Local Telecommunications Services RFP 2023 FINAL.pdf

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES (DGS)

REQUEST FOR PROPOSALS (RFP)

LOCAL TELECOMMUNICATIONS SERVICES

RFP NUMBER: 001B2600465

ISSUE DATE: JANUARY 18, 2023

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.

Local Telecommunications Services Solicitation #: 001B2600465 RFP Document

RFP for Department of General Services Page ii of 82

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: Local Telecommunications Services Solicitation No: 001B2600465

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 Department of General Services Page iii of 82

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES (DGS)

KEY INFORMATION SUMMARY SHEET

Request for Proposals IT- Local Telecommunications Services

Solicitation Number: 001B2600465

RFP Issue Date: 1/18/2023

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

Procurement Officer: Tyler Russell 45 Calvert Street Annapolis, Maryland 21401 e-mail:

Office Phone:

tyler.russell@maryland.gov 410-260-7681

Proposals are to be sent to: Submit Via eMMA

Pre-Proposal Conference: February 1st @ 2 PM Local Time Virtual Conference by Calendar Invitation from Procurement Officer Only See Attachment A for directions and instructions.

Questions Due Date and Time February 15th @ 4 PM Local Time

Proposal Due (Closing) Date and Time:

March 1st @ 4 PM Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page ii).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite Quantity with Fixed Unit Prices

Contract Duration: Five (5) year base period with one (1) five-year option period; One

(1) year transition period.

Primary Place of Performance:

Statewide

SBR Designation: No

Federal Funding: NA mailto:Kristal.Burgess@maryland.gov

RFP for Department of General Services Page iv of 82

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Purpose

2.3 Account Access

2.4 Service Requirements

2.5 General Requirements

2.6 Transition-In and Transition-Out

2.7 Service Order Fulfillment

2.8 Procedure for Adding a Service Offering, Tax, or Surcharge

2.9 Service Center and Trouble Reporting Capabilities

2.10 Training and Documentation

2.11 Reports and Meetings

2.12 Individual Case Basis (ICB) Contract

3 Contractor Requirements: General

3.2 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Problem Escalation Procedure

3.7 Experience and Personnel

3.8 Substitution of Personnel

3.9 Minority Business Enterprise (MBE) Reports

3.10 Veteran Small Business Enterprise (VSBE) Reports

3.11 Work Orders

3.12 Additional Clauses

3.13 Electronic Transaction Fee

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

RFP for Department of General Services Page v of 82

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

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4.39 Maryland Healthy Working Families Act Requirements

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

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

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

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Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offer Information Sheet

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Department of General Services Page 2 of 82

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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

Proposals (RFP) in order to procure local access to telecommunications services for the State of Maryland. Maryland consists of four (4) Local Access Transport Areas (LATA):

• LATA236 Washington

• LATA238 Baltimore

• LATA240 Hagerstown

• LATA242 Salisbury

2.1.2 The State has hundreds of locations where local access is required. Not all services are required at each location. Customer Premises Equipment includes Single Line Analog stations, IA2 Key Systems, Electronic Key Systems, Small PBXs, and Large PBXs.

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

2.1.4 The Department intends to make a single award across all LATAs for local telecommunications services. The State will not accept multiple carriers under a single proposal.

2.1.5 Offerors may provide required services as a reseller or provide services directly from their facilities.

2.1.6 Offerors will not use the State’s private network to provide any services listed within this RFP.

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

2.1.8 The Contract applies exclusively to all entities to which Subtitle 3 of Title 3A of the State Finance and Procurement Article is applicable pursuant to Section 3A-302 of the State Finance and Procurement Article.

