New SAB Transportation of Bodies Statewide.pdf

STATE OF MARYLAND

MD DEPARTMENT OF HEALTH-STATE ANATOMY BOARD

(MDH-SAB)

INVITATION FOR BIDS (IFB)

TRANSPORTATION OF BODIES-STATEWIDE

IFB NUMBER #23-19611

ISSUE DATE: JULY 22, 2022

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Solicitation #: 23-19611 IFB Document

IFB for MDH- STATE ANATOMY BOARD Page ii of 76

NO BID NOTICE/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: TRANSPORTATION OF BODIES-STATEWIDE

Solicitation No: 23-19611

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 Bid is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Bid requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

IFB for MDH- STATE ANATOMY BOARD Page iii of 76

STATE OF MARYLAND

MD DEPARTMENT OF HEALTH-STATE ANATOMY BOARD

(MDH-SAB)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Service

TRANSPORTATION OF BODIES-STATEWIDE

Solicitation Number: OCMP #23-19611

IFB Issue Date: July 22, 2022

IFB Issuing Office: MD DEPARTMENT OF HEALTH (MDH)-STATE ANATOMY

BOARD (MDH-SAB)

Procurement Officer: Jim Beauchamp

Director

Office of Contract Management and Procurement

201 W. Preston Street

Baltimore, MD 21201 e-mail:

Office Phone:

mdh.solicitationquestions@maryland.gov

410-767-0974

Bids are to be sent to: eMaryland Marketplace Advantage (eMMA) e-Procurement system

Pre-Bid Conference: August 04, 2022, 11:00 a.m.

Via phone conference 1-347-954-0591 Pin 326 056 6023#

Web link: meet.google.com/hsh-udqf-ttm

See Attachment A for directions and instructions.

Questions Due Date and Time August 22, 2022, 2:00 p.m. Local Time

Bid Due (Closing) Date and

Time:

September 01, 2022, 2:00 p.m. Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

September 01, 2022, 2:30 p.m. Local Time

Via phone 1-334-518-1140 Pin 606 821 994#

Web link: meet.google.com/utz-bfxh-qjj

MBE Subcontracting Goal: 0% - with no subgoals.

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite quantity with fixed unit prices.

Contract Duration: Five (5) year base period with transition to Statewide after first year.

Primary Place of 655 West Baltimore Street mailto:mdh.solicitationquestions@maryland.gov

IFB for MDH- STATE ANATOMY BOARD Page iv of 76

Performance: BRB building, Room B-026

Baltimore, MD 21201

SBR Designation: No

Federal Funding: No

IFB for MDH- STATE ANATOMY BOARD Page v of 76

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 State Responsibilities

2.4 Responsibilities and Tasks

2.5 Contractor Staffing Requirements

2.6 Contractor Requirements: General

2.7 End of Contract Transition

2.8 Invoicing

2.9 Liquidated Damages

2.10 Disaster Recovery and Data

2.11 Insurance Requirements

2.12 Security Requirements

2.13 Penalty Fees

2.14 Problem Escalation Procedure

2.15 SOC 2 Type 2 Audit Report

2.16 Minority Business Enterprise (MBE) Reports

2.17 Veteran Small Business Enterprise (VSBE) Reports

2.18 Work Orders

2.19 Additional Clauses

3 Procurement Instructions

3.1 Pre-Bid Conference

3.2 eMaryland Marketplace Advantage (eMMA)

