Heating, Ventilation, and Air Conditioning (HVAC) Studies

Solicitation #: E00P7600146 RFP Document

RFP for The Comptroller of Maryland Page 1 of 39

STATE OF MARYLAND

THE COMPTROLLER OF MARYLAND (THE COM)

EXPEDITED

REQUEST FOR PROPOSALS (RFP)

HVAC STUDY SERVICES

RFP NUMBER: E00P7600146

ISSUE DATE: JULY 22, 2026

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

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

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

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

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

Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

RFP for The Comptroller of Maryland Page 2 of 39

STATE OF MARYLAND

THE COMPTROLLER OF MARYLAND (COM)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Heating, Ventilation, and Air Conditioning (HVAC) Studies

Solicitation Number: E00P7600146

RFP Issue Date: July 22, 2026

RFP Issuing Office: The Comptroller of Maryland (COM)

Procurement Officer: Lola Tiamiyu

80 Calvert Street

Annapolis, MD 21401

Email:

Phone Number:

Ltiamiyu@marylandtaxes.gov

667-401-2039

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number E00P7600146.

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

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

No Bid/Proposal Notice

Feedback Form

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

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

Wednesday, July 29,2026 Time, at 2:00pm

See Attachment 2 to RSVP by Monday, July 27,2026 at 2:00pm to

Attend

Questions Due Date and

Time:

Friday, July 31, 2026 at 4:00 pm Local Time.

Proposal Due (Closing)

Date and Time:

Friday, August 14, 2026, at 5:00 pm Local Time

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

Notice/Vendor Feedback Form).

MBE: 10%

mailto:Ltiamiyu@marylandtaxes.gov

RFP for The Comptroller of Maryland Page 3 of 39

VSBE Subcontracting

Goal:

N/A

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

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Bids:

N/A.

Contract Type: Firm Fixed Price.

Contract Duration: From Date of Award through December 1, 2026.

Primary Place of

Performance:

Primary Place(s) of Performance

As indicated in the RFP, the required studies/services must be conducted at these four (4) schools:

• Arlington Elementary School

3705 W Rogers Ave, Baltimore, MD 21215

• Arundel Elementary School

2400 Round Rd, Baltimore, MD 21225

• Govans Elementary School

5801 York Rd, Baltimore, MD 21212

• Pimlico Elementary/Middle School

4849 Pimlico Rd, Baltimore, MD 21215

SBR Designation: Yes

Federal Funding: No

RFP for The Comptroller of Maryland Page 4 of 39

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

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4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

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

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

RFP for The Comptroller of Maryland Page 6 of 39

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

Offerors must have related and demonstrated HVAC experience to submit a proposal in response to this RFP.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for The Comptroller of Maryland Page 7 of 39

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the services and form a contract between the selected offeror(s) and the State of Maryland (“State”).

This RFP seeks to procure a Contractor with demonstrated expertise in HVAC engineering, Variable

Refrigerant Flow (VRF) system diagnostics, building systems commissioning, and facilities operations to support the Comptroller’s mandate under the Fiscal Year 2027 Budget Bill. The

Contractor shall conduct a rigorous technical evaluation of VRF systems at four specific schools.

This evaluation should include, at minimum, visual inspections, staff interviews, and an extensive review of design standards, contract documents, quality assurance and quality control, commissioning reports, warranty logs, maintenance work orders, system performance data, and other project documentation necessary to determine root causes of system failures.

In addition to evaluating project-specific conditions, the Contractor shall conduct broader research into the use and performance of VRF systems in public school settings nationwide, analyze manufacturer requirements for the installed equipment, and identify variances between recommended and actual practices. The Contractor shall provide evidence-based findings, actionable recommendations for remediation, and a detailed cost analysis of repair, replacement, or redesign options needed to ensure functional, reliable HVAC performance in the affected facilities.

This is single award. See RFP Section 6.5 Selection Procedures for more Contract award information.

2.2 Background and Purpose

The 21st Century School Buildings Program is a major program designed to modernize Baltimore

City’s aging public school facilities and deliver high quality, energy efficient environments that support student learning. The program is implemented through a multi-agency partnership between the Maryland Stadium Authority, the Interagency Commission on School Construction, and

Baltimore City Public Schools.

Several recently modernized 21st Century Schools use VRF systems, and multiple schools have experienced chronic system failures, which have caused persistent heating and cooling issues and forced emergency closures during extreme weather. Local reporting and community feedback have raised concerns about the reliability of these VRF systems, prompting closer scrutiny of the design processes, installation practices, commissioning methods, and ongoing maintenance.

