MHCC 27-013 Evaluation of Uncompensated Care Grants.pdf

SMALL PROCUREMENT

REQUEST FOR PROPOSALS (RFP)

Evaluation of Uncompensated Care Grants Provided to Federally-Qualified Health Centers and Local Health Departments

PROCUREMENT ID NUMBER: MHCC 27-013

November 12, 2026

Joan Gelrud, RN,MSN, CPHQ,FACHE Chair

Douglas Jacobs

EXECUTIVE DIRECTOR

STATE OF MARYLAND

MARYLAND HEALTH CARE COMMISSION

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposals: Evaluation of Uncompensated Care Grants Provided to Federally-Qualified Health Centers and Local Health Departments

Solicitation Number: MHCC 27-013

RFP Issue Date: November 12, 2026

RFP Issuing Office: Maryland Health Care Commission

Procurement Officer: Andrea Allen 4160 Patterson Avenue Baltimore, Maryland 21215 Phone: 410-764-8791 email: andrea.allen@maryland.gov

Contract Monitor: Name: Michelle Oswald Title: Senior Policy Advisor Phone: 410-764-3782 Email: michelle.oswald@maryland.gov

Proposals are to be sent to: Via eMMA only

Proposal Due (Closing): Friday, December 4, 2026, no later than 4 p.m. local time

Contract Type: Fixed Price

Contract Term: December 2026 - April 2028

SBR Designation: No

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: Evaluation of Uncompensated Care Grants to Federally-Qualified Health Centers and Local Health Departments

Solicitation No: MHCC 27-013

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 � Proposal requirements (other than specifications) are unreasonable or too risky

(Explain in REMARKS section) � Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section) � 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: ______________________________________________________________________

Email Address: ________________________________________________________________

Table of Contents

SECTION 1 - GENERAL INFORMATION 1

SECTION 2 – EXPERIENCE AND PERSONNEL 5

SECTION 3 – SCOPE OF WORK 6

SECTION 4 – PROPOSAL FORMAT 17

SECTION 5 - EVALUATION AND SELECTION PROCESS 20

Attachment A – Contract 23

1. Definitions 23

2. Scope of Contract 23

3. Period of Performance 24

4. Consideration and Payment 24

Attachment B – Financial Proposal 34

Attachment C – Bid/Proposal Affidavit 35

Attachment D – Contract Affidavit 35

Attachment E – Living Wage Affidavit (if applicable) 35

Attachment F – Data Use Agreement 35

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Maryland Health Care Commission (MHCC or Commission) is an independent regulatory agency whose mission is to plan for health system needs, promote informed decision-making, increase accountability, and improve access in a rapidly changing health care environment by providing timely and accurate information on availability, cost, and quality of services to policy makers, purchasers, providers, and the public. The Commission's vision for Maryland is to ensure that informed consumers hold the health care system accountable and have access to affordable and appropriate health care services through programs that serve as national models.

MHCC is seeking a contractor to perform an evaluation of grants provided to federally-qualified health centers (FQHCs) and local health departments (LHDs) to mitigate potential implications of losses of health coverage due to federal policies. The evaluation aims to measure whether shifting $25 million from hospital rate adjustments to community settings preserves access, helps avoid unnecessary emergency department (ED) utilization, and helps contain statewide health care costs.

1.1.2 The Commission intends to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. The anticipated duration of services to be provided under this Contract is December 1st, 2026 - April 30th, 2028.

1.1.3 The Commission intends to make a single award as a result of this RFP.

1.3 Procurement Method

This solicitation shall be made in accordance with the competitive sealed proposals regulations described in COMAR 21.05.03.

1.4 Procurement Officer

The sole point of contact in the State for the purposes of this solicitation prior to the award of any Contract is the Procurement Officer stated on the Key Information Summary Sheet.

1.6 eMaryland Marketplace Advantage

Each Offeror is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP.

eMMA is an electronic commerce system administered by the Maryland Commission of General Services. The RFP and associated materials, the solicitation and summary of the Pre-Proposal Conference, Offeror questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be provided via eMMA.

In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to https://emma.maryland.gov/, click on “Register” to begin the process, and then follow the prompts.

1.7 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

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

1.8 Questions

Written questions from prospective Offerors will be accepted by the Procurement Officer.

Questions to the Procurement Officer shall be submitted via email to the following email address:

(andrea.allen@maryland.gov). Please identify in the subject line the Solicitation Number and Title.

