GWO RFP - Final.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF LABOR (LABOR)

REQUEST FOR PROPOSALS (RFP)

GLOBAL WIND ORGANIZATION (GWO) TRAINING

RFP NUMBER LABOR-FY2024-05

ISSUE DATE: JANUARY 5, 2024

NOTICE

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.

Global Wind Organization (GWO) Training

Solicitation #: LABOR-FY2024-05 RFP Document

RFP for the Maryland Department of Labor Page ii of 81

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: Global Wind Organization (GWO) Training

Solicitation No: LABOR-FY2024-05

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: ________________________________________________________________

RFP for the Maryland Department of Labor Page iii of 81

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services – Global Wind Organization (GWO) Training.

Solicitation Number: LABOR-FY2024-05

RFP Issue Date: Friday, January 5, 2024

RFP Issuing Office: Maryland Department of Labor (LABOR)

Procurement Officer: Raelene Glasgow

1100 North Eutaw Street

Baltimore, Maryland 21201 e-mail:

Office Phone:

raelene.glasgow3@Maryland.gov

(410) 767-7050

Proposals are to be sent to: Proposals will be accepted through the State's eMaryland

Marketplace Advantage (eMMA) e-Procurement system.

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

Pre-Proposal Conference: This is a second advertisement. A Pre-Proposal Conference will not be held.

Questions Due Date and

Time

Monday, January 15, 2024, at 2:00 P.M Local Time

Proposal Due (Closing)

Date and Time:

Friday, January 26, 2024, at 2:00 P.M. 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: No

VSBE Subcontracting

Goal:

No

Contract Type: Fixed-price contract

Contract Duration: Two (2) years, Approximately, May 1, 2024, through

September 30, 2026. No renewal options. NTP Date: April

2024.

mailto:raelene.glasgow3@Maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

RFP for the Maryland Department of Labor Page iv of 81

Primary Place of

Performance:

Eastern Shore of Maryland

SBR Designation: No

Federal Funding Yes

RFP for the Maryland Department of Labor Page v of 81

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.6 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted

5 Proposal Format

5.1 Two Part Submission

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Selection Procedures

6.5 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 & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

RFP for the Maryland Department of Labor Page vi of 81

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 (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2 – Offeror Information Sheet

RFP for the Maryland Department of Labor Page 1 of 81

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

As part of the determination to be considered responsive, the Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

1.1.1 The Offeror must demonstrate that they have at least two (2) years of experience in providing a

Global Wind Organization (GWO) Training in the areas specified in Section 2.3. The GWO must approve instructors to provide training.

1.1.2 The Offeror shall be certified as a Global Wind Organization (GWO) Trainer by an accredited certification body that fulfills the GWO’s Requirements for Certification Bodies document and is listed as an approved certification body on WINDA.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its Proposal a copy of its current certificate issued by the accredited body. Offerors must submit

Letters of Commitment demonstrating relationships with employers and industry partners.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for the Maryland Department of Labor Page 2 of 81

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Labor (LABOR), Division of Workforce Development and Adult

Learning (DWDAL) is issuing this Request for Proposal to procure the services, for providing jobs and training for workers seeking employment from a contract between the successful

Offeror(s) and the Maryland Department of Labor. The Department (LABOR) is seeking proposals (RFP) from organizations qualified and experienced in providing GWO) training services. The selected vendor will be responsible for identifying and training at least 300 individuals in one or more GWO training standards.

2.1.2 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.

2.1.3 The Department intends to make a single award for work under this the RFP. See RFP Section

4.9 Award Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all the requirements requested in this solicitation and the successful Offeror

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 A Contract award does not ensure a Contractor will receive all State business under the

Contract.

2.2 Background, Purpose, and Goals

The Division of Workforce Development and Adult Learning creatively and effectively coordinate job seeker services and training, business services, adult learning programs, and labor market information. Its goal is to ensure that businesses have skilled workers and job seekers have access to employment and training resources and services.

