OCMP #24.20914 SAB Crematory IFB.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH - OCMP

(MDH-OCMP)

INVITATION FOR BIDS (IFB)

STATE ANATOMY BOARD - CREMATORY SERVICES

IFB NUMBER 24-20914

ISSUE DATE: DECEMBER 18, 2023

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.

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).

Solicitation #: 24-20914 IFB Document

IFB for MARYLAND DEPARTMENT OF HEALTH - OCMP Page ii of 78

Title: STATE ANATOMY BOARD - CREMATORY SERVICES

Solicitation No: <<24-20914>>

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: ________________________________________________________________

Page iii of 78

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH – OCMP

(MDH-OCMP)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Service - STATE ANATOMY BOARD - CREMATORY

SERVICES

Solicitation Number: 24-20914

IFB Issue Date: December 18, 2023

IFB Issuing Office: MARYLAND DEPARTMENT OF HEALTH - OCMP (MDH-

OCMP) or the STATE ANATOMY BOARD (SAB)

Procurement Officer: Calvin Johnson, Chief of Procurement-OCMP

Procurement Officer e-mail:

Office Phone:

Calvin.Johnson@maryland.gov

410-767-0974

Bids are to be sent to: submit Via eMMA

Pre-Bid Conference: January 08, 2024Local Time 11:00-11:45 A.M. Via conference call

See Attachment A for directions and instructions.

Questions Due Date and Time January 15, 2024, 2:00 p.m. Local Time

Bid Due (Closing) Date and

Time:

January 22, 2024, 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).

Bid Opening Date, and

Location

January 22, 2024, 3:00 p.m.>> Local Time eMMa posting

MBE Subcontracting Goal: Zero (0)%with no subgoals.

VSBE Subcontracting Goal: Zero (0)%

Contract Type: Indefinite Quantity with Firm Fixed Prices

Contract Duration: Five (5) year base term – No Options

Primary Place of

Performance:

655 W Baltimore Street Room B-026

Baltimore, MD 21201

SBR Designation: No

Federal Funding: No

Page iv of 78

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 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis and Assignment of Work

4.10 Tie Bids

Page v of 78

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

Page vi of 78

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 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

Attachment P. Corporate Diversity Addendum

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

The Bidder shall have its crematory facility located within a forty (40) mile radius of the SAB’s location, currently located at 655 W. Baltimore Street, Baltimore, MD 21201.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of directions from your crematory location address to the SAB’s facility address from google maps (ww.google.com/maps) showing shortest mileage.

The Bidder shall have facilities that can accommodate up to sixty (60) cremations per week.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a written procedure showing the methods and means that will be utilized in scheduling the SAB’s cremations.

The Bidder shall have an approved and current valid compliance certificate that has been issued by the Maryland Department of Environment (MDE).

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of the MDE compliance certificate for the crematory.

The Bidder shall have an approved and current valid Crematory Permit issued by the Maryland

Board of Morticians and Funeral Directors (BOMFD) or Maryland Office of Cemetery

Oversight.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of the BOMFD or the MD Office of Cemetery Oversight Crematory Permit.

BOMFD Authority: Health Occupations Article, §§7-101, 7-102, and 7-205, Annotated Code of

Maryland.

Office of Cemetery Oversight Authority: Registration and Permit Requirements Authority: Business

Regulation Article, §5-204―5-205, 5-301―5-308, and 5-401―5-405, Annotated Code of Maryland

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The MARYLAND DEPARTMENT OF HEALTH - OCMP (MDH-OCMP) or the 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 MARYLAND DEPARTMENT OF HEALTH - OCMP: The State is issuing this solicitation for the purposes of entering into a contract to utilize four (4) or more crematories, located within a forty (40) mile radius of the SAB’s location, currently located at

655 W. Baltimore Street, Baltimore, MD 21201, to provide cremation services for the SAB’s donors, unclaimed decedents, infant bodies and anatomical materials.

The SAB is a unit of the Department of Health that is mandated the exclusive right to the custody and control of certain donated and unclaimed decedent bodies. The SAB is authorized for the use of bodies for medical study and the use and final disposition of decedent bodies in its control. Final disposition is accomplished by the cremation of the bodies using local contracted crematories to perform the required services that include the recover and return of the ashes for final disposition.

The Contractors shall be compliant with all applicable Federal and State agencies laws, regulations, and requirements during the term of this Contract.

The SAB shall provide transportation of bodies to Crematory and return of cremains. [See

Section 2.3.5 Special Circumstances for additional information].

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 State. The STATE ANATOMY BOARD (SAB) intends to make up to four (4) awards for the work under this IFB. [See Section 4.9 Award

Basis for additional information].

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

All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit 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.

All quantities listed on the Bid Sheet (Attachment B) for cremations 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.