Questions are requested to be submitted at least 5 (five) business days prior to the Proposal due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

1.9 Proposals Due (Closing) Date and Time

Proposals must be uploaded to eMMA, no later than 4:00 p.m. local time on Friday, December 4th, 2026, in order to be considered.

Requests for an extension of this time or date will not be granted. Proposals received after the due date and time listed in this section will not be considered. Questions regarding this solicitation should be directed (By email only, no phone calls will be accepted) to the Procurement Officer.

1.10 Bid/Proposal Affidavit

A Proposal submitted by the Offeror must be accompanied by a completed Bid/Proposal Affidavit.

A copy of this Affidavit is included as Attachment C of this RFP.

1.11 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment D of this RFP. This Affidavit must be provided within five

(5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

https://www.egov.maryland.gov/businessexpress

1.12 Living Wage Affidavit

A. Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Maryland Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

B. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR

21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

C. Additional information regarding the State’s living wage requirement is contained in Attachment E. Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment E-1) with their Proposals. If the Offeror fails to complete and submit the required documentation, the State may determine the Offeror to not be responsible under State law.

D. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of- State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Offeror must identify in its Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

http://www.dllr.state.md.us/labor/prev/livingwage.shtml

3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

E. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07.

F. The Offeror shall identify in the Proposal the location from which services will be provided.

NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change or a change in the State minimum wage.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION 2 – EXPERIENCE AND PERSONNEL

2.1 Minimum Qualifications

The following experience is required and will be evaluated as part of the Technical Proposal:

The Offeror shall have at least five (5) years of demonstrated experience providing the following work for state or federal clients within the last five (5) years.

a. Collection and management of health care data.

b. Evaluation of health care financing programs, including analysis of spending, utilization, and health outcomes.

c. Advanced statistical and economic methods applied to the health care sector.

As proof of meeting this requirement, the Offeror shall provide with its Proposal evidence of this experience by submitting summaries and documentation of past training and/or references attesting to the Offeror’s experience.

Three (3) references are preferred. Each reference shall identify the name of the organization, point of contact, and contact number. MHCC shall have the right to contact these or other references of its choosing as part of the evaluation and selection process.

2.2 Personnel

2.2.1 Staffing Design

The Contractor may propose to augment or revise the following list of required personnel. The Contractor must demonstrate how its proposed staff model will complete the tasks in a timely fashion. Proposals must include an hourly rate for the work to be performed and an estimate of the total number of hours required to complete each task.

Labor Category Description

Project Lead

Senior health services researcher with an advanced degree in health economics, statistics, or health policy (PhD, ScD/DSc, DrPH, DNP, MS/ScM, or MPH) with at least 10 years of experience, of which at least 5 years include overseeing evaluations of health care financing programs, including analysis of spending, utilization, and health outcomes.

Programmer /Statistician

Individual trained (PhD, ScD/DSc, DrPH, DNP, MS/ScM, or MPH) in data management and advanced statistical methodologies with at least 3 years of experience conducting health services research.

Project Associate

Individual with a Bachelor’s degree or above with 2-4 years of experience providing project management and administrative support for a health care related research project.

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

3.1.1 Purpose

The Maryland Health Care Commission (MHCC) seeks a Contractor to perform an evaluation of grants provided to federally-qualified health centers (FQHCs) and local health departments (LHDs) to mitigate potential implications of losses of health coverage due to federal policies. The evaluation aims to measure whether shifting $25 million from hospital rate adjustments to community settings preserves access, helps avoid unnecessary ED utilization, and helps contain statewide health care costs. Key performance indicators may include preventable ED visit avoidance and diversion, ambulatory care-sensitive hospital admission avoidance, cost-efficiency ratios comparing the average cost per uncompensated care grant encounter versus the average benchmark cost of an ED visit for a similar patient visit, retention in care of patients supported by the grant, and/or analysis of the extent to which grant support is reaching high-need sociodemographic groups and communities.