Through a highly competitive process, the United States Department of Commerce Economic

Development Administration selected Maryland as one of 32 recipients of the Good Jobs Challenge

(GJC) grant program. The GJC is a component of the American Rescue Plan Act (ARPA) and is designed to help Americans recover from the economic effects of the COVID-19 pandemic. By investing $500 million into high-quality, locally led workforce systems, the GJC exists to expand career opportunities and produce a skilled workforce so that the United States is prepared to innovate, compete, and succeed in the 21st century. Through the GJC, EDA has demonstrated its commitment to regional workforce training systems that connect employers with qualified workers and help job seekers find and keep quality employment to advance along their chosen career path. Administered by the Maryland Department of

Labor, the Maryland Works for Wind (MWW) initiative is a regional consortium that will collaboratively design, implement, and execute a pipeline of skilled talent to support Maryland's emerging Offshore

Wind (OSW) clean energy industry. The MWW initiative aims to establish Maryland as the country’s premiere destination for OSW training, fabrication, and employment.

Purpose

The purpose of this solicitation is to procure the services of an organization qualified and experienced in providing Global Wind Organization (GWO) training for the Department’s Office of Workforce

RFP for the Maryland Department of Labor Page 3 of 81

Development. The GWO is an association of wind turbine owners and manufacturers. Their mission is to support an injury-free work environment in the wind industry through cooperation among its members in setting common industry best practice standards for health and safety-related training. GWO training courses teach individuals the standards of working on offshore wind projects to understand and reduce the risk associated with safety hazards in the wind turbine industry.

The successful offeror must be able to train at least 300 individuals in one or more of the GWO approved topics.

2.2.1 Project Goals

A. The Offeror must provide the required training in compliance with the GWO requirements and standards.

B. Individuals who complete training should be issued a Certificate of Completion.

C. Offeror shall provide training at a physical location on the Eastern Shore of Maryland, which includes the following counties: Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester.

2.2.2 Other State Responsibilities

A. The State DWDAL Contract monitor will guide and work with the successful

Offeror/Contractor on the data collection, recording, and monthly reporting requirements to the State over the contract term.

B. The State will be responsible for providing the required reporting templates to the successful

Offeror. The contractor will be required to submit reporting monthly, due the 10th of each month.

2.3 Responsibilities and Tasks

2.3.1 Provide Global Wind Organization (GWO) Training.

The selected contractor will provide GWO training. The training provider must have an explicit policy for implementing and maintaining the validity of GWO training standard(s) that they offer. Examples of approved GWO training offerings are listed below:

a) Advanced Rescue Training Standard

b) Advanced Rescue Training Standard

c) Advanced Rescue Refresher Training Standard

d) Basic Safety Training Standard

e) Basic Safety Training Refresher Standard

f) Basic Safety Training Online Partial Refresher

g) Basic Technical Training Standard

h) Blade Repair Training Standard

i) Control of Hazardous Energies Training Standard

j) Control of Hazardous Energies Refresher Training Standard

k) Enhanced First Aid Training Standard

RFP for the Maryland Department of Labor Page 4 of 81

l) Enhanced First Aid Refresher Training Standard

m) Lift Training Standard

n) Slinger Signaller Training Standard

o) Wind Limited Access Training Standard

2.3.2 Training Sites

All training (whether fixed, mobile, or on-site/field, in-person) and must be offered at a physical location on the Eastern Shore of Maryland, which includes the following counties:

Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and

Worcester. The Eastern Shore training site must be established and fully functional within 45 days after the award.

The training may include the following specified site settings described below in addition to a fixed training facility:

a) Fixed training facility: A facility where GWO-certified training provider performs regularly planned training using known equipment and facilities located in a permanent location, where the training provider’s risk management is supported by the permanent training environment.

b) Mobile training facility: A mobile unit designed to be transported and to create a dedicated, controlled training environment at a new temporary location is considered as a mobile training facility. The mobile training facility setting must be audited for every module the training provider wishes to deliver in this setting.

c) On-site training (field training): On-site training is when training takes place in the field (for example, locally available wind turbines). In these cases, a portion of the training can also be delivered in a location such as a small service center, office environment, or similar, but certification for that location as a fixed training facility is not required.

d) Digital learning: includes interactive e-lessons, online presentations broadcasted in real-time or recorded, webinars and virtual classrooms, virtual and augmented blended learning with a mixture of digital and traditional learning, other technologies that support or enable the delivery of training via digital means.

