PDG RFQ Support Services for the Office of Early Childhood Transition.pdf

Solicitation No. R00B7600059 eMMA Reference No. BPM058750

Title: Support Services for the Office of Early Childhood Transition

Release Date: September 4, 2026

Small, Minority and Veteran-owned businesses are encouraged to respond to this solicitation.

Maryland State Department of Education

Title: Support Services for the Office of Early Childhood Transitions Request for Quotation

Issue Date: September 4, 2026

Title: Support Services for the Office of Early Childhood Transition

Procurement Officer: Jeremy Wilson, Procurement Officer Jeremy.wilson@maryland.gov

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

I. Background and Purpose

The Maryland State Department of Education (MSDE) is undergoing an important organizational transition as the Division of Early Childhood (DEC) becomes the Office of Early Childhood (OEC), effective October 1, 2026. This transition reflects MSDE’s broader effort to strengthen alignment, coherence, and operational effectiveness across Maryland’s early childhood education (ECE) system.

As OEC assumes responsibility for a unified portfolio of early childhood programs, MSDE is prioritizing improvements in strategic communications, internal operations, continuous quality improvement, and statewide systems coordination.

To support this transition, OEC requires short-term, specialized capacity to advance four essential areas of work: strategic communications, internal continuous quality improvement (CQI), program landscape review, and fiscal ecosystem analysis. These efforts will help ensure OEC enters its first months of operation with strengthened messaging, improved internal structures, a clear understanding of its program portfolio, and an accurate picture of the statewide early childhood funding landscape.

Specifically, MSDE seeks a contractor to:

• Provide strategic communications support to enhance public-facing messaging, improve field engagement consistency, and develop collateral and narrative materials that clearly communicate Maryland’s early childhood priorities and accomplishments.

• Build internal continuous quality improvement (CQI) frameworks that support sound implementation practices, routine data monitoring, and structured periodic reviews—helping OEC establish disciplined, sustainable internal operations from the outset.

• Conduct a comprehensive landscape review of OEC programs, analyzing strengths, gaps, operational conditions, and opportunities across key program areas, and providing recommendations that support coherence and alignment.

• Analyze Maryland’s early childhood fiscal ecosystem, including state, federal, local, and philanthropic investments, to equip OEC leadership with a full picture of funding streams and inform strategic, policy, and budget decisions.

This work, spanning October 1–December 31, 2026, will help OEC launch with strengthened infrastructure, improved strategic clarity, and the tools necessary to lead a unified, effective early childhood system for Maryland’s children, families, and providers.

II. Mandatory Requirements

The Bidder must demonstrate:

• Extensive experience in early childhood communications and field engagement, including developing strategic communications plans for public agencies, drafting clear and accessible content, and producing collateral for families, providers, policymakers, and national audiences.

• Proven expertise in strategic narrative development, with the ability to translate complex system changes and program outcomes into compelling storytelling materials suitable for national partners, philanthropy, and peer states.

• Experience reviewing and improving digital communications platforms, including assessing government or public-sector website content, recommending revisions, and drafting updated copy aligned to agency priorities and early childhood audiences.

• Strong capability in continuous quality improvement (CQI), including designing internal frameworks, quality assurance tools, routine data monitoring structures, sampling approaches, and step-back review processes used to improve implementation fidelity and operational discipline.

• Experience supporting public-sector operational improvement, including developing internal policy memos, protocols, standard operating procedures (SOPs), and guidance that codify shifts in practice within state agencies or similar organizations.

• Demonstrated expertise conducting landscape reviews of early childhood programs, including collecting and analyzing qualitative and quantitative data, identifying program strengths and gaps, assessing operational conditions, and providing actionable recommendations to leadership.

• Strong background in fiscal ecosystem analysis, including reviewing state, federal, local, and philanthropic early childhood funding streams and synthesizing financial information into clear insights for strategic, policy, and budget decision-making.