3.1.2 Background

MHCC is a 15-member independent regulatory agency whose mission is to plan for health system needs, promote informed decision-making, increase accountability, and improve access in a rapidly changing health care environment by providing timely and accurate information on availability, cost, and quality of services to policymakers, purchasers, providers, and the public. MHCC's vision for Maryland is to ensure that informed consumers hold the health care system accountable and have access to affordable and appropriate health care services through programs that serve as models for the nation. MHCC is comprised of four Centers that collectively plan, evaluate, and regulate health care in Maryland.1

Recent federal policy changes and ongoing shifts in Medicaid eligibility will leave thousands of Maryland residents uninsured. While uninsured individuals frequently turn to hospital emergency departments (EDs) for basic health needs, this is an inefficient setting for primary care that exacerbates ED crowding and wait times. Directing grants to community safety-net providers, such as FQHCs and LHDs partnering with community-based primary care providers that offer similar comprehensive primary care, serves as an upstream intervention to improve access to primary care for those without health insurance who may live in communities with financial, geographic, and social barriers to care.

At its July 22, 2026, public Commission meeting, the Health Services Cost Review Commission (HSCRC) approved an amendment to the Rate Year 2027 Update Factor that included $25 million in one-time funding for FQHCs and LHDs, to be administered by MHCC in collaboration with the Maryland Department of Health. Funding uncompensated care through FQHCs and LHDs to

1 More information on the four Centers is available at:

mhcc.maryland.gov/mhcc/pages/home/mhcc_overview/mhcc_overview.aspx.

https://mhcc.maryland.gov/mhcc/pages/home/mhcc_overview/mhcc_overview.aspx preserve and expand access to community-based primary and preventive care aligns with the objectives and payment framework of the Achieving Healthcare Efficiency through Accountable Design (AHEAD) Model, including its statewide accountability for total cost of care and its emphasis on investment in primary care. Funding will be made available to FQHCs and LHDs for care provided beginning on January 1, 2027, through December 31, 2027. Funding will be provided to FQHCs and LHDs using a two-tiered approach:

1) A per-patient-per-month reimbursement of $150-250 for eligible patients in receipt of eligible services.

2) A performance-based quality bonus to be paid to eligible grantees at the end of the grant period.

MHCC will calculate the monthly payment rate to ensure the availability of funds throughout the full year, given projected uninsured rates. MHCC may adjust the monthly payment rate if actual spending is not keeping pace with projected spending.

The purpose of this program evaluation is to measure whether shifting $25 million from hospital rate adjustments to community settings preserves access, helps avoid ED utilization, and helps contain statewide costs. Key performance indicators in an evaluation may include preventable ED visit avoidance and diversion, ambulatory care-sensitive hospital admission avoidance, cost-efficiency ratios comparing the average cost per uncompensated care grant encounter versus the average benchmark cost of an ED visit for a similar patient visit, retention in care of patients supported by the grant, and/or analysis of the extent to which grant support is reaching high-need sociodemographic groups and communities.

Applicants must include proposed tentative key performance indicators, relevant data sources, a data collection strategy, and a high-level description of an evaluation approach with their applications.

3.2 Scope of Work – Requirements

A. Project Management

The Contractor shall:

1. Create and maintain a detailed work plan for all tasks to be completed by the Contractor. The work plan shall be updated monthly or more frequently as requested by MHCC. At a minimum, the work plan shall include:

a) Each major step of the project with specific tasks, milestones, and begin/complete dates;

b) Name(s) and position title(s) of staff members responsible for each task, and the number of hours assigned to each staff member to complete each task; and

c) Resource needs and limitations.

2. Provide MHCC with bi-weekly progress reports and as requested by MHCC; all reports shall be provided in a format acceptable by MHCC and contain, at a minimum:

a) The status of each task;

b) A description of any problems or limitations encountered and solutions to address each problem or limitation;

c) Updates to the work plan, as needed;

d) Key activities accomplished since the last progress report;

e) Key activities that are delayed and at risk of missing the completion date noted in the work plan; and

f) Key activities on the horizon.

3. Meet with MHCC virtually at least monthly or more frequently as requested by MHCC to discuss pertinent matters related to the Framework.

B. Performance Indicator Set and Data Sources

1. The contractor shall propose a set of performance indicators to be used in the evaluation. The contractor shall:

a) List the technical specifications of the indicators

b) List the source of data for each indicator

2. This task will be prioritized for timely completion to ensure FQHC and LHD data collection needs and expectations are established upon initiation of the grant program.

3. After the contractor proposes the set of performance indicators, the Contract Monitor shall consider the relevance of the indicators and feasibility of any data that would be collected from grantees.

