New RFP(Revised 1) - SEIZED DRUG AND TOXICOLOGY ANALYSIS .pdf

Seized Drug and Toxicology Analysis

Solicitation #: BPM054263 RFP Document

RFP for Maryland Department of State Police Page 1 of 48

STATE OF MARYLAND

MARYLAND DEPARTMENT OF STATE POLICE (MDSP)

REQUEST FOR PROPOSALS (RFP)

SEIZED DRUG AND TOXICOLOGY ANALYSIS

RFP NUMBER BPM054263

ISSUE DATE: 02/04/2026

NOTICE TO OFFERORS

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/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

RFP for Maryland Department of State Police Page 2 of 48

STATE OF MARYLAND

MARYLAND DEPARTMENT OF STATE POLICE (MDSP)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Service - Seized Drug and Toxicology Analysis

Solicitation Number: BPM054263

RFP Issue Date: February 4, 2026

RFP Issuing Office: Maryland Department of State Police (MDSP)

Procurement Officer: Udoka Onwumechili Quartermaster Division 7745 Washington Blvd, Jessup, MD 20794

Email:

Phone Number:

Udoka.onwumechili@maryland.gov 410-379-9413

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number – BPM054263 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:

February 13, 2026 11:00 am Local Time Virtual via Google Meet See Section 4.3 for additional details.

See Attachment 2 to RSVP by February 11, 2026 to Attend

Scheduled Site Visit N/A

Questions Due Date and Time:

February 20, 2026, 2:00pm Local Time

Proposal Due (Closing) Date and Time:

March 4, 2026, 2:00pm 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 _1%____ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__0___% for African-American MBEs;

__0___% for Asian-American MBEs;

__0___% for Hispanic-American MBEs; and __0___% for Woman-Owned MBEs.

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:

N/A

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

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: The Contract resulting from this solicitation shall be a fixed price, indefinite quantity Contract as defined in COMAR 21.06.03

Contract Duration: The duration of this Contract will be for Five (5) years. The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following approval of the Contract by the Board of Public Works, if such approval is required (“Contract Commencement”). From the date of the Contract Commencement through the “Go-Live Date”, the Contractor shall perform start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any start-up activities it performs between the date of Contract Commencement and the Go-Live Date. As of the Go-Live Date, the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

Primary Place of Performance:

Vendor’s Location

RFP for Maryland Department of State Police Page 4 of 48

SBR Designation: No

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 Experience and Personnel

2.5 Substitution of Personnel

2.6 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

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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)

RFP for Maryland Department of State Police Page 7 of 48

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

As part of the determination to be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that, within the last seven (7) years, the following Minimum Qualifications have been met:

1.1.1 The Offeror shall be accredited by ANAB or another accrediting body that is signatory to the ILAC Mutual Recognition Arrangement with a scope of accreditation that covers the services being contracted.

Required Documents: Current Certificate of Accreditation and Scope of Accreditation

1.1.2 The Offeror shall be in compliant with forensic laboratory licensing requirements (COMAR 10.51.03) and must be licensed by the Maryland Department of Health.

1.1.3 Chemists performing seized drug analysis shall be certified as Forensic Chemists by the Maryland Department of Health prior to working on MSP casework.

Required Documents: Maryland Department of Health Forensic Laboratory License. MDH Forensic Chemist Certificate.

1.2 The Offeror shall provide with its Proposal "Attachment L Reference Checks" with a minimum of three (3) references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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(s) and the State of Maryland (“State”).

2.1.1 The Maryland Department of State Police, (MDSP or the "Department") is issuing this Request for Proposals (RFP) in order to contract with a qualified source to provide the analysis of Seized Drug evidence as well as the analysis of Toxicology evidence.

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

2.1.3 The Maryland Department of State Police (MDSP) intends to make up to 4 awards. See RFP Section 6.5 Selection Procedures for more Contract award information

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

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

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

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

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

C. Shall not be binding or enforceable against the State; and

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

2.1.7 All Contract prices, terms, and conditions must be provided to any local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

2.2.1 The Maryland Department of State Police, Forensic Sciences Division (MDSP-FSD)

Controlled Dangerous Substances Unit is responsible for Seized Drug analysis and reporting for MDSP and Allied Agency casework. The MDSP-FSD’s Toxicology Unit is responsible for Toxicology analysis and reporting for MDSP and Allied Agency

RFP for Maryland Department of State Police Page 9 of 48 casework. The MDSP-FSD anticipates having approximately 1,250 Seized Drug cases (non-THC/Cannabinoid), 1,250 THC/Cannabinoid quantification cases, 500 Toxicology Blood Alcohol Concentration cases and 500 Toxicology Blood Drug cases from which evidence could be tested over the life of this contract. The items to be tested will be determined by the MDSP-FSD. The test method will depend upon the evidence type.