3.3 Questions

3.4 Procurement Method

3.5 Bid Due (Closing) Date and Time

3.6 Multiple or Alternate Bids

3.7 Receipt, Opening and Recording of Bids

3.8 Confidentiality of Bids / Public Information Act Notice

3.9 Award Basis

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3.10 Tie Bids

3.11 Duration of Bids

3.12 Revisions to the IFB

3.13 Cancellations

3.14 Incurred Expenses

3.15 Protest/Disputes

3.16 Bidder Responsibilities

3.17 Acceptance of Terms and Conditions

3.18 Bid/Proposal Affidavit

3.19 Contract Affidavit

3.20 Compliance with Laws/Arrearages

3.21 Verification of Registration and Tax Payment

3.22 False Statements

3.23 Payments by Electronic Funds Transfer

3.24 Prompt Payment Policy

3.25 Electronic Procurements Authorized

3.26 MBE Participation Goal

3.27 VSBE Participation Goal

3.28 Living Wage Requirements

3.29 Federal Funding Acknowledgement

3.30 Conflict of Interest Affidavit and Disclosure

3.31 Non-Disclosure Agreement

3.32 HIPAA - Business Associate Agreement

3.33 Nonvisual Access

3.34 Mercury and Products That Contain Mercury

3.35 Department of Human Services (DHS) Hiring Agreement

3.36 Small Business Reserve (SBR) Procurement

3.37 Maryland Healthy Working Families Act Requirements

4 Bid Format

4.1 One Part Submission

4.2 Labeling

4.3 Bid Price Form

4.4 Required Bid Submission

4.5 Delivery

IFB for MDH- STATE ANATOMY BOARD Page vii of 76

4.6 Documents Required upon Notice of Recommendation for Contract Award

5 Bid Evaluation and Award

5.1 Bid Evaluation Criteria

5.2 Reciprocal Preference

5.3 Award Determination

5.4 Documents Required upon Notice of Recommendation for Contract Award

6 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. Abbreviations and Definitions

Appendix 2. Bidder Information Sheet

Appendix 3. Body Transport Record

Appendix 4. Contractor Staff Request/Removal Form

IFB for MDH- STATE ANATOMY BOARD Page 1 of 76

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Bidder must document in its

Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder will be licensed as a Maryland Mortician or Funeral Establishment or registered as a Mortuary Transport Service with the Maryland Board of Morticians & Funeral Directors

(BOMFD).

Required Documentation: As proof of meeting this requirement, the Bidder will provide with its Bid, a copy of either its current license as a Mortician or Funeral Establishment or permit as a Mortuary Transport Service, issued by the Maryland BOMFD.

1.1.2 The Bidder will not have had a license or registration issued by the Maryland BOMFD suspended or revoked in the past ten (10) years.

Required Documentation: As proof of meeting this requirement, the Bidder will provide with its Bid, a signed letter by the Bidder confirming that the licenses or permit of the Bidder has not been revoked in the past ten (10) years.

1.1.3 The Bidder will not have any negligent or unprofessional conduct complaint filed with the

Maryland BOMFD or Maryland State Anatomy Board (SAB) that resulted in disciplinary action.

Required Documentation: As proof of meeting this requirement, the Bidder will provide with its Bid, a signed letter by the Bidder confirming that no actionable complaints were bestowed.

1.1.4 The Bidder will be actively engaged in the business of providing removal and transportation of decedent bodies for at least three (3) years in the proceeding five (5) years and have transported at least three hundred (300) bodies during three of the last five years.

Required Documentation: As proof of meeting this requirement, the Bidder will provide with its Bid, one or more references from the past five (5) years able to attest to the Bidder’s experience in providing transportation for a combined minimum total of three hundred (300) bodies during three (3) of the last five (5) years.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The MDH-STATE ANATOMY BOARD (SAB) is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a Contract between the successful bidder(s) and the SAB: This solicitation is being issued to obtain the transportation of deceased adult donated, adult unclaimed, and infant bodies from hospitals, nursing homes, residences and OCME, 24 hours per day, 7 days per week, to include all areas of Maryland, after transition period [See IFB Section 2.4.1 - Transition Timetable to Statewide for specifications].

Transports will be to the SAB’s facility, currently located at 655 W. Baltimore Street, Baltimore, MD 21201. At the direction of the SAB, alternative SAB facility sites may be required to accommodate unusual circumstances affecting the current SAB site [See IFB Section 2.5.4– SAB

Facility Special Circumstances for specifications].

This IFB will require the daily transport of human bodies and specimen for cremation from the designated SAB facility to contracted crematories designated by the SAB. The contracted crematories will be located within a forty (40) mile radius from the current SAB facility.

Multiple daily cremation transports to multiple Contracted Crematories may be utilized [See IFB

Section 2.5.3 – Cremation Transfers for specifications].

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder(s) and the SAB. The anticipated duration of services to be provided under this Contract shall be five (5) years with Year 1 being a transition year [(See IFB Section

2.4.1 - Transition Timetable for Statewide Transport for specification].