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 is a unit of the Department of Health that is mandated the exclusive right to the custody and control of certain donated and unclaimed decedent bodies. The SAB is authorized the medical study, use and final disposition of decedent bodies in its control. Final disposition is accomplished by the cremation of the bodies using local contracted crematories to perform the required services that include the recover and return of the ashes for final disposition. The Contractors shall be compliant with all applicable Federal and State agencies laws, regulations, and requirements during the term of this Contract. Reference the Annotated Code of Maryland, Health-General, § 5-406 (b) and § 5-406.1 (a) for additional information on the SAB.

The State is issuing this solicitation for the purposes of entering into a contract to utilize four (4) crematories, located within a forty (40) mile radius of the SABs location, currently located at 655

W. Baltimore Street, Baltimore, MD 21201, to provide cremation services for the SAB’s donors, unclaimed decedents, infant bodies and anatomical materials.

The SAB shall provide transportation of bodies to Crematory and return of cremated remains. [See

Section 2.3.5 for Special Circumstances for additional information].

State (SAB) Responsibilities

The SAB will provide with each cremation box:

a) 1). An issued Cremation Authority that identifies the contents to be cremated and authorizing the Contractor to cremate the cremation box.

2). A completed Burial-Transit permit for identification of body for cremation.

b) The SAB will coordinate with SAB contracted transporters and/or the Contractor to schedule pick up of cremation boxes from SAB facility or other specified location, and transport for delivery to the Contractors under this Contract. Deliveries will be scheduled on Monday through Friday, during the hours of 8 a.m. to 4 p.m.

c) The SAB will coordinate the transport of the cremated remains from Contractor Crematory facility by the SAB contracted on a monthly basis. Transports for return to SAB facility will be scheduled within 48 hours of notification of cremated remains and invoice availability from Contractor. [See Section 2.3.4 -Management of Cremated Remains- Ashes for additional information].

d) The SAB is responsible for providing required information and documentation to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

e) See Section 2.3.5 Special Circumstances for events that may temporarily impact above requirements.

2.3 Responsibilities and Tasks

General Contractor Requirements

a) The Contractor shall provide access to Contractor (s) crematory facility for visitation by

Contract Monitor or other SAB Staff to ensure the proper care and custody of SAB remain.

b) Maintain records for all cremations performed by the crematory during the duration of this contract and a period of not less than three (3) years after contract termination.

c) Maintain Business Insurance per Section 3.6. The Contractor shall provide annual [July 1], a copy of insurance to SAB Contract Monitor.

Cremation Boxes Information

a) The SAB standard cremation boxes measure approximately: 78” L x 24” W x10” H with each cremation box representing one individual cremation to be performed by the Contracted crematory. All cadavers, specimens, or anatomical materials within the cremation box will be encased in plastic or vinyl pouches or liners. Unpreserved bodies or specimens contained in the cremation boxes will be thoroughly frozen.

Delivery of Cremation Boxes

The Contractor will:

a) Be notified of the number of cremation boxes to be scheduled for cremation at least 8 hours in advance of delivery. Quantities and schedule shall be determined by the SAB. [See Section

4.9 - Award Basis and Assignment of Work for additional information].

b) Accept contents of a cremation box as a single cremation labeled “anatomical material” or

“products of human conception” delivered to the crematory, not to exceed an approximate gross weight of 200 pounds per box.

c) Accept, in the instances in which large and morbidly obese bodies exceed the feasible weight limits, and process as a single cremation. Multiple cremation boxes, multiple cremations and multiple cremains may possible be required to cremate such decedent bodies.

d) Verify that the documentation, the Cremation Authority and the Burial Transit Permit, is consistent with each accompany cremation box delivered to the crematory.

e) Handle all received SAB cremation boxes in a manner consistent with mortuary industry best practices.

f) Cremate each cremation box individually based on the individual Cremation Authority and the Burial Transit Permit issued and provided by the SAB.

g) Cremate all bodies and anatomical material in cremation box(s) within a forty-eight-hour period from the date and time of delivery.

Management of Cremated Remains-Ashes

The Contractor will:

a) Retrieve and collect ashes resulting from each cremation performed under this agreement on a “per cremation basis” and place the ashes into individual urns which shall be supplied by the crematory.

b) Label each urn with the following information:

1. Name of Deceased cremated

2. SAB Identification Number (if applicable)

3. Date of Death of Deceased

4. Date of Cremation

5. Crematory Identification Number (if applicable)

c) Issue a Certificate of Cremation for each cremation of an individual body performed. The crematory official certifies and issues the certificate attesting to the identity of the cremated ashes therein. A Certificate of Cremation shall not be issued when the containers cremated are listed as “Anatomical Material.” Duplicate Certificates of Cremations may be requested by the SAB.

d) Release the urns to the SAB’s contracted transporter for delivery to the SAB facility. All urns resulting from the cremation services provided under this Contract shall be returned to the

SAB monthly, not later than the second week of the month following the month in which the cremations were performed. A correct invoice must be sent by email, per Section 3.3, before or at the time of cremains transport to the SAB facility.

e) Supply to the SAB, mailing boxes for the urns as requested by SAB staff and provide within

48 hours of request.