In response to these concerns, the Maryland General Assembly, through the Fiscal Year 2027 Budget, directed the Office of the Comptroller to conduct a comprehensive, independent study of the VRF systems in the following four 21st Century Schools known to have ongoing operational challenges:

• Arlington Elementary School

• Arundel Elementary School

• Govans Elementary School

• Pimlico Elementary/Middle School

The legislation requires the Comptroller to:

RFP for The Comptroller of Maryland Page 8 of 39

• Assess the root causes of VRF failures and chronic performance issues;

• Provide recommendations for remediation; and

• Develop a cost analysis of repair, replacement, or redesign options.

To address this requirement, the Comptroller is issuing this RFP to obtain professional technical expertise to perform a rigorous evaluation of all relevant design, construction, commissioning, operational, and maintenance factors contributing to these system failures. The study will include extensive document review, site inspections, stakeholder interviews, comparison against manufacturer requirements, and evaluation of VRF use in public schools nationwide.

Project Goals

The goals of this project are to support the Comptroller’s statutory mandate by producing a comprehensive, evidence-based assessment of the HVAC systems in the four identified schools.

Specifically, the project seeks to:

• Identify the root causes of VRF system failures, including deficiencies in design, installation, commissioning, or ongoing operations and maintenance.

• Evaluate the effectiveness of applicable design standards, construction practices, and maintenance procedures.

• Assess the operational impact of VRF failures on classroom environments, including occupant comfort, instructional continuity, and emergency closures.

• Develop clear and actionable remediation recommendations, including technical solutions, operational improvements, and possible equipment or system changes.

• Provide a detailed cost analysis of repair, replacement, or redesign options necessary to correct identified deficiencies.

2.2.1 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State project team consists of the following:

A. State Project Manager.

1. The State Project Manager is responsible for:

A. Overseeing day-to-day coordination of the project on behalf of the state;

B. Ensuring the Contractor received timely guidance, direction, and clarification related to project scope and expectations;

C. Monitoring project progress, deliverables, and adherence to procurement requirements;

D. Coordinating communication among participating State agencies and stakeholders.

2. The State Project Manager will provide the following:

B. Facilitate introductions and communication between the Contractor and relevant State agencies, school system personnel, and external partners.

C. Assist the Contractor in obtaining documents, data, and background materials necessary to complete the study.

D. Support scheduling of site visits, meeting, and interviews with agency representatives.

RFP for The Comptroller of Maryland Page 9 of 39

2.3 Contractor Responsibilities and Tasks

The Contractor shall perform a comprehensive technical review and assessment of the HVAC systems—specifically the Variable Refrigerant Flow (VRF) systems—installed in four 21st Century

Schools in Baltimore City: Arlington Elementary, Arundel Elementary, Govans Elementary, and

Pimlico Elementary/Middle. The Contractor shall provide all labor, expertise, and resources necessary to complete the tasks outlined in this RFP.

2.3.1 Project Reviews

For each School Facility Site, the Contractor shall review, obtain, analyze, and evaluate all available documentation, records, and data relevant to the design, construction, installation, commissioning, operation, and maintenance of the VRF systems.

At a minimum, the Contractor shall:

1. Conduct a visual inspection of the VRF system at each of the four schools.

2. Interview City Schools facilities and maintenance staff regarding warranty history, maintenance activities, system re-commissioning efforts, and any specific concerns or operational issues experienced post-occupancy.

3. Review all design standards applicable at the time of construction.

4. Review all contract documents associated with the HVAC scope.

5. Analyze the Building Maintenance Plans and Budgets for each school.

6. Review of all Operations and Maintenance Manuals for VRF equipment.

7. Analyze all Quality Control and Quality Assurance plans, processes, and procedures used during system design and installation.

8. Review construction documents.

9. Evaluate all design documents, including specifications and system requirements.

10. Review value engineering records involving changes to HVAC/VRF system design.

11. Review all change orders relevant to HVAC or VRF components.

12. Evaluate shop drawings and related submittals for HVAC equipment, VRF components, and control systems.

13. Review field reports generated during construction that pertain to HVAC installation.

14. Compare as-built documents with bid-phase documents and final system design to identify any deviations.

15. Review all warranty documents for VRF system equipment and components.

16. Review commissioning records, including startup checklists, procedures, and measured performance data.

17. Analyze all warranty logs, including determinations of responsible parties and documentation of required corrective actions and completed repairs.

RFP for The Comptroller of Maryland Page 10 of 39

18. Review warranty repair completion checklists, including records indicating whether warranty or

M&O personnel completed each action.

19. Review all training records, including:

a. Standard content of training typically provided to VRF system owners;

b. Actual training content provided to City Schools M&O staff and/or contractors.