2.1.9 A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.1.10 Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

• Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity;

• Shall not constitute purchases by the State or State agencies under the Contract;

• Shall not be binding or enforceable against the State; and

• May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.11 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of

RFP for Department of General Services Page 3 of 82 determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Purpose

This RFP is being issued to procure local access telecommunications services for the State of Maryland. The resulting Contract is between DGS and the Contractor and DGS shall have access to all account on the resulting Contract. The Contract will provide the State with local services to include: Business Lines, Foreign Exchange Lines, Analog and Digital Trunk Lines (DID/DOD), ISDN PRIs, Customer Interfaces, Network-Based Business Lines, DID number blocks, Diverse Routing and Dual Homing Capability, Switch Re-direct and Remote Call Forwarding Capability, Network Voice Mail, and Operator Assistance.

2.3 Account Access

2.3.1 Account information shall be available to authorized representatives of DGS, DoIT and the

Requesting/Billed Agency for each account created or transitioned under the resulting Contract (“Authorized Representatives” pursuant to the requirements of this section).

A. DGS and DoIT shall have full access for all accounts created and/or transitioned under the resultant Contract in addition to the Requesting/Billed Agency that manages each individual account.

B. The Contractor shall provide account access to the appropriate Requesting/Billed Agency personnel for each account under the Contract in accordance with this section.

1) Contractor provides consent for access to account information by the Authorized Representatives. Contractor agrees such information may include Customer Proprietary Network Information (“CPNI”), the disclosure of which is governed by 47 U.S.C. section 222, and applicable regulations; and

2) DGS and DoIT shall have the ability to access account information from any account under the resulting Contract.

2.3.2 The Contractor shall enforce appropriate account access and permissions such that only authorized personnel may modify or view account-level information associated with that account.

2.3.3 Account access for Authorized Representatives shall include the ability to:

A. Order, cancel, modify, or obtain status on a service order (e.g., change order). See also Section 2.8

B. Open, cancel, modify, or obtain status on a repair (e.g., trouble ticket). See also Section 2.9

C. View and update account billing information. See also Section 2.3.5.

D. View and update an account with which a phone number is associated.

2.3.4 Information and/or access for DGS, DoIT and the Requesting/Billed Agency to accounts and individual phone numbers shall be possible by any mechanism available, including but not limited to telephone requests, email requests, web access (including web portals), and account reports.

2.3.5 The Contractor shall provide web-enabled billing management/account management tools.

2.4 Service Requirements

2.4.1 The Contractor shall provide local telecommunications service offerings to the State that include:

RFP for Department of General Services Page 4 of 82

1. Business Lines

2. FX Lines

3. Analog and Digital Trunks (DID/DOD including individual trunks). DID blocks are for 20 numbers.

4. ISDN PRIs

5. Network Based Business Lines (e.g., Centrex services)

6. Operator Assistance

7. Diverse Routing and Dual Homing Capability

8. Switch Re-direct and Remote Call Forwarding Capability

9. Network Voicemail

2.4.2 The Contractor shall adhere to all applicable ratified industry standards (e.g., Bellcore, American National Standards Institute (ANSI), FCC, Electronic Industries Association (EIA)/Telecommunications Industries Association (TIA)) for all services provided. The exception to these requirements is if a service-specific standard is explicitly specified in the service description.

Compliance with the latest versions of standards is required throughout the duration of the Contract.

A schedule will be established by the State to implement new standards or changes to existing ones. New implementations and/or changes to maintain conformance with Contractor imposed standards shall be made at no additional cost to the State.

2.4.3 Performance. The Contractor shall be responsible for all aspects of service quality, reliability, interconnectivity, and interoperability of services up to the points of interface (Demarc).

Performance parameters shall meet or exceed the following:

A. The grade of service (GOS) of blockage at any location shall not exceed 3 percent for access, 3 percent for egress, and 1 percent for transport. The GOS shall be determined using the State location’s average monthly business day busy hour traffic data. The Preston Street Complex Location Group is just one example of a Statelocation which would require monthly statistics for GOS.