2.3.3 Training Assessment

The contractor is responsible for developing and completing a participant performance assessment for each participant. Performance shall be assessed according to the learning outcomes by means of direct observation and oral or written questions, where appropriate. The performance assessment shall be used throughout the course as a feedback mechanism that guides the participant to successful learning and will track areas of opportunity regarding safety, competency, etc. The participant performance assessment shall be used as documentary evidence of the successful completion of training and should be uploaded into WINDA.

In addition, the contractor shall document participant attendance via an attendance record signed daily by each course participant. In the event that a participant does not meet the stated learning objectives, the contractor must have a documented procedure in place for an appeals process. The training assessment is to occur on a monthly basis.

2.3.4 Employer Engagement, Recruitment, and Screening of Participants

RFP for the Maryland Department of Labor Page 5 of 81

The contractor is responsible for identifying employers and industry partners who need to upskill their current workforce through GWO training. Offerors are encouraged to submit Letters of Commitment, demonstrating a relationship with employers and industry partners. Offerors must demonstrate the capacity to provide training to at least 300 individuals. It is expected that most of the individuals trained will be incumbent workers, defined as those currently employed in the target or a tangential industry

(skilled trades, manufacturing, etc.) seeking upskilling opportunities that will provide the necessary skill sets to work on offshore wind projects safely.

The contractor will be responsible for working closely with employer and industry partners to identify which GWO offerings listed in Section 2.2.3 should be offered, developing a training schedule that is realistic, agreeable, identifiable and vet the potential training participants, as applicable.

In alignment with GWO standards, the contractor must ensure the following are met for any individual participating in training:

a) All participants must meet the GWO prerequisites for the specific module, as well as the national legal prerequisites for the GWO module(s) they are attending;

b) All participants must create a personal profile in WINDA, the GWO database, and have provided their WINDA ID before completing the GWO training;

c) The participant must be medically fit, appear well-rested, and be capable of fully participating in training, showing no signs of fatigue, substance abuse, or sickness.

In addition, the contractor must have a procedure in place that informs participants of the physical demands of the training, and shall, before attendance, require course participants to sign a statement testifying to their medical fitness.

2.3.5 Equipment and Physical Resources

The contractor must demonstrate adequate resources or the ability to procure sufficient resources to ensure training and assessment can be effectively delivered in accordance with GWO training standards requirements. This includes prioritizing safety through the following means:

a) The training area shall be marked and free of distractions, including mobile phone usage;

b) The full range of facilities and equipment relevant to the standards and modules delivered shall be available during training;

c) All equipment and facilities must adhere to the applicable local, regional, and national legislation, standards, and guidelines for facilities and equipment;

d) A documented maintenance schedule must be carried out based on the frequency of equipment use, relevant risk assessments, and other obligations listed above.

e) The facilities must be designed to enable each course participant to see, hear, and fully participate in the training;

f) The practical training facilities must incorporate as many identical or comparable elements to a natural wind turbine working environment as possible;

g) Risk assessments shall be conducted and documented for all training facilities;

h) The training provider must hold all required permits to operate the facilities.

2.3.6 Instructor Qualifications

A qualified instructor employed by the contractor must have received in-depth training in the areas of approved courses in the form of up to a minimum of 100 hours of vocational teaching experience prior to qualifying as a GWO instructor. The contractor must follow the process prescribed by the GWO in

RFP for the Maryland Department of Labor Page 6 of 81 certifying instructors and ensure that all instructors maintain certification as outlined in the GWO standards. Any instructor identified by the contractor must meet all compliance requirements outlined by the GWO. This includes, but is not limited to:

a) All instructors and resources must comply with national, regional, and local legislation, applicable standards, and regulations;

b) Instructors must have documented a minimum of 100 hours of vocational teaching experience before qualifying as a GWO instructor;

c) Instructors shall possess the appropriate qualifications and experience to ensure that all training and support activities are carried out in accordance with current legislation;

d) To qualify, the instructor shall receive appropriate instructor qualification training and participate in an ongoing competence evaluation for the specific training module. The initial evaluation must occur within no more than six months from the time of certification.

e) All instructors must, at a minimum, demonstrate the following:

1) Knowledge of the wind energy industry and key safety aspects, especially as relevant to the target standard;

