PHPA 3733- ASL Interpretation For The Maryland EHDI Program eMMA.pdf
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- Attached to
- American Sign Language Interpretation for the Maryland Early Hearing Detection and Intervention Program
- Solicitation number
- BPM055049
- Issued by
- Maryland
About this file
This is a Scope of Work document issued by the Maryland Department of Health, Office of Children and Youth with Specific Health Care Needs (OCYSHCN), for American Sign Language (ASL) interpretation services supporting the Maryland Early Hearing Detection and Intervention (EHDI) Program. The contract requires a minimum of 50 hours of ASL interpretation services to support program activities. The document outlines the specific responsibilities and deliverables expected from the interpreter, including attendance at program meetings, provision of interpretation services for various program communications, and coordination with program staff. While specific response deadlines, due dates, and award timelines are not detailed in the provided excerpt, the contract scope establishes clear performance expectations for the selected interpreter to facilitate communication accessibility within the EHDI program.
The pricing structure, set-asides, contract term, and renewal options are not specified in the available document excerpt. Additional information regarding funding sources, budget allocation, and whether this opportunity is designated for small businesses, minority-owned enterprises, or other special categories would be found in the complete RFP documentation. The contract appears to be designed to ensure linguistic accessibility and accommodation for deaf and hard-of-hearing participants or staff members engaged with the Maryland EHDI Program's mission of early identification and intervention for children with hearing loss.
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Text version
EXHIBIT A
REQUEST FOR PROPOSALS (RFP)
PROCUREMENT ID NUMBER – PHPA 3733/BPM055049
Issue Date: January 22, 2026
AMERICAN SIGN LANGUAGE INTERPRETATION FOR THE
MARYLAND EARLY HEARING DETECTION AND
INTERVENTION PROGRAM
NOTICE
A Prospective Offeror that has received this document from the Maryland Department of Health’s website or https://procurement.maryland.gov , or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the
Prospective Offeror’s name and mailing address so that addenda to the RFP or other communications can be sent to the Prospective Offeror.
Minority Business Enterprises Are Encouraged to Respond to this Solicitation
Small Business Reserve Are Encouraged to Respond to this Solicitation
THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL
PROCUREMENT REGULATIONS DESCRIBED IN COMAR 21.05.07
https://procurement.maryland.gov/
08/31/2022
STATE OF MARYLAND
MARYLAND DEPARTMENT OF HEALTH
RFP KEY INFORMATION SUMMARY SHEET
Request for Proposals: American Sign Language Interpretation for the Maryland
Early Hearing Detection and Intervention Program
Solicitation Number: PHPA 3733/BPM055049
RFP Issue Date: January 22, 2026
RFP Issuing Office: Maryland Department of Health
Office of Children and Youth with Specific Health Care
Needs
Procurement Officer: Augustus Woyah
Maryland Department of Health
Prevention and Health Promotion Administration
201 West Preston Street
Baltimore, MD 21201
Email: augustus.woyah@maryland.gov
Phone: 410-767-5063
Contract Monitor: Yasmine Price
Prevention and Health Promotion Administration
201 West Preston Street
Baltimore, MD 21201
Proposals are to be submitted to: eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnU rl=%2fpage.aspx%2fen%2fbuy%2fhomepage - Additional information can be found in the Frequently Asked Questions and Quick Reference Guides. Any questions please contact the eMMA Help Desk at eMMA.helpdesk@maryland.gov.
Questions Due Date: February 6, 2026, 2:00 PM EST
Closing Date and Time: February 12, 2026, 2:00 PM Local Time EST mailto:augustus.woyah@maryland.gov https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://mdprocurement.freshdesk.com/support/home https://mdprocurement.freshdesk.com/support/home
07/24/2024
SECTION 1 - GENERAL INFORMATION
1.1 Summary Statement
1.1.1 The Maryland Department of Health (MDH or the Department),Office of Children and Youth with Specific
Health Care Needs (OCYSHCN), is issuing this Request for Proposals (RFP) to provide at least 50 hours of
American Sign Language (ASL) interpretation for the Maryland Early Hearing Detection and Intervention
Program.
1.1.2 It is the State’s intention to obtain services, as specified in this RFP, from a Contract between the selected
Offeror and the State. The anticipated duration of services to be provided under this Contract is July 1, 2026 to June 30, 2029.
1.1.3 The Department intends to make a single award as a result of this RFP.
1.1.4 Offerors, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.
1.2 Contract Type
The Contract resulting from this solicitation shall be a firm fixed price as defined in COMAR 21.06.03.02.
1.3 Procurement Method
This solicitation shall be made in accordance with the small procurement regulations described in COMAR 21.05.07.
