MDE_RFP_U00R5600172_PFAS_Fire_Fighting_Foam_pick-up_and_disposal_Final.pdf

PFAS Firefighting Foam Concentrate Pick-up and Disposal

Solicitation #: U00R5600172 RFP Document

RFP for Maryland Department of the Environment Page 1 of 125

STATE OF MARYLAND

MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE)

REQUEST FOR PROPOSALS (RFP)

PFAS FIREFIGHTING FOAM CONCENTRATE PICK-UP AND

DISPOSAL

RFP NUMBER U00R5600172

ISSUE DATE: MARCH 18, 2025

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

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. 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://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

RFP for Maryland Department of the Environment Page 2 of 125

STATE OF MARYLAND

MARYLAND DEPARTMENT OF THE ENVIRONMENT(MDE)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services- PFAS Firefighting Foam Concentrate Pick-up and Disposal

Solicitation Number: U00R5600172

RFP Issue Date: March 18, 2025

RFP Issuing Office: Maryland Department of the Environment (“MDE” or the “Department”)

Procurement Officer: June Dwyer 1800 Washington Blvd, Baltimore, MD 21230

Email:

Phone Number:

June.dwyer1@maryland.gov 410-537-4014

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number U00R5600172 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:

April 3, 2025 9:30 am Local Time, at 1800 Washington Boulevard, Baltimore MD 21230 – Montgomery Park Business Center See Section 4.3 for additional details.

See Attachment 2 to RSVP by April 2, 2025 to Attend

Questions Due Date and Time:

April 9, 2025 4:00 pm Local Time

Proposal Due (Closing) Date and Time:

April 24, 2025 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).

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MBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of twenty-five (25) percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

N/A for African-American MBEs;

3% for Asian-American MBEs;

2% for Hispanic-American MBEs; and 10% for Woman-Owned MBEs.

The remaining 10% is the Prime’s choice of designation.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE Subcontracting Goal:

This solicitation includes a VSBE participation Goal of 0%

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 5 for information about the VSBE program and goals.

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Indefinite quantity with fixed unit prices.

Contract Duration: Two (2) years with a one (1) year option.

Primary Place of Performance:

Statewide

SBR Designation: Yes

Federal Funding: No

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Deliverables

2.5 Experience and Personnel

2.6 Substitution of Personnel

2.7 Supplemental Category of Work Requirements and Responsibilities B. On-Site Security Requirement(s)

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

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4.3 Pre-Proposal Conference

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

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 Submission Information and Instructions

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)

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Appendix 5. VSBE Participation Goal Appendix 6. Living Wage Requirements for Services & Facilities Maintenance Contracts

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

1.1.1 The Offeror shall have at least three (3) years of experience providing hazardous waste hauling services.

1.1.1.1 Required Documentation: The Offeror shall provide with its Proposal documentation of having provided these services to clients within the United States of America.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Request for Proposals (RFP) is issued to procure the goods or services, as specified in this Section 2, from a contract between the selected offeror and the State of Maryland (“State”). The Maryland Department of the Environment (“MDE” or “the Department”) is issuing this Request for Proposals (RFP) to implement a program to pick up, transport, and safely dispose of PFAS-containing firefighting foam concentrate used to extinguish certain types of fires from participating fire departments across the State of Maryland.

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

2.1.3 MDE intends to make one award as a result of this RFP. See RFP Section 6.5 Selection Procedures for more Contract award information.

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

2.2 Background and Purpose

In 2022 the Maryland General Assembly passed the George “Walter” Taylor Act. The Act was passed in part to prohibit a person from using, manufacturing, or knowingly selling or distributing Class B fire-fighting foam that contains intentionally added PFAS chemicals in the State on or after January 1, 2024.

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0273/?ys=2022rs

2.2.1 Project Goals

The overall goal of this RFP is to obtain qualified hazardous waste management companies to assist MDE with the safe pick-up, transport, and disposal of PFAS-containing fire-fighting foam concentrate from eligible and willing fire departments throughout the state, as identified by MDE and per the George Walter Taylor Act (Senate Bill 0273), Sections 6- 1603E and 6-1604 of the Environmental Article, Annotated Code of Maryland.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State project team consists of the Director of the Land and Materials Administration, the Solid Waste Program Administrator, Program technical and administrative staff, and other State staff as needed.