4. The performance indicator set shall be considered complete upon approval by the Contract Monitor.

C. Data Collection and Management Plan

1. The contractor shall develop a draft plan for collecting and managing the data.

2. The data collection and management plan shall be considered finalized upon approval by the Contract Monitor.

D. Evaluation Analysis Plan

1. The contractor shall develop an analysis plan that describes how collected data will be analyzed to answer the research questions listed below, at a minimum:

(a) Was grant funding associated with avoidance of preventable ED visits and ambulatory care-sensitive hospital admissions?

(b) How much spending was potentially saved by avoidance of ED visits and hospital admissions?

(c) To what degree were uninsured patients retained in care? For example, if someone has a chronic condition that requires follow-up visits to be appropriately managed, did they continue to receive care for this chronic condition on an ongoing basis?

(d) To what degree did grant funding benefit high-need sociodemographic groups and communities?

2. The analyses to support these research questions may be FQHC-, hospital-, or geography-based depending on the data sources identified. For example, FQHC data would likely be used to analyze retention in care. Whereas analysis of avoidance of preventable ED visits and hospital admissions might be assessed at the hospital, region, or state level.

3. The analysis plan shall specify how data will be cleaned and validated to produce an analytical file. For each of the research questions, the plans shall describe the study design, proposed descriptive statistics and visualizations, applicable advanced statistical methodologies, and limitations or other considerations related to the recommended study designs and methodologies.

4. The analysis plan shall be considered finalized upon approval by the Contract Monitor.

E. Summary of Analytical Findings and Conclusions

1. The contractor shall prepare a draft 5-10 page summary (not including appendices) providing a description of the performance indicators used and applicable data sources, study design and statistical methodologies, descriptive statistics and visualizations, the results of advanced statistical modeling, limitations of the evaluation, and conclusions based on the analytic findings.

2. The summary shall include relevant literature citations, and be written in a clear and concise style that is understandable for readers with varying degrees of technical background. To maximize understanding of the content, the report should:

(a) include clear, plain-language explanations of how various methodologies work and why they are used and define technical terms (using footnotes or visuals when appropriate); and

(b) define acronyms and limit their use when not frequently repeated.

3. The summary shall be considered finalized upon approval by the Contract Monitor.

F. Commission Presentation

1. The Contractor shall prepare a PowerPoint presentation summarizing each of the sections of the final report specified in Task G1 and be prepared to present the findings at a Commission meeting following completion of the report. The Contractor shall be prepared to either present the full presentation to the Commission or support a presentation led by MHCC staff. Contractor staff may either present remotely or in-person.

3.3 Deliverables

3.3.1 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, but these supplemental tasks shall not affect the timeline of the deliverables specified below.

Deliverables Summary Table*

Deliverable Description

Acceptance Criteria Due Date / Frequency

Integrated Work Plan Microsoft Project schedule demonstrating tasks, task estimates, resource assignments, and dependencies.

Initial Delivery: Day of Kick-Off Meeting

Kick-Off Meeting Virtual Within seven (7) Business Days after initial notification of contract award

Status Reports Microsoft Word Document Bi-Weekly by COB Friday

Work Plan Updates On or before the 10th of each month

Meetings Virtual or Teleconference As requested by the Contract Monitor

Performance Indicators and Data Sources

Microsoft Word Document Draft within 1 week after initial notification of contract award

Revised within 1 week of receipt of Contract Monitor feedback

Subject to one additional round of updates if Contract Monitor determines feedback not fully addressed

Data Collection and Management Plan

Microsoft Word Document Draft within 4 weeks after initial notification of contract award

Revised within 1 week of receipt of Contract Monitor feedback

Subject to one additional round of updates if Contract Monitor determines feedback not fully addressed

Evaluation Analysis Plan

Microsoft Word Document Draft within 16 weeks after initial notification of contract award

Revised within 2 weeks of receipt of Contact Monitor feedback

Subject to one additional round of updates if Contract Monitor determines feedback not fully addressed

Summary of Analytical Findings and Conclusions

Microsoft Word Document Draft within 8 weeks of completion of grant program

Revised within 2 weeks of receipt of Contract Monitor feedback

Subject to one additional round of updates if Contract Monitor determines feedback not fully addressed

Commission Presentation

PowerPoint Presentation, Virtual or In-person

Draft within 9 weeks of completion of grant program

Revised within 1 week of receipt of Contract Monitor feedback

Subject to one additional round of updates if Contract Monitor determines feedback not fully addressed

Commission presentation will be scheduled for the next available Commission meeting following completion of Commission presentation

*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.