The SAB intends to make up to two (2) awards to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price for the work under this IFB. A Primary Contractor will be assigned primary transport services. The

Secondary Contractor will provide alternative services as needed [See IFB Section 3.9 - Award

Basis for more specifications].

2.1.3 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful

Bidder(s) (the Contractor(s) will remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.4 All quantities listed on the Bid Form [Attachment B-1 Bid Form] for transports or mileage are only estimates and based on past and present experience and should be used for bid purposes only. The estimates are not guaranteed minimums or maximums of the amounts of service to be performed.

2.1.5 It is the intention of the SAB to accomplish the transportation and/or disposition of deceased person(s) in a manner that is dignified and acceptable to the general public and the citizens of

Maryland.

Reference the Annotated Code of Maryland, Health-General, § 5-406 (b) and § 5-406.1 (a) for additional information on the SAB.

2.2 Background and Purpose

The SAB requires two (2) Contractors [See IFB section - 3.9 Award Basis for more information on primary and secondary Contractor designations] to provide 24 hour per day, 7 days a week to include all

IFB for MDH- STATE ANATOMY BOARD Page 3 of 76 areas of Maryland after transition period [See IFB Section 2.4.1 – Transition Timetable for Statewide].

Removals will only be within the State of Maryland.

Removal rates will be invoiced at a fully loaded mileage rate per body transport from transport pick up location within Maryland to SAB assigned facility. Mileage will be determined by shortest driving distance on Google Maps (https://www.google.com/maps) website [See IFB Section- 2.8 - Invoicing for additional information]. Actual driving route mileage will not determine invoiced amounts.

2.3 State Responsibilities

a) The State will provide body pouches to be used exclusively for transports pursuant to this

Contract only. The SAB will monitor and provide replacement body pouches for units used for SAB transports.

b) The State is responsible for providing Bio-Protective suits required for decedents carrying infectious diseases designated by the Center for Disease Control (CDC) as requiring Bio-

Protective suits for handling (e.g. Ebola) for bodies designated for transport/removal by the SAB. The State will only provide the needed protected suits for designated removals pursuant to this Contract only.

c) The State will provide blank forms for Contractor to complete for each decedent transported to SAB facility [See IFB Section 2.5.2 - Transportation Reporting

Requirement for more information]. SAB blank form may be updated over Contact period. The Contract Monitor will provide written notification and replacement form to

Contractor(s) when essential.

2.4 Responsibilities and Tasks

2.4.1 Transition Timetable to Statewide Transports

This Contract will transition from specific Maryland cities and counties [see list below] during Year

1 to statewide [includes all Maryland cities and counties] for Year 2 through Year 5.

a) The SAB will notify Contractor(s) for removal:

Year 1 of this Contract will include ONLY the following cities or counties:

Baltimore City, Counties: Anne Arundel, Baltimore, Calvert, Carroll, Cecil (North of the

Chesapeake & Delaware Canal), Charles, Harford, and Howard, Montgomery, Prince

George’s, and St. Mary’s.

Year 2 through Year 5 will include ALL cities and counties in Maryland.

2.4.2 General Transportation Requirements

The Contractor(s) will:

a) Upon notification from the SAB, transport deceased adult donors, adult unclaimed, infants, and any other human remains as directed to the assigned SAB facility. The current SAB is located at 655 W. Baltimore Street, Baltimore, MD 21201. An assigned alternative location may be utilized subject due to special circumstances [See IFB Section 2.5.4 - SAB Facility

Special Circumstances for additional information].

b) Have knowledge of and comply with all the current laws, rules and regulations governing the transportation, care, and disposition of decedent bodies in the State of Maryland.

c) Comply with guidelines established by the BOMFD (www.health.maryland.gov/bom) for current regulations and requirements for Licensed Funeral Establishment, and Morticians, or https://www.google.com/maps http://www.health.maryland.gov/bom

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Mortuary Transport Services. Reference Annotated Code of Maryland, Health-Occupations §

7-101 BS 7-601 – 607.

d) Provide adequate staff and BOMFD inspected and approved removal vehicle to accommodate any and all request for transports for all locations (e.g. private residences, facilities) including those with obstacles or obese decedents.

e) Have a minimum of four (4) motor removal vehicles meeting or exceeding the BOMFD vehicle standards (www.health.maryland.gov/bom). Removal vehicles must display the

BOMFD sticker on all approved transport vehicles. Additional vehicles will be necessary, at any given time due to increase demand, to adhere to the time requirements in IFB Section

2.5.1 -Transportation Notification Requirements.