• Experience working with state early childhood agencies or comparable public-sector entities, especially on projects involving cross-unit coordination, systems alignment, operational transitions, or mixed-delivery early childhood systems.

• Ability to facilitate collaborative processes, engaging a wide range of stakeholders such as families, providers, local partners, internal staff, and external organizations to ensure analyses and deliverables reflect community needs and agency priorities.

• Capacity to complete complex, multi-stream deliverables within accelerated timelines, demonstrating strong project management skills and the ability to produce high-quality, actionable products with limited turnaround time.

III. Responsibilities and Tasks

The Contractor shall support the Maryland State Department of Education (MSDE) as the Division of Early Childhood transitions into the Office of Early Childhood (OEC), effective October 1, 2026. The Contractor shall complete the following responsibilities and tasks in close coordination with OEC leadership and designated MSDE staff.

1. Communications, Field Engagement, and National Storytelling The Contractor shall:

• Assess current OEC communications practices, public-facing materials, and messaging for families, providers, and partners.

• Review OEC/MSDE website content related to early childhood programs and recommend revisions to improve clarity, accessibility, and alignment with early childhood priorities.

• Draft updated or new website content, communications guidance, and messaging templates.

• Develop field-facing communications standards, including expectations for tone, content, timing, and quality checks prior to release.

• Map internal and external communications pathways to strengthen field engagement consistency.

• Develop narrative and collateral materials that clearly communicate Maryland’s early childhood vision, results, and priorities for internal and external use.

• Identify speaking engagements, convenings, partnerships, or publication opportunities to elevate

OEC’s visibility and support national storytelling.

2. Continuous Quality Improvement (CQI) Framework Development

The Contractor shall:

• Develop internal-facing CQI tools that support sustainable, consistent process improvement across

DEC teams.

• Create guidance and resources for proactive front-end quality assurance, ensuring clear expectations for program implementation and internal consistency.

• Establish routines and templates for data collection, sampling, and periodic review checkpoints to support real-time course correction.

• Design processes and materials for periodic step-back audits, including protocols for analyzing impact and using findings to inform strategic direction.

• Collaborate with incoming Early Childhood Operations leadership to review existing operational systems and identify priority areas for testing or applying the CQI framework.

• Draft internal policy memos, protocols, and standard operating procedures (SOPs) where shifts in practice are identified and require formal documentation.

• Support DEC in embedding CQI practices into team workflows, management routines, and operational planning.

3. Comprehensive Landscape Review of OCE Programs

The Contractor shall:

• Conduct a landscape review across OEC’s program portfolio, including program design, implementation processes, partnerships, staffing structures, and operational conditions.

• Examine qualitative and quantitative data to assess strengths, challenges, and opportunities across programs.

• Evaluate program coherence and alignment with OEC’s priorities and statewide early childhood goals.

• Identify gaps or areas in need of improved structure, capability, or resource allocation.

• Present findings to OEC leadership and integrate feedback from MSDE teams into the final assessment.

4. Ecosystem Fiscal Analysis

The Contractor shall:

• Review all early childhood funding streams statewide, including state and federal investments, local government contributions, and major philanthropic funding initiatives.

• Map the full fiscal ecosystem to identify overlaps, gaps, and opportunities for strategic alignment across funding sources.

• Provide recommendations to strengthen coherence across funding streams and better align fiscal resources with Maryland’s early childhood priorities

• Present findings to DEC leadership and integrate feedback into a final fiscal ecosystem report.

B. Deliverables

Deliverables shall be iterative, implementation-oriented, and developed in close collaboration with MSDE. Deliverables include, but are not limited to:

• Website Content Review and Recommendations Report: A document summarizing findings from the review of DEC/MSDE website pages and providing recommended edits, structural changes, and content improvements.

• Maryland Early Childhood National Narrative Package: A complete set of materials including:

o Case studies highlighting Maryland Momentum and DEC results o Talking points for DEC leadership o Earned-media materials suitable for national outlets and philanthropic partners o Narrative overview incorporating the Maryland EXCELS redesign

• New or Updated SOPs, Protocols, and Policy Memos: Drafted documents codifying shifts in operational practice identified through the CQI work.