B. The availability of acquired services shall be at least 99.5 percent.

2.4.4 The Contractor shall have a plan for ensuring full interoperability among networks, services, and features. Partial interoperability is unacceptable. The service Contractor’s capabilities shall include but are not limited to interoperation with the PSTN and any other network or system that is interoperable with the PSTN

2.4.5 The Contractor shall provide network intercept to recorded announcements as an inherent network capability when a call or call-attempt cannot be completed. At a minimum, such announcements shall be provided for the following conditions: number disconnected, number reassigned, partial dial, incorrect number of digits dialed, time-out during dialing, network congestion, denial of access to features, and other related conditions.

RFP for Department of General Services Page 5 of 82

2.5 General Requirements

2.5.1 Subcontractors. The Contractor shall identify all subcontractors and shall include a complete description of their role. The Contractor shall strive to maintain the subcontractors as originally proposed to the State. Any changes or additions by the Contractor of their subcontractors shall be pre-approved by the Contract Manager.

The Contractor shall be responsible for all work performed by its Subcontractor(s).

2.5.2 The Contactor’s work shall be executed in such a manner that it does not disrupt day-to-day functions of the Agency or cause any unauthorized disruptions to existing telecommunications services. Therefore, the Contractor shall schedule on-site work through State designated site contacts.

2.5.3 Process to Validate State Telephone Numbers and Circuit IDs. The Contractor shall document a methodology to be used for the length of the Contract that allows State agencies to determine if a telephone number and/or circuit ID is associated with an account that is part of the resulting Contract.

The methodology shall accept both electronic inquiries and telephone inquiries.

A response to an inquiry shall be provided no later than three (3) business days. The response shall identify the telephone number and/or circuit ID in question plus a statement identifying whether the telephone number is or is not on a State account.

A. If the number is on a State account and belongs to the same agency as the requester, the account number shall be provided with the response.

B. If the number is on a State account and does not belong to the same agency as the requester, the Contractor shall provide to the requestor the agency that owns the account with the response.

C. If the number is not on a State account, the Contractor shall provide the requestor with the response that the number is not on a State account.

2.5.4 The Contractor shall provide a mechanism to correct ownership for telephone numbers and/or circuit IDs assigned to any account under the State contract. The authorization for initiating changes shall be consistent with the access permissions as described in Section 2.3, Account Access. The correction shall be completed within 30 days, shall be displayed on the State’s web portal of accounts.

2.5.5 The Contractor shall provide a mechanism to perform an audit of services that appear on an invoice. When requested, this audit of services shall be performed at no additional charge, shall be completed within 30 days of request, and shall indicate any services billed on the invoice that have been used within the last 90 days.

2.5.6 Out of Scope. Explicitly out of scope for this Contract are the following: Long Distance Services, Toll Free Services, Data Services, and Directory Assistance. Directory Assistance shall be blocked on all accounts under the resulting State contract.

2.5.7 Invoicing Requirements. The Contractor shall comply with invoice labeling and invoicing increment requirements as defined in Section 3.2, Invoicing.

2.5.8 Extended Demarc. The Contractor shall provide the ability for the Requesting/Billed Agency to request an Extended Demarc as part of installation services.

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2.6 Transition-In and Transition-Out

2.6.1 The Contractor shall provide a project manager who shall create a transition-in and transition-out plan for each LATA. The project manager shall be assigned to the project until the transition-in has been completed.

A. The transition-in shall take no longer than 365 days after notice to proceed (NTP).

B. The transition-in shall be complete when all items identified in Section 2.6.2 have been accepted by the Contract Manager as being successfully completed.

2.6.2 It is the Contractor’s responsibility to ensure that at the end of the transition period, all accounts transitioned or active under the resulting Contract shall:

A. Follow the State’s naming convention in order to create a unique name for every account in the resulting contract. The format of the naming convention for the Local Telecommunications Service contract shall be SOMD XXX “Identifier” where:

• SOMD is the first word of the name. (The acronym SOMD may only be used for the accounts under this resulting contract).

• XXX is an agency’s approved acronym (generally three to five characters).

• The “Identifier” is defined by the Requesting/Billed Agency. It should have meaning to the agency to identify the account and be unique within the agency.