The Contractor will use only vehicles inspected and registered by the BOM for fulfillment of this contract.

The SAB reserves the right to inspect the Contractor’s vehicles at any time.

f) Supply each removal vehicle with the standard mortuary equipment, supplies and materials

(e.g. personal protection supplies, clean pad, sheets, and covers, stretchers and cots, etc.), in clean and properly maintained working order, that provide for the dignified and proper removal and transport of decedents bodies.

g) Enter into this Agreement for the purpose of ensuring compliance with the requirements of

HIPPA and the Maryland Confidentiality of Medical Records Act (MMRA). Reference

Annotated Code of Maryland, Health-General § 4-301 et seq.

2.5 Contractor Staffing Requirements

The Contractor will:

a) Provide qualified, trained staff members or subcontractors registered with the BOM as mortuary transporters BEFORE performing services under this Contract.

b) Provide to Contract Monitor or SAB assigned staff a copy of a valid registered transporter permit when requesting SAB site access card and keys.

c) Provide staff members that have been sufficiently trained to perform competently the required services under and for the duration of this Contract.

d) Require its staff to use effective respectful interpersonal communication skills while performing required services under and for the duration of this Contract.

e) Require its staff to wear appropriate professional attire while performing required services under and for the duration of this Contract.

f) Provide a mandatory minimum of two (2) staff members to perform removals and transports for every transport under this Contract.

e) Provide additional staff members as may be required for obese decedents, and residences or facility with obstacles to ensure safe and professional removal of decedent.

g) Require all staff and subcontractor(s) performing services, under and for the duration of this

Contract, to abide by the requirements specified under this IFB Section 2 - Contract

Requirements: Scope of Work.

h) Require all staff and subcontractor(s) to follow security requirements in IFB Section 2.12 -

Security Requirements while performing required services under and for the duration of this

Contract.

http://www.health.maryland.gov/bom

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i) Reimburse the SAB for the repair or replacement of any property damaged by the Contractor, staff, or subcontractor(s) while in the performance of their activities on-site at the SAB, a residence, or facility, either directly or through insurance coverage within 72 hours.

j) Have contingency and disaster plans in place to ensure that the services required under this

Contract will be maintained in the event of disruptions to the Contractor(s)/subcontractor(s) operations, however caused [See IFB Section 2.10 - Disaster Recovery and Data for more information].

2.5.1 Transportation Notification Requirements

The Contractor will:

a) Receive notification for required body removal and transport services from the SAB office staff during Normal Business Hours.

b) Receive notification for required body removal and transport services from the SAB contracted answering service outside of Normal Business Hours or other SAB approved circumstances.

c) Obtain the following information from the notification person for the Body Transport Form:

1) Name and phone number of caller requesting transport;

2) Address and Maryland County of Removal site;

3) Decedent Full Name;

4) Decedent Date of Birth;

5) Decedent Date and Time of Death;

6) Decedent Race;

7) Decedent cause of death;

8) Decedent body condition (e.g. decomp, obese, contagious/infectious disease);

9) Approximate weight;

10) SAB status (donor or unclaimed).

d) Within fifteen (15) minutes, the Contractors representative will provide a telephone response to the person requesting the transport and obtain the following information BEFORE dispatching the Contractor’s staff:

1) Non-facility (without refrigeration storage) transport request:

a) The Office of the Chief Medical Examiner has declined jurisdiction of the decedent;

b) A medical doctor has been contacted and agreed to submit and sign a death certificate;

c) The physical location of the body within the location;

d) Any on-site obstacles or restrictions (i.e. stairs, non-working elevators, steep inclines, after hours procedures) that could impede the removal of the decedent.