2.2.2 Seized Drug casework may require statistical sampling and/or estimated net weight calculations (estimated 100 specimens/year). Purity testing may also be requested (estimated 10 specimens/year).

2.2.3 On June 1, 2019, HB1123 was enacted which defines hemp as “the plant Cannabis sativa L. and any part of [such] THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF

ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.” This new law requires the lab to quantitate the delta-9-THC content of the plant material to determine if the plant material contains more than 0.3% THC by weight in order to report the plant material as Cannabis. The lab also receives submissions of products and preparations containing THC and other cannabinoids, which are difficult to analyze on our current instrumentation. The lab has limited capacity to quantitate THC in plant material and no capacity to analyze other cannabis preparations. The MDSP-FSD anticipates having approximately 250 cannabis specimens/year (200 plant material specimens, 50 marihuana preparation specimens, including vapes/edibles) from which evidence could be tested over the life of this contract. The items to be tested as well as the testing methods will be determined by the MDSP-FSD. The test method will provide a quantitative value for delta-9-THC in percent by weight or provide a semi-quantitative result that reports if the sample has greater than 1% delta-9-THC by weight. The Contractor’s laboratory can use their methods if pre-approved by MDSP-FSD and Maryland Department of Health

(MDH).

2.2.4 The number of cases for evidence testing is expected to entail both evidence sent directly from the MDSP-FSD (“in-house outsourcing”) and evidence sent directly from police agencies that have been given written permission by the MDSP-FSD to have their evidence analyzed under the auspice of this contract (“direct outsourcing”).

2.2.5 State Staff and Roles

The State will provide a State Contract Monitor in addition to a State Procurement Officer, whose duties are as follows:

A. Contract Monitor

1. The State will provide a Contract Monitor who will be responsible for all

Contract administration functions, including but not limited to, issuing written direction, invoice approval, monitoring the Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE /VSBE and Green Purchasing Program compliance, vendor management, compliance and oversight, and ensuring the achievement of completion on budget, on time, and within scope of the contract.

RFP for Maryland Department of State Police Page 10 of 48

2. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Contract Monitor may be changed at any time by written notice to the Contractor.

B. State Procurement Officer:

1. The Agency will provide a Procurement Officer who has responsibilities as detailed in the Contract, and is the only State representative who can authorize changes to the Contract.

2. The Agency may change the Procurement Officer at any time by written notice to the Contractor.

2.2.6 Other State Responsibilities

A. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically set forth.

2.3 Contractor Responsibilities and Tasks

2.3.1 General Requirements

The Contract laboratory must be accredited by ANAB or another accrediting body that is signatory to the ILAC Mutual Recognition Arrangement with a scope of accreditation that covers the services being contracted. The Contract laboratory, and each analyst performing Seized Drug analysis at the laboratory, must agree to undergo annual Seized Drug proficiency testing. Each analyst performing Toxicology analysis at the laboratory, must agree to undergo annual Toxicology proficiency testing (https://anab.ansi.org/en/forensic-accreditation/proficiency-testing). The Contractor must provide documentation that accrediting body approved external proficiency tests are being taken by their analysts. Each analyst who will be performing analysis on casework from the MDSP-FSD must have successfully completed all of their external proficiency tests in the discipline they are performing testing (Seized Drug and/or Toxicology) prior to and during the contract period. If at any time during the contract period, an analyst who is performing analysis on casework for the MDSP-FSD does not successfully complete a proficiency test or demonstrates other inaccuracies in testing procedures in the discipline they are performing testing (Seized Drug and/or Toxicology), that analyst must immediately cease conducting MDSP-FSD casework and the MDSP-FSD contract monitor must be notified within three (3) days of the Root Cause Analysis. Once the corrective action is complete, the analyst has successfully completed an additional proficiency test, and the MDSP-FSD contract monitor has given written approval upon receipt of all pertinent documentation, the analyst may resume work.

