Online Education IFB.pdf

ONLINE EDUCATION PROGRAM

Solicitation #: BPM054240 / V00B7600005 IFB Document

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STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES (DJS)

INVITATION FOR BIDS (IFB)

JSEP ONLINE EDUCATION

Maryland Virtual Student Learning Opportunity Program (MVSLO)

IFB NUMBER: BPM054240 / V00B7600005

ISSUE DATE: JULY 9, 2026

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/ https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids IT - JSEP Online Education

Solicitation

Number:

BPM054240 / V00B7600005

IFB Issue Date: July 9, 2026

IFB Issuing

Office:

Department of Juvenile Services (Department or DJS)

Procurement

Officer:

Carlos Fulgencio

2147 E. Redwood Street

Baltimore, MD 21202

Email:

Phone Number:

carlos.fulgencio1@maryland.gov

410-230-3227

Contract Monitor:

Email:

Phone Number

Jarren Jeffery

217 East Redwood Street

Baltimore, MD 21202 jarren.jeffery@maryland.gov

410-230-3244

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

BPM054240 / 26-JSEP-EDU-001

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

N/A

Scheduled Site

Visit N/A mailto:fulgencio1@maryland.gov mailto:jarren.jeffery@maryland.gov

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Questions Due

Date and Time:

July 20, 2026, at 2:00 PM Local Time

Bid Due (Closing)

Date and Time:

August 10, 2026, at 12:00 PM Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form).

Public Bid

Opening Date, Time, and

Location

N/A

MBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of __0%___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

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

N/A% for African-American MBEs;

N/A % for Asian-American MBEs;

N/A % for Hispanic-American MBEs; and

N/A % for Woman-Owned MBEs.

VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of 0%

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm Fixed Price

Contract

Duration:

Three (3) year base with two (2) one-year option periods.

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Primary Place of

Performance:

Baltimore City Juvenile Justice Center

300 N. Gay Street, Baltimore, MD 21202

Backbone Mountain Youth Center

124 Camp 4 Rd. Swanton, MD 21561

Cheltenham Youth Detention Center

11003 Frank Tippett Rd. Cheltenham, MD 20623

Green Ridge Youth Center

10700 Fifteen Mile Creek Rd, Flintstone, MD 21530

Charles H. Hickey Detention Center

9700 Old Harford Rd, Baltimore, MD 21234

Lower Eastern Shore Children’s Center

405 Naylor Mill Rd, Salisbury, MD 21801

Victor Cullen Center

6000 Cullen Drive, Sabillasville, MD 21780

Western MD Children’s Center

18420 Roxbury Rd, Hagerstown, MD 21740

SBR Designation: No

Federal Funding: No

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Table of Contents - IFB

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.3.1 Program Design

2.3.2 General Responsibilities

2.3.3 Technology Requirements

2.3.4 Reporting Requirements

2.3.5 Company and Personnel Qualifications

2.3.6 Implementation Requirements

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Small Business Preference

4.25 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. Maryland State Department of Education (MSDE) Approved: Bidders must be on MSDE list to participate in the Maryland Virtual Student Learning Opportunity (MVSLO) Program.

B. Compliance: Registered to do business in Maryland and in good standing with the Maryland

State Department of Assessments and Taxation (SDAT).

C. References: The Bidder shall provide with its Bid "Attachment L Reference Checks" with three (3) or more references filled out of companies or organizations for which the bidder provided services of the type, size and complexity comparable to those specified within this solicitation. The references must have been for services provided within the past five (5) consecutive 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 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder and the State of Maryland

(State) through its Department of Juvenile Services (Department or DJS): up to 400 software licenses that meet Maryland Virtual Student Learning Opportunity (MVSLO) program guidelines for the Blended Learning model of online education courses and associated live teaching support for students in grades 5-12, including credit recovery and original credit opportunities. These services will support DJS’ Juvenile Services

Education Program (JSEP).

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

2.1.2 This is a single IFB award. See Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

Contract.

2.2 Background and Purpose

The Department’s Juvenile Services Education Program (JSEP) is committed to fostering a world-class educational system that prepares all students for college and career success in the 21st century.

JSEP provides daily instructional programming and services to approximately 400 students housed in

DJS residential facilities across the State of Maryland. These students, whose enrollment varies throughout the year, receive instruction in core content areas and have access to designated career technology education (CTE) courses comparable to those offered in Maryland’s 24 local school systems. JSEP functions as the local school system for these students, ensuring tailored educational opportunities to support their effective transition back to their home communities and schools.