2) Hospital and Facilities (with refrigeration storage) transport request:

a) Death certificate has been properly completed and transferred to SAB within the

Maryland Department of Vital Records EDSR system;

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b) Location within facility of body (i.e. morgue, floor and room number).

3) ALL TRANSPORT REQUEST:

a) Ensure all personal effects have been removed from decedents body and given to next of kin or person in charge at transport location. The transporter is not authorized to take possession or transport with the decedent any personal property at the time of removal while performing required services under and for the duration of this Contract;

b) PROVIDE TO CALLER REQUESTING TRANSPORT AN ESTIMATED

TIME OF ARRIVAL.

c) Transport decedent bodies DIRECTLY (i.e. no stops) to the SAB facility in a timely and expeditious manner upon notification is received.

4) Proceed immediately to the removal site, upon confirmed transport request is available for removal.

5) Removal from transport sites without refrigeration will be required to be completed within a minimum of four (4) hours of notification and will be received at the SAB facility within eight (8) hours of notification.

Removals from transport sites with refrigeration will be required to be completed within a minimum of eight (8) hours of notification and will be received at the SAB facility within twelve (12) hours of notification.

The Contact Monitors or SAB on-call staff will be contacted within 15 minutes of notification for any inability to complete the transport within the above designated time requirements.

Failure to notify and receive approval by the Contract Monitor will result in a late fee penalty [See IFB Section 2.13 – Penalties for more information]..

A Problem Escalation Procedure incident report will be required and approved by the

Contract Monitor [See IFB Section 2.14 – Problem Escalation Procedure for more information].

6) On arrival at removal location, the transporter will put on personal protection equipment and:

a) check in with person in charge at scene;

b) provide identification if requested;

c) verify decedent identity and match with paperwork;

d) inspect body for personal effects, remove any, and give to person in charge at scene;

e) obtain signature of person in charge of releasing body;

f) respectfully and professionally tag the decedent and place in SAB body pouch;

g) transfer body to clean stretcher and transport to vehicle.

e) Contact the Contract Monitor or designated on-call SAB staff member (24/7) for immediate solution of emergent issues that arise on-site of transport request.

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f) The SAB may require changes to the above procedures during this Contract period. The

Contract Monitor will provide written notification on new procedures to Contractor(s) when essential.

2.5.2 Transportation Reporting Requirements

The Contractor will:

a) Upon arrival at SAB facility with each body (adult or infant):

1) Enter required information in the Body Data Sign In computer system within the SAB facility. Each transporter will provide the transport county of origin and the Contractor(s) assigned password.

If the computer system is not functioning, the transporter is required to make a notation on bottom of Body Transport Record (See Appendix 3) before submission of paperwork.

2) Print label from computer system and adhere to body pouch.

If the computer printer is not functioning, the transporter is required to Legibly write the first and last name of decedent on body pouch with waterproof marker (Contractor provided).

3) Time stamp the Body Transport Record and place completed paperwork in the designated location per SAB.

4) Place body in designated cool box or freezer as required by body condition. Bodies must be placed FACE UP ONLY and only two (2) bodies per table.

5) Lock all doors on exit from facility if after Normal Business Hours.

6) Contact the Contract Monitor or designated on-call SAB staff member for immediate solution of emergent issues that arise on-site at SAB facility.

7) A penalty may be imposed on all removals not properly completed and without properly completed paperwork (See IFB Section 2.11 – Penalty Fees for additional information).

8) The SAB may require changes to the above procedures during this Contract period. The

Contract Monitor will provide written notification on new procedures to Contractor(s) when essential.

2.5.3 Cremation Transfers

The Contractor will:

a) Provide a minimum of two (2) transporters and appropriate transport vehicle to pick up cremation cases from the SAB facility on a DAILY basis for transport to SAB contracted crematories within a forty (40) mile radius. Designated times will be assigned by the SAB staff. Cremation transfer will be completed within four (4) hours of notification by SAB Staff.

Multiple daily crematory transports may be required.

b) The SAB staff will provide required paperwork for cremation cases requiring transport only.

The transporters will locate cremation cases and verify names and AB numbers for designated transport. The SAB staff will NOT assist with loading of cremation cases.

c) Once at the crematory location, the transporter will unload cremation cases as directed by crematory staff. The crematory staff will NOT assist with the unloading of cremation cases.