2.2.3 Other State Responsibilities

MDE will identify the location and condition of the containers of PFAS-containing firefighting foam and provide contacts at the fire departments located across the state so that the Contractor can obtain access. Scheduling of pickups will be coordinated between MDE and the Contractor and may be subject to specific Work Orders.

The State will make available information to facilitate the Contractor’s performance and provide additional assistance and services specifically set forth in the RFP.

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0273/?ys=2022rs

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2.2.4 Existing Reporting

MDE possesses information concerning the location, means of storage, volume, and condition of the containers from fire departments across Maryland, which is available to Offerors as Appendix 3 in this RFP. This list may be updated and additional fire departments with stockpiles of PFAS-containing foam may be added to the list as information is received by MDE.

2.2.4.1 It is understood that this contract may not be sufficient to pick up all PFAS-containing firefighting foam concentrate that exists in Maryland.

2.3 Contractor Responsibilities and Tasks

2.3.1 PFAS Foam Concentrate Pick-up. The Contractor(s) shall perform pick-up, transport, and disposal services of PFAS fire-fighting foam concentrate for eligible and willing fire departments throughout the state as directed by MDE through work orders. Maryland law prohibits the disposal of these materials in a landfill or incinerator in Maryland. Transportation and disposal must occur outside of Maryland.

2.3.2 MDE does not know whether additional fire departments have stockpiles of PFAS-containing foam as not all fire departments have responded. Additional departments or stockpiles may be added to the list as information is obtained.

2.3.3 Regulatory requirements. PFAS-containing firefighting foam concentrate will be picked up and transported following all regulatory requirements for the management of controlled hazardous substances to a permitted hazardous waste incinerator or other preferred method of disposal outside of Maryland. These include the Maryland regulations under COMAR 26.13 (see https://mde.maryland.gov/programs/Permits/Pages/ComarOnline.aspx ) and any U.S. Department of Transportation requirements for the interstate transport of these materials.

2.3.4 MDE requirement. The Contractor shall track and report expenditures, and coordinate pick-ups with the Contract Monitor so that the funds allocated are not exceeded.

2.3.5 Disposal Site Restrictions

2.3.4.1 PFAS-containing firefighting foam concentrate may not be disposed of at any landfill or incinerator located in Maryland.

2.3.4.2 If a disposal method that is not landfilling or incineration becomes available within the State of Maryland, the Contractor may request authorization to use the alternative facility or method, but it may be utilized only with the approval of MDE following review of data describing the process and documenting PFAS destruction efficiency to the satisfaction of MDE.

https://mde.maryland.gov/programs/Permits/Pages/ComarOnline.aspx

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2.3.4.3 Any disposal facility located outside of Maryland must be authorized by the state, territory, or country in which the facility is located to accept PFAS foam concentrate.

2.3.4.4 Vehicle Certification. Any vehicle used to haul PFAS foam concentrate must have a current Maryland Controlled Hazardous Substance Vehicle Certification – see 2.17 CHS Hauler and Vehicle Certification.pdf (maryland.gov)

2.3.4.5 Scheduling of PFAS-containing Foam Concentrate. The Contractor shall coordinate the pick-up of PFAS-containing firefighting foam concentrate with the Contract Monitor. Pickups shall be made within ten (10) business days of notification by the Contract Monitor that containers of PFAS-containing foam at a specific location are ready to be picked up.

2.3.4.6 Transportation and Storage. Storage of picked-up PFAS-containing foam concentrate may not occur in Maryland for longer than 24 hours unless approved by MDE. The storage conditions during transportation must be the same as those for temporary stoppage during transport of controlled hazardous substances described in COMAR 26.13.04.01E (see Pages - 26.13.04.01.aspx (maryland.gov)) .

2.3.6 Contractor-Supplied Hardware, Software, and Materials

The Contractor shall supply all equipment needed to safely pick up and transport the PFAS-containing firefighting foam concentrate, including personal protective equipment; overpack containers for deteriorated containers; hand trucks, carts, or other manual transportation equipment; appropriate labels; spill containment and cleanup supplies; and any other necessary equipment.

2.4 Deliverables

2.4.1 Deliverable Submission

2.4.1.1 Documentation of Pick-up. The Contractor(s) shall report that a pick-up has occurred via email to the Contract Monitor within one (1) business day of the date that the pick-up has occurred. The notification shall include the date, time and location from which the pick-up occurred; the tracking number assigned by MDE; the amount picked up; the vehicle certification number; and any issues with respect to the pick-up (e.g., an overpack drum was used to contain a degraded container, etc.).