• OEC Program Landscape Review Report: A comprehensive assessment of OEC programs including findings, qualitative and quantitative analysis, strengths, challenges, opportunities, and recommendations for improvement.

• Fiscal Analysis Report: A detailed report synthesizing funding streams, identifying gaps and overlaps, and offering strategic recommendations to improve alignment and maximize impact.

IV. Term of Contract

A single contract will be awarded to the Bidder that best meets the needs of the evaluation criteria. The anticipated term of the contract resulting from this solicitation shall begin on or about October 1, 2026 and terminate on December 31, 2026.

V. Place of Work

Work can be completed virtually or in-person at the Maryland State Department of Education, Nancy S.

Grasmick Building, 200 W. Baltimore Street, Baltimore, Maryland 21201.

VI. Questions

Questions shall be submitted by September 8, 2026, by 2:00 PM

All questions should be addressed in writing to the Procurement Officer. Please put the RFQ # and Title in the subject line of your email. Note: All responses to questions submitted, if any, shall only be posted on eMaryland Marketplace Advantage (eMMA) as Addendum #1 and or Q & A after the due date of questions are received. It is beneficial to be registered with “eMMA” to access the addendums and any other pertinent information. There may be other opportunities from State agencies there. There shall be no mailing of the Addendums. The link to “eMMA” to register is as follows:

https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

VII. Bid Submission Information and Due Date

Bids are due by September 11, 2026 by 2 PM EST https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

In accordance with COMAR 21.03.05, bids are to be submitted electronically through eMaryland Marketplace Advantage (eMMA) following the Quick Reference Guides (QRG) labeled “3 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions. The Bidder must submit a letter of interest, a resume that demonstrates the required qualifications for the services requested and the signed bid form Exhibit A (include ALL final costs for completing the project) to provide the service detailed in the Scope of Work. The submission must be received by September 11 by 2 p.m. If you have not done business with MSDE or the State of Maryland, or a significant amount of time has elapsed, please submit an updated W-9 with your bid. Bids will not be opened publicly.

VIII. Award

An award will be made based on the most advantageous offer to the State of Maryland considering price after meeting the evaluation criteria found in this solicitation. Vendors must first meet all the mandatory requirements. An award will be made based on the lowest price. Bids will not be considered by vendors who do not meet all the mandatory requirements. Total Bid Price will be the lowest price total on Exhibit A - Bid Form.

IX. Billing

The contractor shall bill the Department monthly for the work performed the previous month. The total cost of work may not exceed $100,000.00 for the term of the contract. All invoices must be on the contractor’s letterhead, must be signed and dated, and must include the following:

1. The contractor’s name and mailing address;

2. The contractor’s Federal Tax Identification or Social Security Number;

3. The State assigned Contract Control Number;

4. The State assigned blanket purchase order number;

5. The goods and services provided;

6. The time period covered by the invoice;

7. The amount of requested payment; and

8. Documentation to support invoice requested amount.

The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department 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 Department, 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.

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

X. Invoicing Instructions

Payment by the State requires a proper invoice to be submitted. Payments are made on a net 30 Schedule.

A. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and

.02) 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 Purchase Order number(s).

9) Goods or services provided.

10) Amount due; and

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

12) Consultants must submit a consultant log with their invoice.

B. 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.

C. 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.

XI. Partial/Multiple Consultants

The MSDE reserves the right to award contracts to multiple consultants for the services and materials required in this RFQ.

XII. Non-Hiring of Employees

No official or employee of the State of Maryland, as defined under State Government Article, §15-102, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this contract.

XIII. Most Favorable Bid Price

The State reserves the right to award the contract to the responsive and responsible bidder submitting the most favorable bid price for providing the goods and services, as specified in this RFQ.