The transporter will provide the crematory with paperwork and the crematory staff will verify each cremation case.

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d) Pick up by the 5th of each month from each crematory, the accumulated month of individual cremation containers. The crematory will provide the necessary paperwork for the return of the cremains. The containers and paperwork will be delivered to the SAB facility and unloaded as directed by SAB staff. SAB staff will NOT assist with the unloading of cremated remain containers. Cremains transfer must be completed within 4 hours of pick up from crematory(s).

e) Cremation cases transferred to the crematory will be invoiced on a per cremation case basis.

NO fee will be invoiced for monthly cremains transfers.

f) The SAB may require changes to the above procedures during this Contract period. The

Contract Monitor will provide written notification on new procedures to Contractor(s) when essential.

2.5.4 SAB Facility Special Circumstances

1) It is possible over the duration of this Contract that the offices or facility of the SAB may move or require alternative location(s). It is also possible that due to fire, structural or mechanical failure, quarantine, or other contingencies that the existing SAB site may be unusable for some period of time during the Contract term. Moreover, in circumstances of mass casualties, it may be necessary to establish one or more additional sites to which removals will be transported.

2) If alternative location(s) are required over the duration of this Contract, the Contract

Monitor will provide written notification to the Contractor(s).

3) In any of these circumstances the same fixed rates quoted on the Contractor’s Bid Form will still apply, but the location from which the stated distances are measured will either remain at 655 West Baltimore St. in Baltimore or be changed to the alternative location, whichever scenario results in payment to the Contractor at least equal to what it would have received for a transport to or from 655 West Baltimore Street in Baltimore.

2.6 Contractor Requirements: General

2.6.1 Contract Initiation Requirements

A. Contractor will schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor will furnish:

1) A list of all monitored telephone numbers, including cellular phones, of Contractor;

2) A monitored email address for the Contractor;

3) A list of all staff and subcontractors to be used to perform under this Contract. The

Contractor will submit a Contractor Staff Request/Removal Form for each staff requiring access and keys;

4) A copy of all transporters permits issued by the BOMFD;

5) A preferred notification procedure to be approved by Contract Monitor that is compliant with the performance and notification standards of this contract [See IFB Section 2.5.1 -

Transportation Notification Requirements for more information].

B. Contractor will submit to Contact Monitor or SAB staff member a Contractor Staff

Request/Removal Form [See Appendix 4] for all staff requiring on-site access and keys. A copy of the transporter permit issued by the BOMFD is required with form submittal.

Once approved by Contract Monitor, a SAB staff member will enter data into on-site security system and received on-site approval. Once approved, the transporter will be notified and will be

IFB for MDH- STATE ANATOMY BOARD Page 9 of 76 responsible for downloading a head shot picture at the on-site website (currently located at https://www.umaryland.edu/onecard/). Transporter will then be responsible for picking up access cards from:

One Card Office

SMC Campus Center

621 W. Lombard St.

Room 004, Lower Level

Baltimore, MD 21201

The Contractor will then notify SAB staff that access card has been obtained and the access will be granted. Keys will then be issued to transporter requiring them to perform services under this

Contract.

Contractor staff will only use access badges and keys to assign staff member. No sharing of badges or keys will be permitted.

The SAB may require changes to the above procedures during this Contract period. The Contract

Monitor will provide written notification on new procedures to Contractor(s) when essential.

2.7 End of Contract Transition

2.7.1 The Contractor will provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 90 days prior to Contract end date, or the termination thereof. Such transition efforts will consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

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

d) Provide current operating procedures (as appropriate).

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

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

Monitor.

2.7.4 The Contractor will support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor will provide a draft Transition-Out Plan 120 Business Days in advance of

Contract end date.

The Transition-Out Plan will address at a minimum the following areas:

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

2) Communications and reporting process between the Contractor, the SAB and the

Contract Monitor;

3) Security and system access review and closeout;

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

5) Any final training/orientation of SAB staff;

6) Connectivity services provided, activities and approximate timelines required for

Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the SAB the procedures and practices that support the business process and current system environments;

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

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

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

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

The Contractor will document any risk factors and suggested solutions.