1.4 Procurement Officer
The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the
Procurement Officer at the address listed below:
Augustus Woyah
Prevention and Health Promotion Administration
201 West Preston Street
Baltimore, MD 21201
Email: augustus.woyah@maryland.gov
Phone: 410-767-5063
The Department may change the Procurement Officer at any time by written notice.
mailto:augustus.woyah@maryland.gov
1.5 Contract Monitor
The Contract Monitor is:
Yasmine Price
Prevention and Health Promotion Administration
201 West Preston Street, Baltimore, MD 21201
The Department may change the Contract Monitor at any time by written notice.
1.6 eMaryland Marketplace Advantage
Each Offeror is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number in the
Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP.
eMMA is an electronic commerce system administered by the Maryland Department of General Services. The RFP and associated materials, the solicitation and summary of the Pre-Proposal Conference, Offeror questions and the
Procurement Officer’s responses, addenda, and other solicitation-related information will be provided via eMMA.
In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://procurement.maryland.gov/, click on “Register” to begin the process, and then follow the prompts.
1.7 Questions
Written questions from prospective Offerors will be accepted by the Procurement Officer. Questions to the
Procurement Officer shall be submitted via e-mail to the following e-mail address: augustus.woyah@maryland.gov.
Please identify in the subject line the Solicitation Number and Title.
Questions are requested to be submitted by the date indicated on 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 Proposal due date.
1.8 Pre-Proposal Conference
There will not be a Pre-Proposal Conference for this RFP.
1.9 Proposals Due (Closing) Date and Time
Proposals, in the number and form set forth in Section 4.2 “Proposals' ' must be received in eMMA no later than 2:00
PM EST Local Time on February 12, 2026, as indicated on the Key Information Summary Sheet in order to be considered.
Requests for extension of this time or date will not be granted. Proposals received after the due date and time listed in this section will not be considered. Questions regarding this solicitation should be directed (By email only, no phone calls will be accepted) to the PROCUREMENT OFFICER.
https://procurement.maryland.gov/
Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in this section for receipt of Proposals. Multiple and/or alternate Proposals will not be accepted.
Proposals may not be submitted by email, mail, hand delivery, or facsimile.
1.10 Award Basis
The Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in this RFP, for providing the goods and services as specified in this RFP. See RFP Section 5 for further award information.
1.11 Revisions to the RFP
If it becomes necessary to revise this RFP before the due date for Proposals, the Department shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, addenda to the RFP will be posted on eMMA. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals.
Addenda made after the due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under award consideration as of the issuance date of the addenda.
Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the
Transmittal Letter accompanying the Offeror’s Technical Proposal. Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum.
1.12 Cancellations
The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State. The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations. In the event a government entity proposes and receives the recommendation for award, the procurement may be canceled and the award processed in accordance with COMAR 21.01.03.01.A(4). If the services that are the subject of the RFP 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 RFP may be canceled in accordance with Md. Code Ann., State Finance and Procurement
Art., § 3- 207(b)(2).
SECTION 2 – MINIMUM QUALIFICATIONS
2.1 Offeror Minimum Qualifications
The Offeror must provide proof with its Proposal that the following Minimum Qualifications have been met:
2.1.1 The Contractor must document in its Proposal that it satisfies the following Minimum Qualifications:
A. The Contractor must demonstrate proficiency in interpreting spoken language to sign language and interpreting sign to spoken language for small to medium-sized meetings, presentations, and open discussion.
As evidence of interpretation proficiency, the Contractor shall be required to interpret a brief presentation and a discussion between multiple parties.
B. The Contractor shall be certified by the Registry of Interpreters of the Deaf.
REQUIRED DOCUMENTATION: As proof of meeting this requirement, the Contractor shall provide with its Proposal a copy of the certification.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SECTION 3 – SCOPE OF WORK
3.1 Background and Purpose
The Maryland Early Hearing Detection and Intervention (MD EHDI) Program is dedicated to ensuring all newborns in Maryland receive timely hearing screenings, with the goal of identifying hearing status by three months of age. To support this goal, the MD EHDI Program collaborates with statewide providers to facilitate access to early intervention services for infants identified as deaf or hard of hearing, ideally by six months of age.
The Advisory Council to the Maryland Early Hearing Detection and Intervention Program plays a crucial role in this mission. Established originally in 1985 (Chapter 402, Acts of 1985) and currently operating under the Annotated
Code of Maryland, Health General Article § 13-603, the Council provides essential information, consultation, and advice to the Maryland Department of Health (MDH). The Council fosters a strong, positive relationship with the
Office for Children and Youth with Specific Health Care Needs (OCYSHCN) and actively promotes parent and family engagement within the program.