B. Display a corrected mailing address as submitted by the State.

C. Consolidate any accounts as requested by the State at no additional charge to the State.

D. All web portal logins have the appropriate access permissions assigned to the web logins for both the Requesting/Billed Agency and the DGS Contract Manager.

2.6.3 The process for State agencies to validate ownership of telephone numbers, and the process to correct accounts according to the requirements described in Section 2.5.3 and Section 2.5.4 are documented and are in place.

2.6.4 The Contractor shall provide a project manager to support a smooth transition-out period at the end of the Contract. A draft of the Transition-Out Plan should be provided 365 Business Days in advance of Contract end date. The services to be provided are:

A. Providing inventory reports on demand during the transition period, B. Clarifying whether telephone number and/or circuits are on a State-owned account, and

C. Attend transition meetings as requested by the DGS Contract Manager and act as the Contractor’s liaison to the transition project.

D. The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Department of General Services and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department of General Services or a designee;

5) Any final training/orientation of Department of General Services staff;

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6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments as well as the general business practices of the Department of General Services;

b) Review with the Department of General Services the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

e) A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

E. The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

F. The Contractor shall provide copies of any current daily and weekly back-ups to the Department or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

G. Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 2.6.8.

2.6.5 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 365 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

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

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

C. Provide updated System Documentation (see Appendix 1), as appropriate; and

D. Provide current operating procedures (as appropriate).

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

2.6.7 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

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2.6.8 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

B. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

2.7 Service Order Fulfillment

2.7.1 Tariff services not designated on the Financial Proposal shall not be billed to any

Requesting/Billed Agency under the Contract without a modification to the Contract. See section 2.8, Procedure for Adding a Service Offering. If either party identifies any such non-designated Tariff service on an Agency bill under this Contract, the parties will jointly work to either add such service to the Contract by modification, or prospectively terminate such service upon written request from DoIT or the Requesting/Billed Agency. If there is a service provided on another contract, the Contractor may provide that service, provided that it is billed and accounted for on that other contract.

2.7.2 Service Ordering/Cancellation Process. The Contractor shall have a service order procedure consisting of:

A. Service Order Submission

1. At least one email address to place a service order, cancel a service order, and request service order status.

2. Every email address provided shall be dedicated to State of Maryland accounts and shall only be answered by departments that service State of Maryland accounts.

3. A web-enabled capability to place a service order, cancel a service order, and request service order status.

4. A service order number shall be provided at the time of request.

5. The Contractor shall only process service orders demonstrating DoIT approval and which fall under the scope of this Contract. DoIT approval is determined by the Contractor verifying a Purchase Order (PO) has been issued with the following information visible on the PO: PO number, Contractor’s contract number, and a proper signature by the State.

6. Within three (3) Business Days of service order submission, the Contractor shall confirm to the original requestor via email the date of request, description of the service, service

RFP for Department of General Services Page 9 of 82 order number, estimated delivery date, telephone number, circuit ID, and related information.

B. Service Order Tracking

1. The Contractor shall provide a web-enabled service order tracking system with the capability to obtain service order status.

2. A detailed record of changes identifying:

(a) The date the order is scheduled to be completed.

(b) The steps of the order that have been completed.

(c) The date each step was completed.

(d) The Contractor employee that completed each step.

(e) The date the order was completed.

C. Billing charges for disconnect orders shall be stopped no more than 15 calendar days from the date the order is sent by the State.

2.8 Procedure for Adding a Service Offering, Tax, or Surcharge

2.8.1 Should new service offerings become available during the life of the Contract, the Contractor may propose new service offerings.

2.8.2 New Local Access Services Offerings throughout the life of this Contract can be effected only by contract modification approved by DoIT.

2.8.3 A contract modification shall be required prior to Contractor billing new taxes or surcharges that are instituted beyond Contractor control.

2.9 Service Center and Trouble Reporting Capabilities

2.9.1 Contractor Service Center Capabilities

The Contractor shall have Service Centers with remote maintenance capability, staffing, and security and shall provide:

(a) a 24-hour staffed service center.

(b) a dedicated Service Manager (See Section 3.7.3).