2.3.1.1. The Contractor shall supply individuals who can pass the MDSP-FSD security clearance requirements for any position that will have access to sensitive case information (Personal Identifying Information), See Professional Services Supplemental. The certifying scientists for seized drug analysis must be qualified for certification by MDH prior to working on MSP casework. The technical personnel must be approved by the Chief Toxicologist at MDSP prior to working on MSP casework. All personnel hired after the last documented audit must demonstrate documentation of the educational requirements as defined by our laboratory for Seized Drug and Toxicology analysis. This

RFP for Maryland Department of State Police Page 11 of 48 information must be submitted to and approved by the MDSP-FSD contract monitor in writing prior to the new personnel working on this contract.

2.3.1.2. The Contractor must also provide a copy of the laboratory table of organization which includes all personnel who will be involved in any way with this contract to the MDSP-FSD contract monitor. Job titles shall be indicated for at least the following: Technical Leader, Quality Assurance Officer, and all analysts/technicians qualified to perform forensic casework analysis. Updated documentation shall be provided to the State monthly whenever a change is made to the table or personnel roster. The contractor shall provide a contact person(s) who will be the liaison with the State representative who will handle administrative and technical issues.

2.3.1.3. The Contractor’s Laboratory shall maintain a copy of its Procedures Manuals for Seized Drug analysis and Toxicology analysis. At minimum, the Table of Contents for the methods and standard operating procedures shall be provided to the State no later than 10 calendar days after contract award. Whenever the procedures are updated/changed, a notice of the changes must be received within 5 calendar days. Prior to the initial transfer of evidence to the contractor, a meeting shall be made between the contractor and the MDSP-FSD to allow for review of the contractor’s methods and procedures and establish detailed casework processing guidelines in accordance with the contractor’s Procedures Manuals and the goals of the MDSP-FSD.

2.3.1.4. The Contractor’s Laboratory shall maintain a Laboratory Quality Assurance Manual that addresses at minimum evidence handling, tracking, sample preservation and security. At minimum, the Table of Contents for the QA Manual shall be provided to the MDSP-FSD contract monitor no later than 10 calendar days after contract award. Whenever the procedures are updated/changed, a notice of the changes must be received within 5 calendar days. Prior to the initial transfer of evidence to the contractor, a meeting shall be made between the contractor and MDSP-FSD to review the QA Manual.

2.3.1.5. The Contractor’s Laboratory shall supply documentation to the MDSP-FSD contract monitor of any corrective action taken within 5 business days to address any quality assurance issues identified throughout the contract.

2.3.1.6. The Contractor’s Laboratory shall protect the confidentiality of the data. A copy of a signed confidentiality statement for each project employee that will have access to sensitive data shall be maintained on file, subject to review by the State.

Any use, sale or offering of this data in any form by the Contractor’s Laboratory, their employees or assignees, except by valid request or discovery purposes and approval by the State, is prohibited and may be grounds for termination of contract.

2.3.1.7. If attempts to analyze the forensic casework samples fail, then the Contractor could be asked to resample the original item or be sent an additional portion of the sample for reanalysis.

2.3.1.8. The Contractor shall provide a Project Manager throughout the contract period.

MDSP-FSD will assign project managers from both the Controlled Dangerous Substances Unit and the Toxicology Unit.

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2.3.2 Tasks to be performed

2.3.2.1. This contract will be for a five (5) year period and for approximately 1,250

Seized Drug specimens (non-THC/Cannabinoid); Functional Area I (FAI), 500 Toxicology Blood Alcohol Concentration specimens; Functional Area II (FAII), 500 Toxicology Blood Drug specimens; Functional Area III (FAIII), and 1,250 THC/Cannabinoid quantification specimens; Functional Area IV (FAIV) over five (5) years. The number of cases stated is for estimation purposes only. The State does not guarantee the number of cases; the actual number of cases may be higher or lower.

2.3.2.2. Given the irreplaceable nature and confidentiality of the samples, it is critical to minimize opportunities for theft, loss, or switching of samples.

The Contractor will be responsible for ensuring the following:

A. The laboratory is compliant with forensic laboratory licensing requirements

(COMAR 10.51.03) and applicable MDH certifications and approval of laboratory procedures (COMAR 10.10.09) as per Code of Maryland Regulations. Blood alcohol testing must be compliant with COMAR 29.05.03.

B. The laboratory, and each analyst performing Seized Drugs or Toxicology analysis at the laboratory, shall undergo annual proficiency testing for the discipline in which they are testing evidence. The proficiency testing program must meet the standards set forth by ANAB. Any discrepancies/errors in proficiency tests must be reported to the MDSP-FSD contract monitor within three days of completion of the root cause analysis.