XIV. Tie-bids

If bids are received from responsive and responsible Bidders that are identical in prices, terms and conditions, and which meet all requirements set forth in the solicitation, an award will be made in accordance with State Regulations 21.05.02.14B. If a tie still exists, the Bidder with the most experience shall be used to determine the successful Bidder.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

EXHIBIT A

BID FORM

(DO NOT ALTER OR AMEND THIS FORM.)

DETAILED COST CATEGORY Proposed of Hours

Times Cost per Hour

Total Cost

Full Scope of Work and Deliverables as Described in Section III of the RFQ, Including:

1. Communications, Field Engagement, and National Storytelling

2. Continuous Quality Improvement (CQI) Framework Development

3. Comprehensive Landscape Review of OCE Programs

4. Ecosystem Fiscal Analysis

Deliverables:

1. Website Content Review and Recommendations Report

2. Maryland Early Childhood National Narrative Package

3. New or Updated SOPs, Protocols, and Policy Memos

4. Fiscal Analysis Report

X $

TOTAL PROJECT COST

*Submit this Exhibit A and all supportive itemized pricing, a letter of interest and a resume.

Exhibit A: Price per day or per hour is to include all costs incurred both direct and indirect in delivering a product or service, which includes, but is not limited to travel, lodging, food, etc. All bids submitted shall be identified with RFQ #.

Late bids shall not be accepted.

Faxed or mailed bids shall not be accepted.

VENDOR’S NAME: _____________________________________________

Print

VENDOR’S ADDRESS: ______________________________________________________________________

City State Zip

VENDOR’S FEDERAL ID or SS#____________________________________________

NAME OF AUTHORIZED: ________________________________________

Print

SIGNATURE: ___________________________________________________

TITLE: _____________________________________________________

TELEPHONE NO: ______________________________ DATE: ________________________

E-MAIL: ________________________________________________

FAX NO. ____________________________________________________

ARE YOU REGISTERED TO DO BUSINESS WITH THE STATE OF MARYLAND?

IF NOT, PLEASE REGISTER HERE: https://businessexpress.maryland.gov/

YOUR BUSINESS MUST BE REGISTERED WITH THE STATE OF MARYLAND TO BE

AWARDED A CONTRACT.

ARE YOU A REGISTERED SMALL BUSINESS? YES ____ NO ____

IF YES: MARYLAND STATE CERTIFICATION #___________________________

IF YOU ARE NOT REGISTERED AS A SMALL BUSINESS, PLEASE VISIT

THE FOLLOWING FOR MORE INFORMATION:

http://goma.maryland.gov/Pages/sbr-Program.aspx

ARE YOU A REGISTERED MINORITY BUSINESS ENTERPRISE? YES____ NO____

IF YES: MARYLAND STATE CERTIFICATION #__________________________

FOR MORE INFORMATION AND TO SEE IF YOUR BUISNESS QUALIFIES AS

AN MBE/VSBE/DBE WITH THE STATE OF MARYLAND, PLESE VISIT THE

MARYLAND DEPARTMENT OF TRANSPORTATION.

https://businessexpress.maryland.gov/ http://goma.maryland.gov/Pages/sbr-Program.aspx https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=90

Exhibit B MSDE Supplemental Information Technology Requirements

1. Accessibility Requirements

These MSDE Supplemental Requirements are in addition to the requirements otherwise set forth in the solicitation. In the event of any conflict or inconsistency in any language in the solicitation or the

Contract, the stricter language shall apply.

1.1 Accessibility Compliance

A. The State is committed to ensuring that digital technology and services are accessible to individuals with disabilities in compliance with all applicable federal and State laws, regulations, and applicable technical standards. The Contractor shall be responsible for ensuring that any and all products and/or services provided under this Contract shall meet all accessibility requirements and standards set forth in applicable federal and State laws and regulations, including, without limitation, Education Article § 7-910 of the Annotated Code of Maryland, COMAR 13a.06.05, Title II of the

Americans with Disabilities Act, the Federal Rehabilitation Act of 1973, 28 C.F.R. 35 (including the

Final Rule on “Accessibility of Web Content and Mobile Apps Provided by State and Local

Governments” the (“Final Rule”)), and the technical standard set forth in the Web Content Accessibility

Guidelines (“WCAG”) 2.1, Level AA. The Contractor acknowledges that MSDE seeks to comply, and expects compliance from the Contractor, with the Federal Rule immediately. If any laws, regulations, or standards regarding accessibility of the provided products or services change during Contract performance, the Contractor shall agree to modify its products or services to comply with the changed laws, regulations, or standards.