The Maryland Virtual Student Learning Opportunity (MVSLO) program provides supplemental online courses to K–12 students across Maryland school districts. Its purpose is to expand curriculum access, connect students with expert instructors, support credit attainment toward graduation, and accommodate unique scheduling or learning needs while building skills, such as self-direction and digital communication. Students typically complete most instruction online with a remote teacher, engage through digital platforms, and receive support from a school-based mentor, earning credits toward a Maryland diploma upon successful completion. Enrollment is coordinated through school counselors and follows state approval guidelines, helping ensure equitable access to rigorous coursework and stronger college and career readiness pathways statewide.

The purpose of this solicitation is to procure services to provide a Blended Learning program for

JSEP students in grades 5-12. This program must provide courses aligned with Maryland State standards, support credit recovery and original credit, and include live teaching support from State-certified teachers. The services associated with learning management software and course content must be fully operational, generally available, and not under development by July 1, 2026. The solution must accommodate the transient nature of the JSEP student population with a cost-effective pricing model that avoids per-individual licensing.

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2.2.1 Project Goals

2.2.1.1 Deliver a flexible, standards-aligned Blended Learning model that supports diverse educational needs, including original credit, supplemental learning, credit recovery, unit recovery, short-term placement, CTE exploration, and extended learning.

2.2.1.2 Ensure continuity of learning for JSEP’s transient student population through rapid onboarding, initial assessments, and extensive transfer options within and across Maryland school districts.

2.2.1.3 Provide an engaging, age-appropriate learning experience with interactive tools, embedded assessments, and customizable course content to meet individual student needs.

2.2.1.4 Support JSEP’s mission of preparing students for successful transitions to their home communities and schools through high-quality education and robust instructional support.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor (whose duties are described below), the State staff and roles include:

A. JSEP Project Manager: Responsible for overseeing the implementation and ongoing management of the Blended Learning model, ensuring alignment with JSEP’s educational objectives and Maryland State standards. The Project Manager will coordinate with the

Contractor, monitor deliverables, and communicate JSEP’s specific needs (e.g., student enrollment data, facility requirements).

B. Procurement Officer: Manages the IFB process, evaluates bids, and executes the contract.

C. Contract Monitor: Handles day-to-day contract administration, including reviewing invoices, monitoring Contractor performance, and addressing issues.

D. JSEP Curriculum Coordinators: Ensure course alignment with MSDE content standards and oversees implementation of instructional delivery models in classrooms.

E. JSEP School Site Coordinators: Responsible for overseeing student course enrollments, ensure accessibility for both students and teachers at their respective school sites, and utilize the Blended Learning platform to monitor progress.

F. JSEP Teachers: Provides direct, in-person instructional support to students, utilizes supplemental materials to enhance instruction, evaluate and monitor students’ academic progress.

2.2.3 Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract, including access to JSEP’s existing technology infrastructure (Windows desktops/laptops, and various browsers).

B. Coordination with JSEP facilities to ensure compatibility with the Contractor’s license.

C. Student enrollment data and initial assessment information to support rapid onboarding.

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D. Oversight and feedback to ensure that the licenses meet JSEP’s educational objectives and comply with MSDE’S standards.

2.3 Contractor Responsibilities and Tasks

2.3.1 Program Design

The Contractor shall deliver a Blended Learning model that includes:

2.3.1.1 An age-appropriate, engaging learner interfaces with intuitive login options and interactive instruction.

2.3.1.2 Flexible pacing, allowing learners to progress at their own pace, repeating or accelerating content as needed.

2.3.1.3 Course materials that incorporate:

2.3.1.3.1 Interactive instructional tutorials.

2.3.1.3.2 Technology-enhanced item types, including open-ended, multi-part, and project-based responses.

2.3.1.3.3 Supportive learning tools, such as click-to-speak, translation, calculators, highlighters, data tools, maps, charts, and glossary pop-ups.

2.3.1.3.4 Embedded video content and simulations.

2.3.1.3.5 Integrated assessments at the unit and module level, enabling students with prior knowledge to accelerate through familiar content and focus on areas needing attention.

2.3.1.3.6 Embedded guided notes and assignments that do not require hard copies.

2.3.1.3.7 Course customization options to add, delete, or reorder content to meet individual student needs.

2.3.2 General Responsibilities

The Contractor shall:

2.3.2.1 Provide courses aligned with Maryland State standards for grades 5-12 (for potential elementary students given legislation changes), supporting core content areas and CTE courses (see Appendix A for full list of course offerings).