The discrepancy and the corrective actions put into place will be reported.

C. Non-conformance(s), as defined by the contractor’s accrediting body, on a proficiency test may be grounds for immediate termination of this contract.

D. Notifying their personnel of the potential for criminal penalties should the contractor or its personnel inappropriately release information. Any outside inquiries related to the processing of MDSP-FSD’s forensic cases shall be immediately reported to the MDSP-FSD contract monitor. No information regarding the processing of MDSP-FSD’s forensic cases shall be provided without prior written approval by the MDSP-FSD contract monitor.

E. Issuing a report and chain of custody to the MDSP-FSD or, for directly outsourced work, the submitting agency and the MDSP-FSD, within one week of completion of the analysis of a case. Returning all remaining forensic case samples or sub-samples to the MDSP-FSD or, for directly outsourced work, the submitting agency, within two weeks of completing the analysis of a shipment of cases.

2.3.3 Technical Procedures

2.3.3.1 The Offeror’s laboratory shall be able to provide:

RFP for Maryland Department of State Police Page 13 of 48

A. qualitative identification of seized drug evidence (non-THC/Cannabinoid), and/or B. quantitative THC content of plant material and other cannabis preparations by weight or provide a semi-quantitative result that reports if the sample has greater than 1% delta-9-THC by weight, and/or

C. quantitative content of other seized drugs submissions as requested, and/or D. statistical sampling of seized drug submissions, and/or E. estimated net weight of seized drug submissions as requested, and/or F. Toxicology analysis of blood samples to identify drugs of impairment, and/or G. Toxicology analysis of blood samples to determine alcohol concentration.

2.3.3.2. The Contractor shall agree to use testing procedures approved by the Maryland Department of Health as per COMAR 10.10.09, and the MDSP-FSD, and adhere to the ISO 17025 standard. The Contractor shall provide a written summary (either hardcopy or electronic) of the validation, and proof of management review of such validation, prior to the contract being finalized and demonstrate that these methods are currently operational within their laboratory. Upon request, complete validation records must be made available to the MDSP-FSD.

2.3.3.3. The Contractor’s laboratory must be capable of beginning analysis within 30 days of award of the contract. Samples shall be tested only at the contractor laboratory location approved by MDSP-FSD. The Contractor shall not sub-contract any MDSP-FSD work unless approved in writing by the Contract Monitor.

2.3.3.4. Although the specific details as to the number of case samples, the timing of the return of results, and shipments of samples will be organized between the MDSP- FSD contract monitor and the Contractor, the Contractor must be capable of obtaining a turn-around-time for all testing associated with a case not to exceed 60 working days. The Contractor must notify the State Contract Monitor as soon as it realizes the turn-around time may not be met. The possibility of analyzing rush cases that will require a shorter turn-around-time will be worked out between the Contractor and the MDSP-FSD contract monitor.

2.3.3.5. MDSP-FSD will be responsible for shipping case samples to the Contractor’s facility. The Contractor will be responsible for shipping case samples to MSDP- FSD and shall return forensic case samples at Contractor’s expense in quantities and at intervals determined by MDSP-FSD. The acceptable mode of shipping must provide proper conditions to protect the integrity of the samples, safeguard the chain of custody, and assure prompt turn around. Shipping will be overnight and Seized Drugs evidence must be secured in a lock box provided by the MDSP-FSD for shipping. Toxicology evidence may be shipped in cardboard boxes. The shipper must guarantee the ability to track all shipments. In cases where agencies (which the MDSP-FSD accepts cases for) directly outsource to the contract lab, pre-approval of this and adherence to the process established by MDSP-FSD is mandatory.

2.3.3.6. The Contractor shall notify the MDSP-FSD contract monitor in writing

RFP for Maryland Department of State Police Page 14 of 48 immediately if the samples appear to be damaged during the shipping or if the sample identifiers do not match the shipping manifest. Samples shall not be rejected by the contractor without the expressed permission of the MDSP-FSD contract monitor.

2.3.3.7. The Contractor shall identify the samples throughout the testing process with the State’s unique identification number or the number provided to the vendor on the manifest list. This number will include a MDSP-FSD case number for each case and an item number for each item. All reporting documents (electronic and hard copy) shall have samples identified by MDSP-FSD case and item numbers.

2.3.3.8. Procedural changes in analysis by the Contractor shall not be implemented unless approved by the MDSP-FSD contract monitor. The Contractor shall provide documentation for these changes to the MDSP-FSD contract monitor.