B. The Contractor guarantees that all documents, materials, and other deliverables produced or provided as part of this Contract will be fully and equally accessible to persons with disabilities under all applicable federal and State laws and regulations, including those referenced in subsection A of this

Section. If the documents, materials, and other deliverables are to be distributed or posted to MSDE’s website, final versions shall be ready for posting with no additional modification to the documents, materials, or other deliverables necessary to be performed by MSDE. This includes documents and materials provided in English, as well as those documents and materials that the Contractor is required to translate into another language.

C. The Contractor guarantees that all digital tools and/or any web content and mobile app services supplied under this Contract meet the accessibility standards set forth in WCAG 2.1 Level AA.

Further, the Contractor guarantees all digital tools and/or any web content and mobile app services supplied under this Contract conform to meet any requirements under all applicable Federal and State laws and regulations, including those referenced in subsection A of this Section.

D. The Contractor agrees to adhere to all requirements of Education Article § 7-910 and any applicable regulations. The Contractor also agrees to adhere to all requirements set forth in 28 C.F.R.

35, including Final Rule, as it relates to the services provided to the State by the Contractor.

E. The Contractor may not provide non-accessible or alternative non-conforming digital tools or any web content and mobile app services unless exceptions are specifically authorized in writing to do so by the State. Any conforming alternative version of any digital or any web content and mobile app services, or any portion thereof, must be approved in writing by the State.

F. If there is any conflict or inconsistency in the solicitation or the resulting Contract regarding accessibility standards that must be met by the Contractor, the higher standard shall prevail.

Any attempt by the Offeror/Bidder or Contractor to limit its compliance with accessibility laws, regulations, or solicitation requirements in its proposal/bid shall not be allowed and such language shall be considered void in the event the parties enter into a Contract.

G. If there is a technical proposal submitted in response to a request for proposals (“RFP”), the Offeror shall describe how its products and/or services are accessible under applicable laws, regulations, and the WCAG 2.1, Level AA technical standard.

H. If there is a bid submitted in response to an invitation for bids (“IFB”), the Bidder hereby warrants that its products and/or services are accessible under applicable laws, regulations, and the

WCAG 2.1, Level AA technical standard.

I. If this Contract is the result of a sole source procurement or intergovernmental cooperative purchasing agreement (including a participating addendum), the Contractor hereby warrants that its products and/or services are accessible under applicable laws, regulations, and the WCGA 2.1, Level AA technical standard.

J. In its technical proposal, the Offeror shall clearly inform the State if it believes that accessibility compliance will result in an undue financial or administrative burden to the

State without including any pricing information. However, any final determination of any undue financial or administrative burden shall rest solely with the State and, unless directed otherwise, the

Offeror must still adhere to all applicable accessibility laws and technical requirements. The Offeror shall structure its technical and financial proposals based upon adherence to all applicable accessibility laws and technical requirements.

1.1.1 Accessibility Maintenance and Support

During the Contract term, the Contractor shall provide ongoing maintenance and support for accessibility for provided products and services, including, but not limited to, any digital tools and any web content and mobile app services. The ongoing maintenance and support shall consist of, at a minimum, the services described in this section.