Specific deliverable dates will be established after the contract is awarded, based on the timing of the relative dates listed above, and shall be listed in an update to the project work plan within 3 days after the project kick-off meeting.

3.3.2 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:

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

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

3) Represent factual information reasonably expected to have been known at the time of submission.

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

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

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

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

8) Complies with Section 3.4.8 of this RFP regarding Artificial Intelligence Systems.

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

10) 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.

3.3.3 Digital Accessibility.

The Contractor shall ensure that any final deliverable complies with the digital accessibility requirements under Title II of the Americans with Disabilities Act. The Contractor shall ensure that all final deliverables meet or exceed Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA.

3.4 Data Ownership, Access, Protection, and Use

3.4.1 Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a RFP are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

3.4.2 The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

3.4.3 At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

3.4.4 The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

3.4.5 Contractor shall ensure a secure environment for all State data and any hardware and software (including but not limited to servers, network and data components) provided or used in connection with the performance of the Contract according to a written security policy (“Security Plan”) no less rigorous than that of the State and using best practices that comply with an accepted industry standard, such as the NIST cybersecurity framework.

1) The Security Plan shall detail the steps and processes employed by the Contractor as well as the features and characteristics which will ensure compliance with the security requirements of the Contract. Such Security Plan shall be provided to the State for its review with solicitation response. If awarded a contract, the Security Plan shall be provided on an annual basis or whenever updates are made.

2) The Contractor shall supply a copy of such policy to the State for validation, with any appropriate updates, on an annual basis.

3) If any Security Plan information, including procedures, are different based on a Task Order, Contractor shall furnish such differences to the respective TO Manager.

3.4.6 Apply data encryption to protect Sensitive Data at all times, including in transit, at rest, and also when archived for backup purposes. Unless otherwise directed, the Contractor is responsible for the encryption of all Sensitive Data.

3.4.7 Security Incident Response

A. The Contractor shall notify the State when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows:

1) notify the State within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, State Chief Information Security Officer and Maryland Security Operations Center (MD-SOC);

2) notify the State within seventy-two (72) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data; and

3) provide written notice to the State within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) the nature of the unauthorized use or disclosure;

2) the State data used or disclosed,

3) who made the unauthorized use or received the unauthorized disclosure;

4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

C. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract. The Contractor shall obtain approval from the State prior to communicating with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise.

D. The Contractor shall comply with all applicable system security breach laws.

3.4.8 Data Breach Responsibilities

A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed:

1) Notify the appropriate State-identified contact within 24 hours by telephone and email to the Maryland Security Operations Center (MD-SOC) in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law;

2) Cooperate with the State to investigate and resolve the data breach;

3) Promptly implement commercially reasonable remedial measures to remedy the Data Breach; and

4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.

B. With respect to State data within the possession or control of the Contractor, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law;

(3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the Contract’s limitation of liability.

C. The public disclosure of a cybersecurity incident shall be pursuant to Guidelines for the Public Disclosure of Cybersecurity Incidents or any successor thereto.

3.4.9 Artificial Intelligence Systems

1) “AI system” means any system, software, sensor, or process that automatically generates outputs including, but not limited to, predictions, recommendations, or decisions that https://doit.maryland.gov/policies/ci/Pages/guidelines-for-the-public-disclosure-of-cybersecurity-incidents.aspx https://doit.maryland.gov/policies/ci/Pages/guidelines-for-the-public-disclosure-of-cybersecurity-incidents.aspx https://doit.maryland.gov/cybersecurity/Documents/Cybersecurity-Guidelines-PDCI.pdf augment or replace human decision-making. This extends to software, hardware, algorithms, and data generated by these systems, used to automate large-scale processes or analyze large data sets.

2) The Contractor shall not use an AI System for any purposes of this Contract without the State’s express written approval. Any approved use of an AI System shall comply with the State’s Responsible AI Policy.

3.5 Invoicing

3.5.1 All invoices for services shall be signed by the Contractor and emailed to MHCC.Invoice@maryland.gov at the frequency or schedule described in 3.5.3. All invoices shall include the following information:

a) Contractor name;

b) Remittance address;

c) Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

d) Invoice period;

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;

k) Deliberable Product Acceptance Form (DPAF); and

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

Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.

3.5.2 The Commission reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Commission with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Any action on the part of the Commission, 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 21.10.02.