2.3.3.9. If need be, the entire sample may be consumed by the Contractor upon prior written approval of the MDSP-FSD contract monitor. Documentation of approval and that the sample was consumed must be in the case notes.

2.3.3.10. Appropriate controls as defined in the Contractor’s Procedures and/or Quality Assurance Manual shall be associated with every sample.

2.3.3.11. The Contractor’s Uncertainty of Measurement will be evaluated by MDSP-FSD to ensure that it meets our reporting needs.

2.3.3.12. The Contractor is expected to evaluate each test result to ensure that the most complete result has been obtained. Any results deemed not suitable will be repeated at Contractor’s expense until results are accepted by the MDSP-FSD or when MDSP-FSD agrees that the sample is not sufficient to produce a reliable result.

2.3.3.13. The Contracting lab must have documented mechanism(s) in place to avoid sample switches. Any potential sample switches determined by the MDSP- FSD Quality Control procedures.

2.3.3.14. The final report and chain of custody for each item shall be electronically provided for each case. Each file will be a pdf document named as the MDSP- FSD case number. Any other format must be pre-approved by the MDSP-FSD contract monitor. If a discovery request is received, the Contractor may be required to provide the case notes, all electronic data generated, and any QA/QC documentation associated with the case, along with whatever documentation is required to meet the discovery request and may have to meet a deadline set by the Court.

2.3.3.15. All case records must be retained for 30 years or provided to the MDSP-FSD at the end of the contract period.

2.3.3.16. The State shall be notified via email when analysis of a group of cases has been completed. Every effort should be made by the Contractor to analyze an entire group of cases and return the batch to MDSP-FSD in a group-in / group-out format. It is understood that some extenuating circumstances may occur which

RFP for Maryland Department of State Police Page 15 of 48 may cause an exception to this rule. These circumstances must be discussed between the Contractor and the MDSP-FSD contract monitor on an individual basis. The final report and Chain of Custody shall be provided within a week of analysis, which may be before the batch of casework is completed.

2.3.3.17. The Contractor shall not subcontract or ship out to any other organization the handling, processing, analysis, or reporting of work unless prior approval is granted. Every location where testing will be performed must be licensed with the Maryland Department of Health and accredited by ANAB or another accrediting body that is signatory to the ILAC Mutual Recognition Arrangement with a scope of accreditation that covers the services being contracted.

2.3.3.18. The Contractor’s Laboratory shall not use the award of this contract in any product literature or advertising without written approval from the MDSP-FSD contract monitor.

2.3.3.19. The MDSP-FSD contract monitor shall approve report writing formats. Formal reports shall be provided on the Contractor’s company letterhead and must have the signature of the certifying scientist who is responsible for the work.

Reports must be generated for all cases subjected to Seized Drug or Toxicology analysis whether or not results are obtained. All reports shall include the following information when applicable: MDSP-FSD case number on each page of the report, a description of the items (including item identifiers), tests performed, examination results, conclusions and disposition of evidence. The Uncertainty of Measurement must also appear on the reports. For Toxicology casework, Blood alcohol results must be quantitative and blood drug results must be reported qualitatively.

2.3.3.20. The Contractor shall return all remaining portions of the original samples and sub-samples (at the contractor’s expense), sealed in their original containers to the MDSP-FSD contract monitor or the directly submitting agency. Seized Drug evidence must be heat sealed and Toxicology evidence must be sealed with tamper-evident tape. The Contractor will provide a list of samples in each group completed along with an invoice for approval of payment.

2.3.3.21. Chain of custody is a paramount concern to the MDSP-FSD. Contractor’s personnel shall verify receipt of all shipments and maintain a proper chain of custody of all samples. Contractor shall maintain the MDSP-FSD identification numbers, which will be provided on a label containing either bar code and/or human readable data.

2.3.3.22. Samples shall be stored in a proper manner to prevent loss, cross transfer, contamination and/or deleterious change. All physical transfers of seized drug evidence between the Contractor, the MDSP-FSD, or the directly submitting agency must utilize a lock box secured with either a combination lock or key lock in which the combination or key is only available to specific individuals

RFP for Maryland Department of State Police Page 16 of 48 approved by MDSP-FSD. Toxicology evidence must be sealed, but does not have to be contained in lock boxes.