Special Circumstances

At times of heightened volume or reduction in crematory/transportation capacity due to externalities, the SAB may request additional or overtime cremation services from the Contractor including, but not limited to, transportation, weekend cremations, or overtime to meet a volume greater than specified in this Contract [See Section 4.9 - Award Basis and Assignment of Work for additional information].

a) An Excess Volume Surcharge will be accessed in addition to the standard cremation rate to cover necessary increases that the vendor may incur for cremations greater than specified in this Contract. The Contract Monitor will advise in writing when this Excess Volume

Surcharge will be enacted. The rate for the Excess Volume Surcharge will be included on the

Bid Page as a separate line item.

b) The Crematories may be requested to assist in the transporting of the cremation boxes from the SAB facility during regular or heightened volume situations due to externalities in transportation networks. Transportation shall occur from the SAB currently located at 655 W

Baltimore Street, Baltimore, MD 21201 or from locations as directed by the SAB to Contractor’s location(s). A Transportation Surcharge will be accessed for each cremation box transported to cover the Contractor cost of transports of cremation boxes. The Contract

Monitor will advise the Contractor in writing when this Transportation Surcharge will be enacted. The rate for the Transportation Surcharge will be included on the Bid Page as a separate line item.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to

Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

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

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

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

d) Provide current operating procedures (as appropriate).

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

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

Monitor.

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

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

Contract end date.

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

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

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

ANATOMY BOARD (SAB) and the Contract Monitor;

3) Security and system access review and closeout;

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

5) Any final training/orientation of STATE ANATOMY BOARD (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 STATE ANATOMY BOARD (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 shall document any risk factors and suggested solutions.

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

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

The Contractor shall provide copies of any current daily and weekly back-ups to the STATE ANATOMY

BOARD (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 shall be available after the expiration of the Contract as described in Section 3.2.5.

Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the

State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of

90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

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

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

3.3 Invoicing

General

a) The Contractor shall email the original of each month’s invoice and signed authorization to invoice to the Contract Monitor at e-mail address: anatomical@som.umaryland.edu. The vendor will be notified in email if additional e-mail addresses may need invoice copy.

b) Invoices are due by the 10th of the month following the month in which service was performed.

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

mailto:anatomical@som.umaryland.edu

d) The SAB staff will verify the Contractors’ submitted invoice for accuracy before processing for payment. Cremains urns will be matched with submitted Contractor’s invoice for accuracy by SAB staff.

e) 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:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Cremation date, decedent name, infant or anatomical specimen, SAB AB number, rate per each cremation box;

10) Excess Volume Surcharge (if applicable);

11) Transportation Surcharge (if applicable);

12) Amount due; and

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

Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

The STATE ANATOMY BOARD (SAB) reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the STATE ANATOMY BOARD (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.

Any action on the part of the STATE ANATOMY BOARD (SAB), or dispute of action by the

Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement

Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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.

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 –Bid Form) those items shall be billed in the month following the acceptance of the work by the STATE

ANATOMY BOARD (SAB).

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

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.

Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall 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 shall 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 shall furnish a DR site.

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

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

e) Such contingency and DR plans shall be available for the STATE ANATOMY BOARD

(SAB) to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

Data Export/Import

a) The Contractor shall, 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 shall be in a secure format per the Security Requirements.

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 shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

Public jurisdiction user accounts and public jurisdiction data shall 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 shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

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

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

Contract for any purpose other than fulfilling such services.

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

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

3.6 Insurance Requirements

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

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 STATE ANATOMY BOARD (SAB) should be added as a

“loss payee.”

d) Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

e) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or

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

Maryland.

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

Insurance and professional liability.

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

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

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

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the

Contract Monitor.

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

3.7 Security Requirements

The following requirements are applicable to the Contract:

Employee Identification

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

Personnel shall provide additional photo identification.

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

c) Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

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

Contract.

Security Clearance / Criminal Background Check

a) A criminal background check for any Contractor’s Personnel providing on-site cremation services must be completed prior to each Contractor Personnel providing any services under the Contract OR within four (4) months of Contract award.

b) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)

State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

c) The Contractor shall provide certification to the STATE ANATOMY BOARD (SAB) that the

Contractor has completed the required criminal background check described in this IFB for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

d) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the

Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

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

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

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

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

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

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

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

f) Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract;

Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises.

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

On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Information Technology

(a) Contractors shall comply with and adhere to the State IT Security Policy and Standards.

These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

(b) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the

State to connect Contractor-owned equipment to a State LAN/WAN.