A. Accessibility Compliance Audits. The Contractor shall periodically, but no less than annually, conduct accessibility compliance audits, to ensure continued compliance with all applicable laws, regulations, and the WCAG 2.1 Level AA technical standard. This audit shall a Voluntary Product

Accessibility Template (VPAT) and the VPAT must adhere to the current published standards (currently

- version 2.5 REV WCAG or 2.5 REV 508 or their latest rendition). The audit must include a list of identified WCAG 2.1 Level AA areas of non-compliance and estimated remediation timeframes. The results of the audit shall be provided to the Contract Monitor no later than 120 days after the Contract start date and annually thereafter. The State reserves the right to request additional accessibility compliance audits, at no additional cost to the State if the State, in its sole discretion, determines there is a need for an audit more than annually.

B. State-Conducted Accessibility Compliance Audits. The State reserves the right to conduct its own accessibility compliance audit in order to determine if the Contractor is in compliance with all applicable laws, regulations, and the WCAG 2.1 Level AA technical standard. MSDE’s failure to conduct an accessibility compliance audit does not waive the duties and obligations of the Contractor to comply with all applicable laws, regulations, and technical standards related to accessibility.

C. Accessibility Remediation. The Contractor shall remediate any identified non-compliance with any applicable laws, regulations, and the WCAG 2.1, Level AA technical standard, conduct validation testing, and provide documentation of the testing results within thirty (30) days of notification of its discovery of any non-compliance or notice of any non-compliance, whichever is earlier. The remediation shall be at no additional cost to the State. The Contract Monitor may allow an additional time for remediation, if the Contractor appears to be working diligently toward remediation but cannot meet the thirty (30) day deadline.

1.1.2 Accessibility Compliance Indemnity and Potential Penalties

A. For purposes of clarification, the Contractor’s indemnification obligations set forth in

Exhibit 2 – Contract shall include the accessibility compliance requirements set forth in this Section and any claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s, or any of its subcontractors’, compliance with applicable laws, regulations, and guidelines associated with accessibility compliance. Nothing in this

Section shall be viewed as limiting the indemnification requirements and obligations set forth in Exhibit

2 – Contract.

B. Any limitation of liability clause in the Contract shall not apply to accessibility compliance and the Contractor’s liability shall be unlimited.

C. In addition to the indemnification obligations set forth in this Section and in this

Contract, if the Contractor fails to meet the equivalent access standards required by any applicable federal or State law or regulation, it may be assessed civil penalties or fine, including those set forth in

Education Article § 7-910.

1.1.3 Third-Party Technology

The Contractor acknowledges and agrees that supplying third-party technology, products, or services does not exempt the Contractor from ensuring that the products or services provided under this Contract comply with the accessibility requirements of this Section. The Contractor bears sole responsibility for determining the accessibility of such technology, products, or services and must ensure that any product can be edited or remediated as necessary to comply with accessibility standards.

1.1.4 Information Technology Supplemental

The Information Technology Supplemental section entitled “Nonvisual Access” shall be construed in its entirety to require the Contractor to meet all accessibility requirements set forth in Federal and State laws and regulations, regardless of whether a disability and the corresponding accessibility requirement is related to vision. All subsections of “Nonvisual Access” shall be interpreted broadly and liberally to extend beyond vision in order to comply with all applicable accessibility and equivalent access standards.

CONTRACT TERMS AND CONDITIONS

1. Contract Modifications: Control of the design and administration of the Contract is the exclusive responsibility of MSDE. MSDE reserves the right to change components of the design and/or substitute tasks on an equal basis should the need arise after the Contract award. These substituted tasks which are on an equal basis with the tasks in the Contract shall be subject to the following conditions: i. Changes in tasks will not increase the overall scope of work described in the solicitation nor the amount of the Contract award. ii. Changes will not be suggested for any specific task once the Contractor has begun work on it. iii. All changes will be submitted to the Contractor in writing by MSDE.

Any changes to the Contract requested by MSDE or by the Contractor that will affect the scope/cost of the Contract or that are made after the work has begun will be negotiated between MSDE and the Contractor in the following fashion: i. A written request shall be made by either party. ii. The request shall be relayed to any other contractual party impacted by the proposed change. iii. Written acceptance shall be issued by the other party(ies) with cost, time line, and/or task changes negotiated by all parties. Changes shall not be binding until such written acceptance has been completed by all parties and approved by MSDE, as well as other State approvals as required. Amendments may not significantly change the scope of this Contract (including the Contract price).