3.5.3 Invoice Submission Schedule

https://doit.maryland.gov/policies/ai/Pages/maryland-responsible-ai-policy.aspx https://doit.maryland.gov/policies/ai/Pages/maryland-responsible-ai-policy.aspx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-3.-Deliverable-Product-Acceptance-Form-DPAF.docx

The Contractor shall submit invoices for approved deliverables no later than the 15th, in the month following the acceptance of the work by the Commission. The Contractor shall submit each invoice to email MHCC.Invoice@maryland.gov.

3.5.4 Deliverable Invoicing

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-3.-Deliverable- Product-Acceptance-Form-DPAF.docxf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 3.3 of the RFP.

mailto:MHCC.Invoice@maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-3.-Deliverable-Product-Acceptance-Form-DPAF.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-3.-Deliverable-Product-Acceptance-Form-DPAF.docx

SECTION 4 – PROPOSAL FORMAT

4.1 Two Part Submission

Offerors shall submit Proposals in separate volumes:

▪ Volume I – TECHNICAL PROPOSAL

▪ Volume II – FINANCIAL PROPOSAL

4.2 Proposals

4.2.1 Offerors shall provide their Proposals in two separate envelopes through eMMA following the Quick Reference Guides (QRG) labeled “5 - eMMA QRG Responding to Solicitations (RFP)” for double envelope submissions.

4.2.2 Proposals delivered by facsimile and email shall not be considered.

4.2.3 Provide no pricing information in the Technical Proposal. Provide no pricing information on the media submitted in the Technical Proposal.

4.2.4 The Procurement Officer must receive all electronic Proposal material by the RFP due date and time specified in the Key Information Summary Sheet. Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the Procurement Officer after the due date will not be considered.

4.2.5 Volume I - Technical Proposal

NOTE: Omit all pricing information from the Technical Proposal (Volume I). Include pricing information only in the Financial Proposal (Volume II).

A. Transmittal Letter

A transmittal letter prepared on the Offeror’s business stationery is to accompany the original and required copies of this proposal. The letter MUST be signed by an individual who is authorized to bind his/her firm to all statements, including services and prices contained in the proposal. The transmittal letter should include the following:

1) Name and address of the Offeror;

2) Name, title, email address, and telephone number of primary contact for the Offeror;

3) Solicitation Title and Solicitation Number that the Proposal is in response to;

4) Signature, typed name, and title of an individual authorized to commit the Offeror to its Proposal;

5) Federal Employer Identification Number (FEIN) of the Offeror, or if a single individual, that individual’s Social Security Number (SSN);

6) Offeror’s eMaryland Marketplace (eMM) number; and

7) Offeror’s Minority Business Enterprise (MBE) certification number (if applicable)

B. Offeror Qualifications and Capabilities

The Offeror shall include information on past experience with similar projects and services, including information in support of the Offeror Experience criteria in Section 2, and shall include the following information:

1) The number of years the Offeror has provided the similar goods and services;

2) The number of clients/customers and geographic locations that the Offeror currently serves;

3) An organizational chart that identifies the complete structure of the Offeror, including any parent company, headquarters, regional offices, and subsidiaries of the Offeror.

4) At least three (3) references from customers who are capable of documenting the Offeror’s ability to provide the goods and services specified in this RFP. Each reference shall be from a client for whom the Offeror has provided goods and services within the past five (5) years and shall include the following information:

a. Name of client organization;

b. Name, title, telephone number, and email address of point of contact for client organization; and

c. Value, type, duration, and description of goods and services provided.

C. Experience and Qualifications of Proposed Staff

The Offeror shall identify the qualifications and types of staff proposed to be utilized under the Contract, including information in support of the Personnel Experience criteria in Section 2.

Specifically, the Offeror shall:

1) Describe in detail how the proposed staff’s experience and qualifications relate to their specific responsibilities, including any staff of proposed subcontractor(s), as detailed in the Work Plan.

2) Include individual resumes for Key Personnel, including Key Personnel for any proposed subcontractor(s), who are to be assigned to the project if the Offeror is awarded the Contract. Each resume should include the amount of experience the individual has had relative to the Scope of Work set forth in this solicitation.

D. Offeror Technical Response, in 15 pages or less, to RFP Requirements

1) Statement of the Problem

The Offeror shall demonstrate that the Offeror clearly understands MHCC’s objectives and goals with respect to the work that is the subject of this solicitation. The Offeror shall also demonstrate an understanding of the requirements of this solicitation.