The Contractor shall:

1) Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5);

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract;

and

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security

Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword: Security Policy.

http://www.doit.maryland.gov/

Data Protection and Controls

A. Contractor shall ensure a secure environment for all State data and any hardware and software

(including but not limited to servers, network and data components) provided or used in connection with the performance of the Contract and shall apply or cause application of appropriate controls so as to maintain such a secure environment (“Security Best Practices”).

Such Security Best Practices shall comply with an accepted industry standard, such as the

NIST cybersecurity framework.

B. To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls at all times throughout the Term of the Contract (the

Contractor may augment this list with additional controls):

1) Establish separate production, test, and training environments for systems supporting the services provided under the Contract and ensure that production data is not replicated in test or training environment(s) unless it has been previously anonymized or otherwise modified to protect the confidentiality of Sensitive Data elements. The Contractor shall ensure the appropriate separation of production and non-production environments by applying the data protection and control requirements listed in Section 3.7.5.

2) Apply hardware and software hardening procedures as recommended by Center for Internet Security (CIS) guides https://www.cisecurity.org/ Security Technical

Implementation Guides (STIG) https://public.cyber.mil/stigs/, or similar industry best practices to reduce the systems’ surface of vulnerability, eliminating as many security risks as possible and documenting what is not feasible or not performed according to best practices. Any hardening practices not implemented shall be documented with a plan of action and milestones including any compensating control. These procedures may include but are not limited to removal of unnecessary software, disabling or removing unnecessary services, removal of unnecessary usernames or logins, and the deactivation of unneeded features in the

Contractor’s system configuration files.

3) Ensure that State data is not comingled with non-State data through the proper application of compartmentalization Security Measures.

4) Apply data encryption to protect Sensitive Data at all times, including in transit, at rest, and also when archived for backup purposes. Unless otherwise directed, the

Contractor is responsible for the encryption of all Sensitive Data.

5) For all State data the Contractor manages or controls, data encryption shall be applied to such data in transit over untrusted networks.

6) Encryption algorithms which are utilized for encrypting data shall comply with current Federal Information Processing Standards (FIPS), “Security Requirements for Cryptographic Modules”, FIPS PUB 140-2:

http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm

7) Enable appropriate logging parameters to monitor user access activities, authorized and failed access attempts, system exceptions, and critical information security events as recommended by the operating system and application manufacturers and information security standards, including Maryland Department of Information

Technology’s Information Security Policy.

https://www.cisecurity.org/ https://public.cyber.mil/stigs/ http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm

8) Retain the aforementioned logs and review them at least daily to identify suspicious or questionable activity for investigation and documentation as to their cause and remediation, if required. The STATE ANATOMY BOARD (SAB) shall have the right to inspect these policies and procedures and the Contractor or subcontractor’s performance to confirm the effectiveness of these measures for the services being provided under the Contract.

9) Ensure system and network environments are separated by properly configured and updated firewalls.

10) Restrict network connections between trusted and untrusted networks by physically or logically isolating systems from unsolicited and unauthenticated network traffic.

11) By default “deny all” and only allow access by exception.

12) Review, at least annually, the aforementioned network connections, documenting and confirming the business justification for the use of all service, protocols, and ports allowed, including the rationale or compensating controls implemented for those protocols considered insecure but necessary.

13) Perform regular vulnerability testing of operating system, application, and network devices. Such testing is expected to identify outdated software versions; missing software patches; device or software misconfigurations; and to validate compliance with or deviations from the security policies applicable to the Contract. Contractor shall evaluate all identified vulnerabilities for potential adverse effect on security and integrity and remediate the vulnerability no later than 30 days following the earlier of vulnerability’s identification or public disclosure, or document why remediation action is unnecessary or unsuitable. The STATE ANATOMY BOARD

(SAB) shall have the right to inspect the Contractor’s policies and procedures and the results of vulnerability testing to confirm the effectiveness of these measures for the services being provided under the Contract.

14) Enforce strong user authentication and password control measures to minimize the opportunity for unauthorized access through compromise of the user access controls. At a minimum, the implemented measures should be consistent with the most current Maryland Department of Information Technology’s Information

Security Policy (https://doit.maryland.gov/policies/Pages/default.aspx), including specific requirements for password length, complexity, history, and account lockout.

15) Ensure State data is not processed, transferred, or stored outside of the United States

(“U.S.”). The Contractor shall provide its services to the State and the State’s end users solely from data centers in the U.S. Unless granted an exception in writing by the State, the Contractor shall not allow Contractor Personnel to store State data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its Contractor

Personnel to access State data remotely only as required to provide technical support.

16) Ensure Contractor’s Personnel shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State, which may be revoked at any time for any reason. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor -owned equipment to a State LAN/WAN.

https://doit.maryland.gov/policies/Pa…