20. Evaluate project closeout documents noting any HVAC-related issues.

21. Review all records of system modifications performed after initial installation and commissioning.

22. Review all maintenance and repair records from turnover to present, including:

a. Adherence to manufacturer-recommended preventive maintenance tasks;

b. Maintenance work order logs related to warranty compliance;

c. Records of post-warranty repair work and any system re-commissioning activities;

d. Records of system performance since turnover;

e. Maintenance expenditures for each school since turnover.

2.3.2 Research, Analysis, and Technical Assessments

The Contractor shall perform technical research, conduct comparative analyses, and prepare findings necessary to support a determination of root causes and potential remedies. At a minimum, the

Contractor shall:

1. Evaluate the use of VRF systems in public schools nationwide, including reported performance issues and reliability concerns.

2. Obtain and analyze manufacturer guidelines for all VRF equipment installed at the four schools, identifying variances between recommended practices and actual system design, installation, operation, and maintenance.

3. Provide recommendations for remediation, including:

a. Technical solutions and corrective actions;

b. Feasible alternatives to VRF components or systems;

c. A detailed cost analysis for repair, replacement, or system re-design options.

2.3.3 Reporting, Deliverables, and Required Tasks (including Due Dates)

On or before November 9th, 2026, the Contractor shall prepare written reports and supporting for each of the four (4) applicable schools listed herein. Deliverables for each school include:

1. A comprehensive Root Cause Assessment Report detailing factors contributing to VRF failures, operational disruptions, and system underperformance in each of the four schools.

2. A Remediation Recommendations Report, including prioritized corrective actions and associated cost estimates.

On or before November 9th, the Contractor shall prepare one additional cumulative written report, that summarizes all findings, research, conclusions, and recommendations related to the 4 schools, as a single publication-ready document for the Comptroller. The final report shall include a

Comparative Analysis Report section the four schools’ VRF systems against manufacturer guidance, industry best practices, and systems used in comparable public-school facilities.

RFP for The Comptroller of Maryland Page 11 of 39

Tasks:

After submission of any / all of the reports described above, the Contractor shall support the

Comptroller’s Office in making revisions, edits, corrections, or other necessary changes to any / all of the required reports, in support of the Comptroller’s legislatively mandated requirement to submit the findings to the Maryland General Assembly by December 1, 2026.

2.4 Experience and Personnel

2.4.1 Required Offeror Experience

The following experience is required and will be evaluated as part of the Technical Proposal (see the Technical Proposal Evaluation Criteria in Section 6.2):

Demonstrated experience conducting comprehensive assessments of building mechanical systems, particularly Variable Refrigerant Flow and HVAC systems used in large educational or public facilities. Examples include industry-recognized HVAC certifications, manufacturer-specific VRF training, and coursework related to VRF system design, commissioning, or control.

These certifications are not mandatory but will be considered as favorable indicators of the

Consultant’s capability to perform though and technically sound evaluation of the VRF systems.

2.5 Maximum Contract Value

The maximum contract value for this requirement is $150,000

2.6 Contract Type

This is a Firm-Fixed Price Contract.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

N/A

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise fails to satisfy the terms and conditions of the Contract until such time as the

Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract.

In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

By the Due Date (and time) of Proposal submission, and as an addendum to its Financial

Proposal, Offerors shall include (in the form/format of their choosing) a Payment Schedule for all

RFP for The Comptroller of Maryland Page 13 of 39 tasks and deliverables required herein. This is a Firm Fixed Price contract. Because the State understands that withholding payment until completion of all required tasks and deliverables may be financially burdensome to the Small Businesses it seeks to contract with under this RFP, the

State is allowing responsive Offerors to propose a Payment Schedule for the State’s consideration. Note that the State may reject, accept, negotiate, clarify, and/or discuss the proposed Payment Schedule before its implementation.

3.3.2 Deliverable Invoicing

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment.

Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf).

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

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this RFP.

A. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel.

B. Routine Travel is defined as travel within a 50-mile radius of the COM’s base location, as identified herein the RFP, or the Contractor’s facility, whichever is closer to the consulting or work site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

C. Non-routine Travel is defined as travel beyond the 50-mile radius of COM’s base location, as identified herein the RFP, or the Contractor’s facility, whichever is closer to the consulting or work site. Non-routine travel will be reimbursed according to the

State’s travel regulations and reimbursement rates, which can be found at:

www.DBM.maryland.gov - search: Fleet Management. If Non-Routine travel is conducted by automobile, the first 50 miles of such travel will be treated as Routine

Travel and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the

RFP or Work Order.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 – Sample Contract.