2) Include Disclosure of Conflicts or Potential Conflicts of Interest

The Contractor must disclose any existing contract or employment relationships that it, or any of its proposed subcontractors, has with relevant health care entities. These entities include: (1) federally-qualified health centers, local health departments receiving grant funding, or partnering community-based primary care providers; (2) health insurance carriers or health maintenance organizations (including standalone Medicaid MCOs or Medicare Advantage Plans) licensed by the Maryland Insurance Administration (MIA); (3) hospitals; or (4) health systems that own one or more health plans, hospitals, federally-qualified health centers, or partnering community-based primary care providers.

3) Proposed Work Plan

The Offeror shall give a definitive description of the proposed plan to meet the requirements of the RFP, i.e., a Work Plan. The Work Plan shall include the specific methodology, techniques, and number of staff, if applicable, to be used by the Offeror in providing the required goods and services as outlined in RFP Section 3, Contractor Requirements: Scope of Work. Project deadlines considered contract deliverables must be recognized in the Work Plan.

4.3 Volume II - Financial Proposal

The Financial Proposal shall contain all price information in the format specified in Attachment B.

The Offeror shall complete the Financial Proposal Form only as provided in the Financial Proposal Instructions and the Financial Proposal Form itself. Do not amend, alter, or leave blank any items on the Financial Proposal Form or include additional clarifying or contingent language on or attached to the Financial Proposal Form. Failure to adhere to any of these instructions may result in the Proposal being determined to be not reasonably susceptible of being selected for award and rejected by the Commission.

SECTION 5 - EVALUATION AND SELECTION PROCESS

5.1 Evaluation Committee

Evaluation of Proposals will be performed in accordance with COMAR 21.05.03 by a committee established for that purpose and based on the evaluation criteria set forth below. The Evaluation Committee will review Proposals, participate in Offeror oral presentations and discussions, and provide input to the Procurement Officer. The Commission reserves the right to utilize the services of individuals outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.

During the evaluation process, the Procurement Officer may determine at any time that a particular Offeror is not susceptible for award.

5.2 Technical Proposal Evaluation Criteria

The evaluation criteria set forth below are arranged in descending order of importance.

(Therefore, 1 is more important than 2 and 2 is more important than 3). Within each criteria, the subcriteria are also arranged in descending order of importance. (In other words, 2.A is more important than 2.B; and 3.A, is more important than 3.B., and 3.B. is more important than 3.C., etc.) In addition, it would be improper to assume that 2.A. is either less important or more important than 3.A., 3.B., etc. A contractor can only conclude that criteria 3 as a whole is less important than criteria 2 as a whole.

1. Experience and Qualifications of Proposed Staff

● Each proposed staff person shall have a minimum of 5 years of experience in health benefit actuarial consulting

2. Contractor Qualifications

● Sufficient proof of Contractor qualifications to meet proposal requirements and timeframes

● Demonstrated commitment to providing quality services based on work performed for clients on related projects

3. Proposed Work Plan

● Ability of work plan to successfully meet the requirements and timeframes of this solicitation

● Approach to overall and task-specific management

4. Statement of Problem

5. Disclosure of Conflicts or Potential Conflicts

5.3 Financial Proposal Evaluation Criteria

All Qualified Offerors (see Section 6.5.2.D) will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Proposal Price within the stated guidelines set forth in this RFP and as submitted on Attachment B - Financial Proposal Form.

5.4 Reciprocal Preference

5.4.1 Although Maryland law does not authorize procuring agencies to favor resident Offerors in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

a. The Maryland resident business is a responsible Offeror;

b. The most advantageous Proposal is from a responsible Offeror whose principal office, or principal base of operations is in another state;

c. The other state gives a preference to its resident businesses through law, policy, or practice; and

d. The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

5.5 Selection Procedures

5.5.1 General

A. The Contract will be awarded in accordance with the Competitive Sealed Proposals (CSP) method found at COMAR 21.05.03. The CSP method allows for the conducting of discussions and the revision of Proposals during these discussions. Therefore, the State may conduct discussions with all Offerors that have submitted Proposals that are determined to be reasonably susceptible of being selected for contract award or potentially so. However, the State reserves the right to make an award without holding discussions.

B. With or without discussions, the State may determine the Offeror to be not…