2.4.1.2 Documentation of Shipment. The Contractor(s) shall report that a shipment has occurred via email to the Contract Monitor within one (1) business day of the date that the shipment has occurred. The notification shall include the date, time and location from which the shipment occurred; the amount of PFAS-containing firefighting foam concentrate shipped; if shipped via a motor vehicle, the vehicle certification number; the locations from which the foam concentrate was picked up; the identity and address of the facility to which the https://mde.maryland.gov/programs/permits/LandManagementPermits/Documents/2.17%20CHS%20Hauler%20and%20Vehicle%20Certification.pdf https://dsd.maryland.gov/regulations/Pages/26.13.04.01.aspx https://dsd.maryland.gov/regulations/Pages/26.13.04.01.aspx

RFP for Maryland Department of the Environment Page 11 of 125 shipment is directed; and any issues with respect to the pick-up (e.g., an overpack drum was used to contain a degraded container, etc.).

2.4.1.3 Documentation of Delivery. The Contractor(s) shall report that a shipment has been received by the disposal facility via email to the Contract Monitor within 1 business day of the date that the pick-up has occurred. The notification shall include the date and time the shipment arrived; the amount received and the date of final disposal.

2.4.1.4 Documentation of Final Disposal. If the date of final disposal is different than the date of delivery to the disposal site, the Contractor(s) shall obtain from the disposal site the date when the shipment was finally disposed of.

2.4.1.5 Monthly Summary. The Contractor(s) shall submit to MDE by the 10th day of each month a summary of the pick-ups, disposal deliveries, dates of final disposal, and costs that occurred during the preceding calendar month. Unless otherwise required by the Contract Monitor, these may be emailed to MDE.

2.4.1.6 Manifests. These notification requirements do not supersede the requirements for filing a hazardous waste manifest in accordance with State and federal regulations if the material being transported is a hazardous waste.

2.4.1.7 Document Format. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office within two (2) versions of the current version. At the Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

2.4.1.8 Deliverable Review Cycle. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor(s). This review process is entered into when the Contractor completes a deliverable.

2.4.1.9 Draft Versions Upon Request. For any written deliverable, the Contract

Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two (2) weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality.

2.4.2 Deliverable Acceptance

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2.4.2.1 Deliverable Acceptability. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.4 Deliverable Descriptions/Acceptance Criteria.

2.4.2.2 Deliverable Review. The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

2.4.2.3 Notice of Acceptance. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in an email. Following the return of the deliverable indicating “Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the acceptance email or payment may be withheld.

2.4.2.4 Deliverable Rejection. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

2.4.3 Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

2.4.3.1 Be presented in a format appropriate for the subject matter and depth of discussion.

2.4.3.2 Be organized in a manner that presents a logical flow of the deliverable’s content.

2.4.3.3 Represent factual information reasonably expected to have been known at the time of submittal.

2.4.3.4 In each section of the deliverable, include only information relevant to that section of the deliverable.

2.4.3.5 Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

2.4.3.6 Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

2.4.3.7 Contains no structural errors such as poor grammar, misspellings or incorrect punctuation.

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2.4.3.8 Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

2.4.3.9 A draft written deliverable may contain limited structural errors such as incorrect punctuation and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

2.4.4 Deliverable Descriptions/Acceptance Criteria

In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

Deliverables Summary Table*

ID # Deliverable Description

Acceptance Criteria Due Date / Frequency

2.4.1.1 Documentation of Pick-

up Confirmation and written acceptance of pick-up documents by the Contract Monitor.

This confirmation may be via email.

1 business day after a pick-up has occurred.

2.4.1.2 Documentation of

Shipment Confirmation and written acceptance of shipment documentation by the Contract Monitor. This confirmation may be via email.

1 business day following shipment.

2.4.1.3 Documentation of

Delivery

Confirmation and written acceptance of delivery by the Contract Monitor. This confirmation may be via email.

1 business day after delivery at the disposal facility.

2.4.1.4 Documentation of Final

Disposal

Confirmation and written acceptance of delivery by the Contract Monitor. This confirmation may be via email.

1 business day after notification of final disposal.

2.4.1.5 Monthly Summary Confirmation and

written acceptance of the monthly summary by the Contract Monitor. This may be via email.

10th day of each month

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*The deliverables summary table may not list every contractually-required deliverable. Offerors and Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

2.5 Experience and Personnel

2.5.1 Preferred Offeror Experience

The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability and references evaluation factor from Section 6.2):

A. Demonstrated knowledge and capability to direct the activities to be performed under this Contract through previous experience or current performance on contracts of a similar nature.