2) Familiarity with the working conditions and layout of a wind turbine, especially as relevant to the parts covered within the target standard;

3) The ability to plan and deliver training in accordance with the target standards by adhering to the following requirements in the standard, such as

i. Training equipment and site setting;

ii. Correct use of personal protective equipment (PPE);

iii. Safety during practical exercises;

iv. Instructor to course participant ratio, and contact time for each course participant for all learning objectives and elements;

v. Covering all learning objectives.

f) The ability to train course participants according to different learning styles during theoretical, practical, and group work sessions;

g) The ability to correctly assess individual course participant knowledge, skill, and abilities by applying GWO taxonomy and terminology as stated in the target standard; and,

h) The ability to give constructive feedback and individual coaching toward learning objectives.

2.3.7 Risk Assessment, Non-Conformities, and Incident Reporting

The selected contractor must ensure that training is safely administered, and that facilities and equipment are safe. The following requirements, in alignment with GWO standards, must be followed.

This list is not meant to be exhaustive. The contractor must follow all GWO standards related to risk assessment, non-conformities, and incident reporting.

a) An established procedure for risk assessment and risk management, in particular, to ensure safety training delivery. As a minimum, this shall cover training equipment and facilities, instructor qualifications, and the instructor’s delivery of training for all sites

(settings) and all modules certified to be delivered according to GWO.

RFP for the Maryland Department of Labor Page 7 of 81

b) A procedure describing how to handle non-conformities, including participant complaints. Copies of recorded non-conformities, including customer complaints received, must be provided to the State GWO upon request.

c) A system for recording incidents (including near misses) during the delivery of GWO training. The incident categories should mirror the Incident Reporting and Root Cause

Analysis Guidelines and templates in accordance with GWO standards.

2.3.8 Data Collection and Reporting Requirements

The contractor shall be responsible for tracking specific demographic and training data and reporting this information to Labor or its designee monthly. This includes but is not limited to narrative reports, demographic and training data, and information on any equipment purchased with the funding allocated from this project. The contractor shall ensure that their participant’s data is properly recorded and supplied within the timeframes reported by DWDAL.

2.3.9 Monthly Reporting:

a) The contractor shall provide a Monthly Program Report to DWDAL on the 10th of every month in a form acceptable to the Department. The report should capture qualitative and quantitative data on training activities. This includes but is not limited to the following:

1) The number of individuals recruited;

2) The number of individuals to enroll;

3) The number of individuals to complete training;

4) Reason for incompletion, if an individual fails to complete training;

5) Employment status;

6) Employment type;

7) The top three occupations in which participants are employed;

8) The top three employers with whom the contractor is partnering;

9) Median salary for participants post-training;

10) The types and number of wraparound supports provided;

11) A monthly summary of activities;

12) Upcoming activities;

13) Success stories and best practices; and

14) Any challenges that occurred over the reporting period.

2.3.10 Participant Demographic Information

b) Must be captured for every participant and requires certain demographic data, including:

1) First name;

2) Middle name;

3) Last name;

4) SSN;

5) Date of Birth;

6) Address;

RFP for the Maryland Department of Labor Page 8 of 81

7) Training Start Date;

8) Training Completion Date; and

9) Job Start Date.

2.3.11 The contractor will be required to report the following for each piece of equipment secured as follows:

1) Brand Name;

2) Model Number;

3) Serial Number;

4) Location Where Housed; and

5) Estimated Useful Life

2.3.12 GWO Documentation and Training Records Requirements

In addition to reporting and data collection required by Labor, the contractor must agree to abide by the

GWO requirements for training documentation and record keeping. This includes, but is not limited to:

a) Upon completion of training and within no more than 10 business days, the training provider must ensure the following records of training are uploaded into

WINDA.

1) Course participant WINDA ID;

2) Applicable GWO standard training module (course code);

3) Completion date of the training module; and

4) Previous course valid until date (only applicable to refresher training modules).

b) The contractor must maintain records of the following:

1) Course participants’ first name and last name;

2) Daily attendance of all participants;

3) Name(s) of instructor(s) delivering course.

4) Site of training conducted (location and country)

5) Course participant assessment form for the course delivered.