(c) service telephone numbers to the State that are answered by departments servicing State of Maryland accounts. At least one telephone number shall be provided to allow the State to cancel a repairs/trouble ticket and request repairs/trouble ticket status.

The State reserves the right to inspect the Contractor’s Service Center(s) prior to award.

2.9.2 Repairs/Trouble Tickets

The Contractor shall provide a documented procedure for standard trouble reporting and escalation of all trouble tickets to the Service Manager, to include the following minimum capabilities:

(a) A problem shall be able to be reported 7 × 24 via any of the following methods: telephone, web portal, or email.

(b) The trouble reporting procedures shall describe the process and information needed to complete a trouble ticket by any of the supported problem reporting mechanisms.

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(c) Trouble reporting procedures shall indicate the repair telephone number(s), web addresses, and/or email accounts to be used for each type of service.

(d) Telephone numbers provided to the State of Maryland shall only be answered by departments that service the State of Maryland Accounts.

(e) The trouble reporting procedures shall include procedures for how to escalate an outage for an immediate response (i.e., emergency call).

(f) The Contractor procedures shall keep the original ticket open until customer validates issue has been resolved.

(g) The current procedure shall be made available online to all TCs.

(h) All TCs shall be notified of updates to trouble reporting and trouble ticket escalation procedures.

(i) Each trouble ticket shall track data to support the following:

1) Time between problem reported and commencement of resolution actions.

2) Time between problem reported and service restoration.

3) Time of problem escalation.

4) Time between escalation and commencement of resolution actions.

5) Time between escalation and service restoration.

2.9.3 Trouble Ticket Tracking

(a) The Contractor shall provide the capability for the State to obtain trouble ticket status via a web-enabled mechanism.

(b) A detailed record of changes shall be provided for each trouble ticket starting from the original trouble ticket request to final resolution.

(c) The original requestor shall be provided email status updates and an emailed resolution notification.

2.10 Training and Documentation

The Contractor shall provide training and documentation to State employees as needed and requested by the State for any web system that supports the State accounts. Documentation must be available online. The training delivery mechanism shall be available online and on-demand (e.g., web conference or training video). The Contractor shall provide documentation and training support in compliance with applicable laws and requirements for visual and non-visual access.

2.11 Reports and Meetings

2.11.1 Status/Service Meetings

The Contractor shall hold a monthly meeting with the State as scheduled by the Contract Manager.

For each monthly meeting, the Contractor shall submit an electronic status report, itemizing all transactions between the State and the Contractor for the prior month, the planned activities and accomplishments for the current month, and any issues with a proposed solution requiring the attention of the DGS Contract Manager or DGS management. Attendees for these monthly

RFP for Department of General Services Page 11 of 82 meetings shall include but not be limited to Contractor Contract Administrator, Contractor Transition Project Manager, Contractor Billing Administrator, Contractor Service Manager, and Contract Manager and any designees.

2.11.2 Inventory Reports

The Contractor shall produce an inventory report that includes each active account billed under the resulting Contract. During the transition period, the inventory report shall be produced monthly. After the transition period has ended, the report shall be produced at a minimum of once every three (3) months. The report shall include the following information:

(a) The account number;

(b) The billing name (corresponding to naming convention in Section 2.6.2);

(c) The billing address;

(d) The phone and/or circuit ID(s) on that account;

(e) The price billed for each item listed if appropriate;

(f) The service address(es); and

(g) For each phone and/or circuit number, the associated LATA.

The report shall be available in Excel format (Excel 2013 or greater).

The DGS Contract Manager shall be notified when a new inventory report is available.

The recipients of a report shall be DGS Contract Manager.

The scope of each inventory report shall be consistent with the recipient’s access permissions as described in Section 2.3, Account Access.