2.3.2.2 Offer both blended and prescriptive learning options. Students should follow the appropriate course sequence, with the flexibility to complete content in the standard order or to have course content reordered as needed.

2.3.2.3 Provide a digital curriculum, aligned with Maryland State Department Education’s standards, that can be offered securely and provide rigorous content, differentiated, IFB for Department of Juvenile Services Page 11 of 33 personalized instruction, targeted remediation, scaffolded support, assessment, and course progress tracking by student, teacher, and administrator.

2.3.2.4 Offer flexibility to adjust instructional pacing, assign or remove content, hide or modify assignments, and support multiple points of entry into the curriculum. This flexibility is essential to accommodate credit recovery, varied academic readiness levels, and the high transiency of students across JSEP sites while maintaining alignment with State standards.

2.3.2.5 Ensure access to state-certified teachers to facilitate instruction and provide on-demand virtual support.

2.3.2.6 Provide customer and ongoing technical support via phone, email, web, and live office hours, as well as 24/7 online support and resources for all users. Teachers, educators, administrators, and IT staff should have on-demand access to technical support to address issues as they arise.

2.3.2.7 Implement a cost-effective pricing model that accounts for the rotating student population (approximately 200 students with varying enrollment durations from 10 days to a year) and avoid per-individual licensing. The platform must provide continuous, year-round access for students across winter, fall, spring, and summer sessions.

2.3.2.8 Offer reusable seat licenses necessary to ensure uninterrupted access to courses and tutorials for students who enter and exit at various points throughout the academic year. Seat licenses must support concurrent enrollment in multiple courses. The total number of licenses will be determined based on cost considerations.

2.3.2.9 Design the solution to support JSEP’s transient student population by enabling rapid onboarding and course progression based on initial assessments.

2.3.2.10 Ensure courses align with classes offered in students’ traditional schools to support continuity of learning.

2.3.2.11 Provide flexible, customizable consulting opportunities, workshops, and learning engagements to support best-practice adoption and improve student learning outcomes. Differentiated, leveled training is required to meet the distinct needs of leadership, administration, and instructional staff.

2.3.2.12 Include a comprehensive professional learning package consisting of in-person and virtual training sessions, recorded videos, webinars, a knowledge base, and ongoing resources available for the life of the subscription. Initial introductory training for teachers must be included, along with access to an e-learning community for educators using the platform.

2.3.2.13 Shall propose, provide and fully describe their solution for updating all sites with any new software releases.

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2.3.2.14 Provide continuous training and support for JSEP administrators and teachers on platform features, including course customization, reporting tools, and access to supplemental materials (e.g., downloadable questions, worksheets, reading materials).

2.3.3 Technology Requirements

The Contractor shall provide licenses that support:

2.3.3.1 Compatibility with JSEP’s current technology, including Windows desktops/laptops, and various browsers for students, administrators, and teachers.

2.3.3.2 Multiple integration options with learning management system, such as Clever, that enhance efficiency and ease of use.

2.3.3.3 Integration with the PowerSchool Student Information System and Clever to support automated student enrollment and rostering and include gradebook functionality with the ability to push grades directly to PowerSchool.

2.3.3.4 Provide system access based on permission levels, including a continued commitment to permissions functionality based on customer feedback.

2.3.3.5 Whitelist options that serve the Department.

2.3.3.6 Communication options that serve the Department, including flexibility to turn off program communication features if desired.

2.3.3.7 Access to supplemental materials (e.g., downloadable questions, worksheets, reading materials, and enrichment opportunities) for administrators and teachers.

2.3.4 Reporting Requirements

The Contractor shall provide:

2.3.4.1 A dashboard with real-time data for progress monitoring.

2.3.4.2 Comprehensive reporting options for student, class, school, and institution-level insights.

2.3.4.3 Tools for administrators and teachers to run reports on student progress and engagement. Includes a dashboard with real-time data that provides visibility into progress monitoring.

2.3.4.4 Provides student, class, school, and institution-focused reporting options.

2.3.5 Company and Personnel Qualifications

The Contractor’s solution must:

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2.3.5.1 Be designed by experienced educators, curriculum experts, and researchers to provide a flexible learning experience tailored to each student.

2.3.5.2 Provide diverse implementation needs, for in use for original credit, supplemental learning, credit recovery, unit recovery, short-term placement, CTE exploration, and extended learning.

2.3.5.3 Allow for extensive transfer options within and across Maryland school districts to support continuity of learning for fluid and transitioning student populations.

2.3.5.4 Provide courses with or without a state-certified teacher of record through both flexible virtual learning and the ability to support live instruction for a specific classroom schedule.