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

3.5 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state

RFP for The Comptroller of Maryland Page 14 of 39 how the Contractor will address problem situations as they occur during the performance of the

Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

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

C. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

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

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

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

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business

Days after the start of each Contract year .

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

3.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The successful Offeror shall register using the COT/GAD X-10 Vendor

Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX

10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 -

RFP for The Comptroller of Maryland Page 15 of 39

Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.10 Conflict of Interest Affidavit and Disclosure

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

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services . The Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.11.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Proposal.

3.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy

Working Families Act Information: https://dllr.state.md.us/paidleave/.

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

Products and Services (EPPs) https://dllr.state.md.us/paidleave/

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

3.14 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

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

B. 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.

3.14.2 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.

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

Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.14.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.14.6 Subcontractor Insurance

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

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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3.15 Non-Compete Clause Prohibition

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

Offeror, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

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4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal

Conference (Conference) summary and attendance sheet, Offerors’ questions and the Procurement

Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Proposal Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a offeror’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the RFP requirements and the socio-economic goals for this solicitation.

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

In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the

Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

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

RFP for The Comptroller of Maryland Page 19 of 39

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

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this RFP, must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in 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.

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

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

4.5 Proposal Due (Closing) Date and Time

Proposals must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.03.02.F and 21.05.02.10, Proposals received after that date will not be considered. Requests for extension of this date or time shall not be granted.

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

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

Proposals will not be opened publicly.

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

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

4.7 Public Information Act Notice

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 (See also RFP Section 5.3.2.

Table A, Tab B “Claim of Confidentiality”). This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical

Proposal and if applicable, separately in the Financial Proposal.

RFP for The Comptroller of Maryland Page 20 of 39

Offerors are advised that, upon request for this information from a third party, the Procurement

Officer is required to make an independent determination whether the information must be disclosed.

4.8 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 Offerors of the time and place of oral presentations.

4.9 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, best and final offers if requested (see Section 6.5.2), 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.

4.10 Revisions to the RFP

4.10.1 All revisions to the RFP before the due date for Proposals will be published in an addendum to the RFP and posted on eMMA and reasonable effort will be made 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 is the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

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

Proposal due date in the Transmittal Letter accompanying the Offeror’s Technical

Proposal.

4.10.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

4.10.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

4.10.5 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 reasonably susceptible of being selected for award.

4.11 Cancellations

4.11.1 This RFP may be cancelled as provided in COMAR 21.06.02.02.

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

Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

4.11.3 The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

RFP for The Comptroller of Maryland Page 21 of 39

4.11.4 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.11.5 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the

State determines that the services can be provided more cost effectively by the public institution of higher education, then the RFP may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

4.12 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a

Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

4.13 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.14 Offeror Responsibilities

4.14.1 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.

Offerors must be able to provide all goods and services and meet all of the requirements requested.

4.14.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or

Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this RFP (see “Appendix 4

- MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

4.14.3 If the Offeror is the subsidiary of another entity, all information submitted by the

Offeror, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.14.4 A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be

RFP for The Comptroller of Maryland Page 22 of 39 directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.15 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, attached hereto as Exhibit 2

– Sample Contract. Any exceptions to this RFP or the Contract shall be clearly identified in the

Executive Summary of the Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s Proposal. The State reserves the right to accept or reject any exceptions.

4.16 Compliance with Laws/Arrearages

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

Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.17 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at 123 Market Place Baltimore, MD 21202.

For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

4.18 False Statements

Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact; or

C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

RFP for The Comptroller of Maryland Page 23 of 39

5 Proposal Format

5.1 Two Part Submission

Offerors shall submit Proposals in separate volumes (or envelopes):

A. Volume I –Technical Proposal

i. Technical Proposal shall be submitted by the due date and time stated on the Key

Information Summary Sheet, page iii of the RFP.

Financial Proposal submitted at the same time as the Technical Proposal.

B. Volume II – Financial Proposal

i. Financial Proposal shall be submitted by the due date and time stated on the Key

Information Summary Sheet, page iii of the RFP.

5.2 Proposal Delivery and Packaging

5.2.1 Proposals delivered by courier, postal service, facsimile, or email shall not be considered.

5.2.2 Pricing information shall not be included in the Technical Proposal. Pricing information shall not be included on the media submitted in the Technical

Proposal.

5.2.3 Proposals shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

5.2.4 The Procurement Officer must receive all electronic Proposal materials by the

RFP due date and time specified in the Key Information Summary Sheet. Requests for extension of this date or time will not be granted. Except as provided in

COMAR 21.05.03.02F, Proposals received by the Procurement Officer…