B. Knowledge of PFAS and related contaminants and their effect on the environment and knowledge of proper transportation and handling of PFAS.

2.5.2 Personnel Experience

THIS SECTION IS INAPPLICABLE TO THIS RFP.

2.5.3 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

2.6 Substitution of Personnel

2.6.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

2.6.2 Definitions

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

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave Act; an Incapacitating injury or Incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

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

2.6.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.6.

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1. A detailed explanation of the reason(s) for the substitution request;

2. The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3. The official resume of the current personnel for comparison purposes; and

4. Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

2.6.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, Department policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 2.6.4.A.2.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

3. Should performance issues persist despite an approved Remediation Plan, the Contract Monitor may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified

RFP for Maryland Department of the Environment Page 16 of 125 substitute, including requiring the immediate removal of the Contractor Personnel at issue.

4. Replacement or substitution of Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

5. If the Contract Monitor determines to direct substitution under 2.6.4.A.1, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor.

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

6. In circumstances of directed removal, the Contractor shall, in accordance with paragraph 2.6.4.A.1 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement

1. To replace any Key Personnel in a circumstance other than as described in 2.6.4.A including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.6.3.B. to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

C. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor shall replace Key Personnel whenever a sudden vacancy occurs

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.6.3.

2. Under any of the circumstances set forth in this paragraph C, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.6.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

D. Key Personnel Replacement Due to an Indeterminate Absence

1. If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under Section 2.6.3.

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

2.6.5 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden

RFP for Maryland Department of the Environment Page 17 of 125 termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

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

2.7 Supplemental Category of Work Requirements and Responsibilities A. Security Requirements- The following requirements are applicable to the Contract:

1. 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.

2. 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.

B. On-Site Security Requirement(s)

1. Contractor Personnel may be subject to random security checks when entering and leaving State secured areas and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

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

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

4. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art.

Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of

RFP for Maryland Department of the Environment Page 18 of 125 any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

C. The Contractor shall obtain criminal background checks on candidates it sends for employment under the Contract. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity.

D. The Contractor shall provide the Contract Monitor with certification of completion of the required criminal background check described in this RFP for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

E. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed and documented by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

F. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

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RFP for Maryland Department of the Environment Page 19 of 125

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

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

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.

RFP for Maryland Department of the Environment Page 20 of 125

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.3.2 Deliverable Invoicing

Deliverable invoices shall be accompanied by a signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed notice is not submitted.

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.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

Inapplicable because there is no MBE goal for this RFP.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

3.5 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 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;

RFP for Maryland Department of the Environment Page 21 of 125

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

A. Additional services may be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for fixed price and may include additional locations as referenced in Section 2.2.3 and 2.3.2 of this RFP.

B. Work Order Requests (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf) for the provision of services or resources that are within the scope of this RFP will be issued to the Contractor. The Work Order Request will include:

1. Technical requirements and description of the service or resources needed;

2. Performance objectives and/or deliverables, as applicable;

3. Due date and time for submitting a response to the request; and

4. Required place(s) where work must be performed.

C. The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

1. A response that details the Contractor’s understanding of the work;

2. A price to complete the Work Order Request using the format provided (see online sample).

3. An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

4. Contractor’s expectations for State-furnished information, work site, and/or access to equipment, facilities, or personnel

5. The proposed personnel resources, including any subcontractor personnel, to complete the task.

D. For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this RFP. For a fixed price Work Order, the Contract Monitor will review the response and will confirm the proposed prices are acceptable.

E. The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

F. Proposed personnel on any type of Work Order shall be subject to the State’s prior approval.

The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

G. Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf

RFP for Maryland Department of the Environment Page 22 of 125

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

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. Payment by EFT is mandatory for contracts exceeding $200,000. 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: https://www.marylandtaxes.gov/divisions/gad/eft-program.php

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

https://gomdsmallbiz.maryland.gov/Pages/Business-Resources.aspx

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 under the Contract or individual Work Orders issued under 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 https://www.marylandtaxes.gov/divisions/gad/eft-program.php https://www.marylandtaxes.gov/divisions/gad/eft-program.php https://gomdsmallbiz.maryland.gov/Pages/Business-Resources.aspx

RFP for Maryland Department of the Environment Page 23 of 125 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.