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Variations on Estimated Quantities: ( ) Required. Items deliverable in multiple quantities shall not vary from estimated quantities in an amount exceeding five percent.

No adjustments to the unit prices shall be made based upon any variations in estimated quantities.

Suspension of Work: The procurement officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such a period of time as the procurement officer may determine to be appropriate for the convenience of the State.

Pre-Existing Regulations: In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this Contract are applicable to this Contract.

Financial Disclosure: The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during the calendar year under which the business is to receive in the aggregate, $100,000 or more, shall, within 30 days of the time when the aggregate value of these contracts, leases, or other agreements reaches $100,000, file with the Secretary of State

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Non-Hiring of Officials and Employees: No official or employee of the State of Maryland, as defined under Md. Code Ann., State Government Article, § 15-102, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall during the pendency of term of this Contract and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

Disputes: This Contract shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10. Pending resolution of a dispute, the Contractor shall proceed diligently with the performance of this Contract, as directed by the procurement officer. Unless a lesser period is provided by law or by contract, the Contractor must file a written notice of claim with the procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier.

Maryland Law Prevails: The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Md. Code Ann., Commercial Law Article, Title 22) does not apply to this Contract or any software licenses acquired hereunder.

Nondiscrimination in Employment: The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of Md. Code Ann., State Finance and Procurement Article § 13- 219, COMAR 21.07.01.08, and the commercial nondiscrimination provisions of Md. Code Ann., State Finance and Procurement Article, Title 19, Subtitle 1. The Contractor agrees:

(a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age sex, marital status, national origin, ancestry, or physical or mental disability of a qualified individual with a disability; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials and, (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

Contingent Fee Prohibition: The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract.

Termination for Nonappropriation: If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

Termination for Default: If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

Termination for Convenience: The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract.

However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

Anti-Bribery: The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

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certain specified information to include disclosures of beneficial ownership of the business.

Political Contribution Disclosure: The Contractor shall comply with Md. Code Ann., Election Law Article §§ 14-101 through 14-108, which requires that every person that enters into contracts, leases, or other agreements with the State, a county, or an incorporated municipality, or their agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Board of Elections: (1) before a purchase or execution of a lease or Contract by the State, a county, an incorporated municipality, or other agencies and shall cover the preceding two calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice, throughout the contract term, on; (a) February 5, to cover the 6-month period ending January 31; and (b) August 5 to cover the 6-month period ending July 31.

Retention of Records: The Contractor shall retain and maintain all records and documents relating to this Contract for three years after the final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times. This section shall survive expiration or termination of this contract.

Compliance with Laws: The Contractor hereby represents and warrants that it: A. is qualified to do business in the State of Maryland and that it will take such action, as from time to time hereafter, may be necessary to remain so qualified; B. is not in arrears with respect to payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; C. shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and D. shall obtain, at its expense, all licenses, permits, insurance, and government approvals, if any, necessary to the performance of its obligations under this Contract.

Compliance with ADA: Contractor shall comply with the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et. seq. and applicable regulations. To the extent required by the ADA, Contractor’s facilities, services, and programs shall be accessible to persons with disabilities. Contractor shall bear sole responsibility for assuring that its activities under this Contract conform to the ADA. Contractor shall indemnify and hold the State harmless in any administrative proceeding or other actions brought pursuant to the ADA for all damages, attorney’s fees, litigation expenses, and costs, if such action or proceeding arises from the act of Contractor, Contractor’s employees, agents, or subcontractors.

Patents, Copyrights, and Intellectual Property: If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items.

Indemnification: The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys’ fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperformance of the Contractor or its subcontractors under this Contract. The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor’s performance under this Contract. This section shall survive expiration or termination of this contract.