6) Participant acknowledgment of performance assessment

7) Gap training has been delivered on a base of merit, documentation of pre-existing qualification.

8) Training setting

In accordance with GWO requirements, all of the above records must be maintained for at least 27 months from the completion date of courses that require a refresher training every two years, and a minimum of 63 months for training records that do not require a refresher training.

2.4 Deliverables

The contractor will be required to demonstrate the ability to train 300 individuals over the period of the contract and should submit a project plan that outlines specific goals. To do so, the contractor must acquire all equipment, materials, and supplies necessary to deliver training in the first six months of the

RFP for the Maryland Department of Labor Page 9 of 81 contract. The contractor will be expected to train at least 33% of the total participants in Year 1 of the contract. It is expected that 10% of the total participants will be trained within the first six months of the contract, with the remaining 23% of the Year 1 total trained by the end of Year 1. It is expected that

67% of the participants will be trained in Year 2 at approximately 17% per quarter. Additionally, the contractor must engage with at least five employers by the end of Year 1 of the contract.

2.4.1 Other Required Responsibilities

The contractor will be required to participate in other MWW activities, including peer-to-peer learning opportunities, professional development, and evaluation activities.

2.4.2 Lead Instructor

A. Instructor must have documented a minimum of 100 hours of vocational teaching experience before qualifying as a GWO instructor;

B. Instructor shall possess the appropriate qualifications and experience to ensure that all training and support activities are carried out in accordance with current legislation;

C. To qualify, the instructor shall receive appropriate instructor qualification training and participate in an ongoing competence evaluation for the specific training module. The initial evaluation must take place within a period of no more than six months from the time of certification.

Deliverable Number Reference Sections Submission Due Date

1 2.2.6 of the RFP Email to DWDAL documentation that all equipment, materials, and supplies necessary to deliver training has been acquired.

Six months after the contract begins

2 2.2.12 of the RFP Email to DWDAL

Certificates of

Completion, as proof that 30 individuals have been trained.

Six months after the contract begins

3 2.2.12 of the RFP Email to DWDAL

Certificates of

Completion, as proof that 70 individuals have been trained.

Twelve months after contract begins.

3 2.2.12 of the RFP Email to DWDAL

Certificates of

Completion as proof that 50 individuals have been trained

Quarterly in Year 2

4 2.2.12 of the RFP Proof that Contractor engaged with at least five (5) employers.

A year after the contract begins

RFP for the Maryland Department of Labor Page 10 of 81

D. The lead instructor must, at a minimum, demonstrate the following:

1) Knowledge of the wind energy industry and key safety aspects, especially as relevant to the target standard;

2) Familiarity with the working conditions and layout of a wind turbine, especially as relevant to the parts covered within the target standard;

3) The ability to plan and deliver training in accordance with the target standards.

4) The ability to train course participants according to different learning styles during theoretical, practical, and group work sessions;

5) The ability to correctly assess individual course participant knowledge, skill, and abilities by applying GWO taxonomy and terminology as stated in the target standard; and,

6) The ability to give constructive feedback and individual coaching toward learning objectives.

RFP for the Maryland Department of Labor Page 11 of 81

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish a sample GWO Training Issue Resolution and

Program Activity Status Report, as draft sample Process and Program Support Activity Plan, a draft sample Data Analysis Report, a draft Service Implementation Plan, and a draft

Transition-Out Plan.

3.2 End of Contract Transition

Reserved

3.3 Invoicing

3.3.1 General

The Contractor shall e-mail the original of each invoice and signed authorization to invoice the Contract

Monitor, Mary C. Keller at e-mail address: mary.keller@maryland.gov.

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 in 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 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.

A. 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.

B. 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.

mailto:mary.keller@maryland.gov

RFP for the Maryland Department of Labor Page 12 of 81

C. 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.

D. 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.

E. 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

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

All invoices are to be submitted monthly. The contractor is to submit invoices to the Contract

Monitor for verification of the work performed on the contract. Please note that the Lead

Instructor will invoice LABOR for the actual training hours performed.

a) For items of work for which there is one-time pricing (see Attachment B –Proposal

Form) those items shall be billed in the month following the acceptance of the work by the Department.

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

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

RFP for the Maryland Department of Labor Page 13 of 81

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.6 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:

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

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

b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 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.