The Contractor will ensure all documentation and data including, but not limited to, System

Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

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

Contract.

Access to any data or configurations of the furnished product and services will be available after the expiration of the Contract as described in Section 3.2.5.

2.7.5 Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor will: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor will securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and

Technology (NIST)-approved methods with certificates of destruction to be provided to the

State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder will include all charges for the 90-day data retention period.

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

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

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d) The Contractor will return all SAB issued access badges, keys, unused body pouches and forms within 10 days of contract final end date.

2.8 Invoicing

2.8.1 General

a) The Contractor will email the original invoice and signed authorization to invoice to the

Contract Monitor and Donor Staff at e-mail address: Anatomical@som.umaryland.edu by the 10th of the month following the month in which services were performed.

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

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

A cover sheet containing the following data:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) SAB and address to be listed as service provided for;

8) State assigned Contract number;

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

10) Total amount due for Transport Rate, Mileage Rate and Cremation Transfers

11) Total amount due.

An itemized service sheet containing the following data:

12) Itemized service sheet for each decedent transfer, separated by Transport Rate and

Mileage Rate containing:

a) Date of service

b) Decedent full name

c) Address [street, city and zip]

d) Loaded mileage [shortest distance on Google maps

(https://www.google.com/maps)

e) Rate [per loaded mile or minimum transportation fee;

f) Extended line amount

13) Total Amount due for Transport Rate and Mileage Rate;

14) Cremation transfer quantity and rate for month; and

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

mailto:Anatomical@som.umaryland.edu https://www.google.com/maps

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Loaded milage for transports will be rounded to the nearest mile. E.g. a removal 30.4 miles to the SAB facility will be rounded down to 30 miles and 41.5 miles will be rounded up to 42 miles.

The SAB reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the SAB with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract (See IFB Section 2.11 Penalty Fees for further information).

Any action on the part of the SAB, or dispute of action by the Contractor, will be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with

COMAR 21.10.04.

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 will 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 will any invoice be submitted later than 60 calendar days from the Contract termination date.

2.8.2 Invoice Submission Schedule

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

a) For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items will be billed in the month following the acceptance of the work by the SAB.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items will be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

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

Submitted invoices will be verified by the Donor Staff and Business Office staff for accuracy before being signed off by Contract Monitor for payment processing. The Contractor will make adjustments as requested and return a Proper Invoice for payment processing.

2.8.3 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

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i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

2.8.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

2.9 Liquidated Damages

2.9.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

2.9.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

2.10 Disaster Recovery and Data

The following requirements apply to the Contract:

2.10.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor will maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor will have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor will furnish a DR site.

2) The DR site will be at least 100 miles from the primary operations site and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor will test the contingency/DR plans at least annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination will be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test will include backup media restoration and failover/fallback operations at the DR location. The Contractor will send the Contract

Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans will be available for the SAB to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

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2.10.2 Data Export/Import

a) The Contractor will, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

b) Any import or export will be in a secure format per the Security Requirements.

2.10.3 Data Ownership and Access

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

Public jurisdiction user accounts and public jurisdiction data will not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

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

At no time will 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.

The Contractor will not use any information collected in connection with the services furnished under the

Contract for any purpose other than fulfilling such services.

2.10.4 Provisions in Sections 3.5.1 – 3.5.3 will survive expiration or termination of the Contract.

Additionally, the Contractor will flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

2.11 Insurance Requirements

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

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

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

b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

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

$10,000. The State of Maryland and the MDH-SAB should be added as a “loss payee.”

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d) Cyber Security / Data Breach Insurance – (For any service offering hosted by the

Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

e) Worker’s Compensation - The Contractor will maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

f) Automobile or Commercial Truck Insurance - The Contractor will maintain Automobile or

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

Maryland.

2.11.2 The State will be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation

Insurance and professional liability.

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

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

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

2.11.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business

Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor will provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

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

2.12 Security Requirements

The following requirements are applicable to the Contract:

2.12.1 Employee Identification

a) Contractor Personnel will display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel will provide additional photo identification.

b) Contractor Personnel will cooperate with State site…