2.11.3 Invoicing Reports

At a minimum of every month, the Contractor shall generate and provide to the Contract Manager a report that includes the following information for each active account invoiced under the resulting Contract:

(a) For Each Account:

• The account name (corresponding to the naming convention in Section 2.6.2 A)

• The account number;

• The total minutes for each call type (e.g., local, local toll);

• The total usage cost for each call type;

• The list of services on each account (e.g., bus lines, PRI, DID blocks);

• The total quantity and cost for each service type; and

• The total installation cost per account.

(b) For the Report Total:

• The total usage cost of all State accounts by call type;

• The total of all service charges;

• The total installation charges;

• The total cost for each account; and

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• The total number of usage minutes by call type.

The report shall be available in Excel format (Excel .xlsx format). The Contract Manager shall be notified when a new invoicing report is available.

2.11.4 Additional Reports

The Contractor shall provide additional reports for managing State accounts as requested by the DGS Contract Manager.

Additional reports shall be available via the web portal.

Access to additional reports shall be consistent with the recipient’s access permissions as described in Section 2.3, Account Access.

2.11.5 Trouble Ticket Metrics

The Contractor shall make available a report on trouble ticket metrics that provides the following information:

(a) Number of tickets opened per period (e.g., month);

(b) Average time between problem reported and commencement of resolution actions;

(c) Average time between problem reported and service restoration;

(d) Average time between escalation and commencement of resolution actions; and

(e) Average time between escalation and service restoration.

2.12 Individual Case Basis (ICB) Contract

The Contractor agrees to make any necessary filings with the Federal Communications Commission and the State of Maryland Public Service Commission, as required by law, which shall incorporate the rate-affecting terms and conditions contained in the contract documents, and which shall provide that the filings shall be construed in a manner that is consistent with the terms and conditions of this Contract. In all cases, State terms and conditions set forth in this RFP and Attachment M take precedence over any tariff terms and conditions. Contractor agrees that all pricing is monthly pricing and there are to be no termination liability charges applied to this Contract.

REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Contractor Requirements: General

3.1.1 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

B. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

C. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.2 Invoicing

3.2.1 General

A. The Contractor shall invoice the appropriate agency and signed authorization to invoice to the Contract Monitor and agency contact at their e-mail address. Paperless invoicing is permissible.

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

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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B. Bills for itemized calls shall be in six (6) second increments and display the contracted rate rather than a tariff rate with a summarized discount amount.

C. The Contractor shall clearly label the LATA associated with each service billed on an invoice.

D. An invoice shall meet the account name labeling requirements in Section 2.6.2 A.

E. For discontinued services, the invoice shall meet requirements stated in Section 2.7.2.

F. If a billing error is identified that results in an increase to an invoice, the Contractor shall retroactively bill for the lesser of the past due amount from the actual date the billing error started, or three (3) months of the discrepancy amount.

G. If a billing error is identified that results in a decrease to an invoice, the Contractor shall credit all overcharges from the original date the billing error was made until the error has been corrected.

H. If a billing error has been identified, the Contractor shall, at the Contract Manager’s request, check all State accounts from the resulting Contract to ensure the billing error has not impacted multiple State accounts. If the billing error does impact multiple accounts, each account shall have the appropriate credits/debits applied.

I. 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.

J. 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.

K. 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.

L. 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.

3.2.2 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

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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.

3.2.3 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.3 Liquidated Damages

3.3.1 MBE Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.3.2 Liquidated Damages other than MBE

3.4 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:

3.4.1 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. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000.

The State of Maryland and the Department should be added as a “loss payee.”

D. Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

E. 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.

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

3.4.2 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.

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3.4.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.4.5 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.

3.4.6 Subcontractor Insurance

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

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 Employee Identification

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

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

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

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

3.5.2 Security Clearance / Criminal Background Check

A. A criminal background check for each Contractor Personnel providing on-site services on designated high security State facility premises shall be completed prior to each Contractor Personnel providing any services under the Contract.

B. Designated high risk facilities including the following locations, facilities, or sites: a) Statehouse, Senate, and House of Delegates; b) any State correctional facility; and c) any Maryland State Policy (MSP) facility.

C. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor

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Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

D. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

E. The CJIS…