3.6.2 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.

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

Contractor shall notify the Procurement Officer in writing if policies are 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.

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

3.6.5 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

RFP for the Maryland Department of Labor Page 14 of 81 performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.8 Problem Escalation Procedure

3.8.1 The Contractor 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.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The

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 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 everyone 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 Contract Monitor of any changes to the PEP.

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

3.9 SOC 2 Type 2 Audit Report

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

3.10 Experience and Personnel

3.10.1 Preferred Offeror Experience

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.11 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS RFP

RFP for the Maryland Department of Labor Page 15 of 81

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.13 Additional Clauses

3.13.1

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

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

3.13.2 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 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.

RFP for the Maryland Department of Labor Page 16 of 81

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.1.1 A pre-Proposal Virtual Teleconference (Conference) via Google Meet will be held at the date and time as indicated on the Key Information Summary Sheet.

Participation in the virtual teleconference shall be permitted upon receipt of an email and calendar invitation from the Procurement Officer only.

4.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend 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 Following the virtual teleconference, the participation/sign-in record

(consisting of the list of all calendar invitees) and summary of the virtual teleconference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.4 To participate in the Virtual Teleconference, all interested parties shall e-mail the Pre-Proposal Virtual Teleconference Response Form (Attachment A) to the

Procurement Officer no later than two (2) Business Days prior to the

Conference date.

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 4.2.1 eMMA).

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 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.

4.2.2 To receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to emma.maryland.gov, click on “New Vendor?

Register Now” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (LABOR-FY2023-011 - Services – Global Wind Organization

(GWO) Training.), and shall be submitted in writing via e-mail to the

Procurement at least five (5) days prior to the Proposal due date and time specified the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

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

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

RFP for the Maryland Department of Labor Page 17 of 81

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

4.4 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Proposal method under COMAR

21.05.02.

4.5 Proposal Due (Closing) Date and Time

4.5.1 Proposals, in the number and form set forth in Section 5 Proposal Format, must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Proposals received after the due date and time listed in the Key Information Summary

Sheet will not be considered.

4.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

4.5.5 Proposals may be modified or withdrawn by written notice received by the Procurement

Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

4.5.6 Proposals may not be submitted by e-mail or facsimile. Proposals will be opened in a

Virtual Teleconference, by Calendar Invitation from Procurement Officer Only at the date and time indicated on the Key Information Summary Sheet.

4.5.7 Potential Offerors not responding to this solicitation are requested to submit the “No Bid

Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted.

4.7 Receipt, Opening and Recording of Proposals

4.7.1 Upon receipt, each Proposal and any timely modification(s) to a Proposal shall be stored in a secure place until the time and date set for Proposal opening. Before Proposal opening, the State may not disclose the identity of any Offeror.

4.8 Confidentiality of Proposals / Public Information Act Notice

4.8.1 The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General

Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Proposal.

4.8.2 The Proposals shall be tabulated or a Proposal abstract made. The opened Proposals shall be available for public inspection at a reasonable time after Proposal opening, but in any

RFP for the Maryland Department of Labor Page 18 of 81 case, before contract award, except to the extent the Offeror designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Proposal and shall be readily separable from the Proposal to facilitate public inspection of the non-confidential portion of the

Proposal, including the Total Proposal Price.

4.8.3 For requests for information made under the PIA, the Procurement Officer shall examine the Proposals to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.9 Award Basis

A Contract shall be awarded to the responsible Offeror(s) submitting a Proposals that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in the RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP. See

RFP Section 6 for further award information.

4.10 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify the Offerors of the time and place of oral presentations.

4.11 Duration of Proposals

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days following the Proposal due date and time or the date any protest concerning this RFP is finally resolved.

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

4.12 Revisions to the RFP

4.12.1 If the RFP is revised before the due date for Proposals, the Department shall post any addenda to the RFP on eMMA and shall endeavor to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement

Officer to have obtained this RFP. It remains the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

4.12.2 Offerors shall acknowledge the receipt of all addenda to this RFP issued before the

Proposal due date.

4.12.3 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 deemed not responsive.

4.13 Cancellations

4.13.1 The State reserves the right to cancel this RFP, accept or reject any and all Proposals,…