2.3.3.23. The Contractor will certify in a letter to the MDSP-FSD contract monitor prior to completion of the contract that it retains no samples from the MDSP-FSD in their laboratory either physically or electronically within the following timeframe:

A. FAI- within 15 days prior to completion B. FAII- within 60 days prior to completion C. FAIII- within 60 days prior to completion D. FAIV- within 15 days prior to completion

2.3.4 Quality Control Assessments of Contractor’s Work

2.3.4.1. The State may assess the quality control of the casework produced by the Contractor through the random retesting of samples. These samples will be submitted to the Contractor under different identification numbers.

2.3.4.2. The State reserves the right to submit blind proficiency tests to the Contractor as a means of assessing the quality control of the work produced.

2.3.4.3. Inconsistent results deemed to be a quality control problem may result in the termination of the contract.

2.3.5 Contractor Testimony

The Contractor shall provide the State’s Attorney Office (SAO) with the appropriate litigation package (case file, QA data, procedure manuals and qualifications of the scientist(s)) for contested positive results within two (2) business days of a written request by the Contract Monitor. Upon written request by the Contract Monitor, the Contractor shall make laboratory personnel available to provide a deposition or testimony and documentation as required in support of any administrative and/or court actions. The laboratory personnel shall be required to provide the deposition or testimony by telephone, video conferencing, in-person or through sworn affidavit, as specified by the State. No person provided for deposition or testimony shall have been convicted of perjury or any felony crime. Preparation time for any approved personnel providing testimony shall be factored into the Contractor’s Financial Proposal within the hourly rate for expert testimony line as provided for on the Financial Proposal Sheet (Attachment B). A fully loaded hourly rate shall be submitted. When this service is requested by the State, reasonable documentation for the nature and rationale for the preparation by each approved person shall be submitted to the Contract Monitor. Reimbursement for mileage, parking, meals, travel time, and testimony/court prep time may be billed.

2.4 Experience and Personnel

2.4.1 Preferred Offeror Experience

2.4.1.1. The Offeror’s laboratory shall be accredited by ANAB or another accrediting body that is signatory to the ILAC Mutual Recognition Arrangement with

RFP for Maryland Department of State Police Page 17 of 48 a scope of accreditation that covers the services being contracted, and must have been externally audited by the accrediting body within the last 12 months.

Documented proof of laboratory accreditation must be provided.

2.4.1.2. The Offeror’s laboratory shall be licensed by the Maryland Department of Health in the disciplines that cover the services being contracted or possess a waiver from the Secretary of the Maryland Department of Health. A copy of the license or waiver must be provided.

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):

The Offeror shall include information on past experience with similar projects and/or services.

The Offeror shall describe how its organization can meet the requirements of this RFP and shall also include the following information:

(A) The number of years the Offeror has provided the similar services;

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

(C) The names and titles of headquarters or regional management personnel who may be involved with supervising the services to be performed under this Contract;

(D) The Offeror’s process for resolving billing errors; and

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

2.4.2 Personnel Experience

The offeror shall ensure that all technical personnel assigned to work on the Contract have two (2) years of experience in Seized Drug analysis or Toxicology analysis and a Bachelor’s degree in chemistry, biology, biochemistry, genetics, medical technology, pharmaceutical science or related physical, natural or forensic science from an accredited college or university. As proof of meeting the requirement, the Offeror shall provide with its proposal documentation attesting to the education and years of required experience.

2.4.2.1. Possession of a Master’s degree in the above physical, natural or forensic sciences from an accredited college or university may be substituted for one year of the required experience.

2.4.2.2. Possession of a Doctorate in the above physical, natural or forensic sciences from an accredited college or university may be substituted for two years of the required experience.

All personnel assigned to work on our cases are required to have successfully completed the vendor laboratory’s training program and to possess a competency certificate or equivalent documentation evidencing such completion.

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2.4.3 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.

2.5 Substitution of Personnel

2.5.1 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.

2.5.2 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.

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.

2.5.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.5.4.

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

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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.

2.5.4 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 2.5.4.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 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 2.5.4.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 2.5.4.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.

A. Key Personnel Replacement

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1. To replace any Key Personnel in a circumstance other than as described in 2.5.4.B, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.5.3 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.

B. 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 2.5.4.B.1.

2. Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.5.3 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.

C. 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 2.5.3.

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.

2.5.5 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 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

2.6 Supplemental Category of Work Requirements and Responsibilities See the attached Professional Services Supplemental associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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.

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

3.3.2 Travel Reimbursement

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

3.4.2 Liquidated Damages other than MBE

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

3.5 Problem Escalation Procedure

No…