2.3.5.5 Offer an option for virtual live help with on-demand support for students supported by the vendor’s teachers.

2.3.6 Implementation Requirements

During the implementation period, the Contractor shall:

2.3.6.1 Collaborate with the JSEP Project Manager to integrate the Blended Learning model into JSEP’s existing infrastructure, including compatibility with Windows desktops/laptops, iPads, MacBooks, and various browsers.

2.3.6.2 Conduct initial testing to ensure compatibility with JSEP’s technology (Windows, iPads, MacBooks, browsers).

2.3.6.3 Conduct initial testing to ensure the solution meets technology requirements, including integration with learning management systems (e.g., Clever) and permission-based access.

2.3.6.4 Provide training for JSEP administrators and teachers on the platform’s features, including course customization, reporting tools, and supplemental materials.

2.3.6.5 Establish customer support channels (phone, email, web, live office hours, and

24/7 online support) to address immediate needs.

2.3.6.6 Import initial student assessment data to enable rapid onboarding and course placement.

2.3.6.7 The Contractor shall submit a detailed implementation plan within 30 calendar days of contract award, outlining timelines, milestones, and deliverables for the transition-in period.

2.4 Supplemental Category of Work Requirements and Responsibilities

See the attached Information Technology (IT) Supplemental associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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

The Contractor shall:

A. Provide a transition-out plan at least 90 calendar days prior to contract expiration, detailing procedures for transferring course data, student progress records, and reporting tools to the

State or a successor contractor.

B. Ensure all student data, including assessments, progress reports, and customized course content, is exported in a format compatible with Maryland State standards and JSEP’s learning management systems.

C. Support JSEP administrators and teachers during the transition period with training and technical assistance to maintain continuity of learning for students.

D. Maintain full functionality of the Blended Learning model, including access to State-certified teachers and customer support, until the contract end date.

E. The State will provide access to necessary systems and coordination with JSEP facilities to facilitate the transition.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

Invoices and all supporting documentation for the line items specified in this contract must be submitted electronically to the accounts payable office at djs.jsepap@maryland.gov within 30 calendar days of work completion. Work completion is defined as the delivery of services or deliverables as outlined in Section 2.3 Contractor Responsibilities and Tasks.

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

A. Contractor’s name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed, and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

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

A. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed annually in advance.

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

Invoices must be submitted electronically to djs.jsepap@maryland.gov, with a copy to the

Contract Monitor.

3.3.2 Deliverable Invoicing

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Payment for deliverables (e.g., course content, learning management system integration, reporting tools) will be made upon acceptance by the JSEP Project Manager. The Contractor shall:

A. Submit invoices for deliverables only after the State has verified that the deliverable meets all requirements, including alignment with Maryland State standards, compatibility with JSEP technology, and functionality for grades 6-12.

B. Provide documentation demonstrating deliverable completion, such as system integration reports, course customization examples, or training completion records

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

3.3.3 Labor Hour/Time and Materials Invoicing

Not applicable

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information;

B. A designated point of contact for escalating technical, instructional, or customer support issues;

C. A timeline for issue resolution, with initial response within 24 hours and resolution within 72 hours, unless otherwise agreed by the Contract Monitor;

D. Escalation to senior Contractor personnel if issues remain unresolved, with notification to the JSEP Project Manager;

E. The process for establishing the existence of a problem;

F. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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G. For everyone listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

H. Expedited escalation procedures and any circumstances that would trigger expediting them;

I. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

J. Contact information for people responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

K. A process for updating and notifying the Contract Monitor of any changes to the PEP.

L. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the

State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

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3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of

Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Department of Juvenile Services Page 19 of 33 effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 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:

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

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

B. Professional Liability Insurance - Minimum of $1,000,000 per claim, covering errors and omissions related to educational services

C. Cyber Security / Data Breach Insurance – Five million dollars ($5,000,000) 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.

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.

3.13.2 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.

3.13.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to 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 canceled 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.

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

3.13.5 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 shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.6 Subcontractor Insurance

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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.

IFB for Department of Juvenile Services Page 21 of 33

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(Conference) summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the

Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for Department of Juvenile Services Page 22 of 33

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary

Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

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4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of

Bids.

4.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with

COMAR 21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a

Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

4.12.1 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.

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or

Attachment E as appropriate. Guidance for completing the Attachments is provided

IFB for Department of Juvenile Services Page 24 of 33 in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE

Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

4.12.3 If the Bidder is the subsidiary of another entity, all information submitted by the

Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 –

Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the

“Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the

Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the

Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit…