quality requirements of the Contract;

G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.4 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 Attachment M.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 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:

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

A. Commercial General Liability - of $2,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual

RFP for Maryland Department of General Services Page 9 of 72 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 - $1,000,000 per combined single limit per claim and $2,000,000 annual aggregate.

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

D. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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

3.5.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled 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.

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

3.5.5 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 Project Manager.

3.5.6 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Project Manager with the same documentation as is required of the Contractor.

Failure to comply with the insurance requirement will result in the Proposal to be deemed not susceptible for award.

3.6 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 Employee Identification

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

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

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

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

3.6.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.6.3 On-Site Security Requirement(s)

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

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

B. Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9- 410 through 9-417 and such other security policies of the agency that controls the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.7 Problem Escalation Procedure

3.7.1 The Contractor, when requested, must provide and 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.

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3.7.2 The Contractor shall provide contact information to the Project Manager, as well as to other State personnel as directed should the Project Manager not be available.

3.7.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

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

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

C. 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;

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

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

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

G. A process for updating and notifying the Project Manager of any changes to the PEP.

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

3.8 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.9 Experience and Personnel

Please refer to Section 5.3 for information regarding Key Personnel requirements.

3.10 Substitution of Personnel

3.10.1 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 Project Manager 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 Project Manager.

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.

RFP for Maryland Department of General Services Page 12 of 72

3.10.2 Definitions

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

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave Act;

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

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

3.10.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 3.10.4.

A. The Contractor shall demonstrate to the Project Manager’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 Project Manager 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 Project Manager 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 Project Manager 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 Project Manager will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

3.10.4 Replacement Circumstances

A. Directed Personnel Replacement

1) The Project Manager may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Project Manager, 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, Department policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 3.10.4.

2) If deemed appropriate in the discretion of the Project Manager, the Project Manager 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

RFP for Maryland Department of General Services Page 13 of 72

Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Project Manager. If the Project Manager rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Project Manager within five (5) days, or in the timeframe set forth by the Project Manager in writing.

3) Should performance issues persist despite an approved Remediation Plan, the Project Manager 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 Project Manager determines to direct substitution under 3.10.4, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor.

However, if the Project Manager deems it necessary and in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Project Manager may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6) In circumstances of directed removal, the Contractor shall, in accordance with paragraph 3.10.4 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement

1) To replace any Key Personnel in a circumstance other than as described in 3.10.4.A, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 3.10.4 to the Project Manager at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Project Manager approves the substitution in writing.

2) Key Personnel Replacement Due to Sudden Vacancy

a) The Contractor shall replace Key Personnel whenever a sudden vacancy occurs (e.g., Extraordinary Personal Event, death, resignation, termination).

A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 3.10.4.A.1.

b) Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 3.10.3 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.

3) Key Personnel Replacement Due to an Indeterminate Absence

a) 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

RFP for Maryland Department of General Services Page 14 of 72 identify a suitable replacement and provide the same information and items to the Project Manager as required under Section 3.10.3.

b) However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Project Manager the Project Manager may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

3.10.5 Substitution Prior to and Within 30 Days after Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

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

3.11 Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.27), the Contractor shall:

A. Submit the following reports by the 10th of each month to the Project Manager and the Department’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

B. Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-

5) by the 10th of each month to the Project Manager and the Department’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

C. Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE

RFP for Maryland Department of General Services Page 15 of 72 participation and make them available for State inspection for three years after final completion of the Contract.

E. Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

3.12 Veteran Small Business Enterprise (VSBE) Reports

If this solicitation includes a VSBE Goal (see Section 4.28), the Contractor shall:

A. Submit the following reports by the 10th of the month following the reporting period to the Project Manager and the Department VSBE representative:

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report (Attachment E-3) listing any unpaid invoices, over 45 days old, received from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) Attachment E-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice Report by the 10th of the month following the reporting period to the Project Manager and the VSBE Liaison Officer.

B. Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Project Manager and Department VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices (Attachment E-4).

C. Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. The Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the Contract.

E. At the option of the Department, upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

3.13 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.14 Additional Clauses

3.14.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may

RFP for Maryland Department of General Services Page 16 of 72 modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Maryland Department of General Services Page 17 of 72

4 Procurement Instructions

4.1 Pre-Proposal Conference

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

4.1.2 Attendance at the Conference is required. All interested parties should attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE 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.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section

4.3.1 eMMA).

4.1.6 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Proposal Conference Response Form (Attachment A) no later than the time and date indicated on the form. 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. The Department will make a reasonable effort to provide such special accommodation.

4.2 Letter of Interest

THIS SECTION IS INAPPLICABLE TO THIS RFP.

4.3 eMaryland Marketplace Advantage (eMMA)

4.3.1 eMMA is the electronic commerce system for the State of Maryland. The RFP, 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.

4.3.2 In order to receive a…