This solicitation is issued to secure American Sign Language interpretation services for MD EHDI. These services are essential to ensuring effective communication and access to program resources for individuals who are deaf or hard of hearing, thereby supporting the overall goals of the MD EHDI and the Advisory Council.
3.2 Scope of Work - Requirements
The Contractor shall:
3.2.1 American Sign Language Interpretation (ASL) and Requirements
Provide interpretation services at a minimum of 50 hours throughout the contract. A calendar of planned meetings will be provided at the start of the contract, with the potential for ad hoc meetings to be added.
1. The Contractor must provide proof with its Proposal that the following Minimum Qualifications have been met:
a. The Contractor must demonstrate proficiency in interpreting spoken language to sign language and interpreting sign to spoken language for small to medium-sized meetings, presentations, and open discussion. As evidence of interpretation proficiency, the Contractor shall be required to interpret a brief presentation and a discussion between multiple parties.
b. The Contractor shall be certified by the Registry of Interpreters of the Deaf. As proof of meeting this requirement, the Contractor shall provide with its Proposal a copy of the certification.
2. Upon selection, the Contractor shall:
a. Provide American Sign Language interpretation services at all MD-EHDI Advisory Council meetings. There will be 12 Advisory Council meetings scheduled throughout the contract.
b. Provide American Sign Language interpretation services at all pre and post MD-EHDI Advisory
Council meetings. There will be 12 per Advisory Council meetings and 12 post Advisory Council meetings scheduled throughout the contract.
c. Provide American Sign Language interpretation services at ad hoc meetings, given that the program provides three business days’ notice.
3.2.2 General Requirements
3.2.2 The Americans with Disabilities Act: The Americans with Disabilities Act (https:www.ada.gov/) protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities. Accessibility and inclusion of diverse populations are essential to reduce health disparities for vulnerable populations. Contractors must comply with all ADA requirements in their work to ensure the needs of persons with disabilities and other vulnerable populations are met. This includes, but is not limited to:
● facilities and any venues used for meetings/conferences are accessible;
● requested accommodations are provided in a timely manner; and
● written and printed materials developed in accessible formats (easy to read, large print, etc.), or providing access to alternative formats.
For contracts which include direct patient care or service delivery through a program, the ADA requires entities provide full and equal access for people with disabilities. This includes, but is not limited to:
● reasonable modifications of policies, practices, and procedures;
● effective communication; and
● accessible facilities.
3.3 Invoicing
3.3.1 General
(a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All invoices shall include the following information:
● Contractor name;
● Remittance address;
● Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);
● Invoice period;
● Invoice date;
● Invoice number
● State assigned Contract number;
● State assigned (Blanket) Purchase Order number(s);
● Goods or services provided; and
● Amount due.
Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.
(b) 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 in the event that the Contractor otherwise materially 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 21.10.02.
3.3.2 Invoice Submission Schedule
The Contractor shall submit invoices in accordance with the following schedule:
Due Date
First Quarter Invoice Year 1: October 15, 2026
Year 2: October 15, 2027
Year 3: October 15, 2028
Second Quarter Invoice Year 1: January 15, 2027
Year 2: January 15, 2028
Year 3: January 15, 2029
Third Quarter Invoice Year 1: April 15, 2027
Year 2: April 15, 2028
Year 3: April 15, 2029
Fourth Quarter Invoice Year 1: July 15, 2027
Year 2: July 15, 2028
Final Invoice (Form 440/440A) Year 3: August 30, 2029
SECTION 4 – PROPOSAL FORMAT
4.1 Two Part Submission
Offerors shall submit Proposals in separate volumes:
▪ Volume I – TECHNICAL PROPOSAL
▪ Volume II – FINANCIAL PROPOSAL
4.2 Proposals
4.2.1 Proposals must be submitted to eMMA by the due date indicated on Key Information Summary Sheet. The
Procurement Officer will not accept submission after the date and exact time stated in the Key Information Summary
Sheet.
4.2.1.1 The eMMA submission subject line shall state the RFP Title and number and either Technical Proposal or
Budget Narrative.
4.2.1.2 Two Part Submission:
A. Technical Proposal (See 4.3.)
B. Financial Proposal (See 4.4)
4.2.2 Proposals will be shown only to State employees, members of the Evaluation Committee, or other persons deemed by the Department to have a legitimate interest in them.
*All information submitted as part of this proposal is subject to release under the Public Information Act
(PIA). If you would like the Maryland Department of Health (MDH) to consider redactions in the event that your proposal is subject to a PIA request, submit a proposed PIA copy including justifications for each redaction and under what statute that justification is qualified for redaction.
4.3 Volume I – Technical Proposal
Note: No pricing information is to be included in the Technical Proposal (Volume 1). Pricing information is to be included only in the Financial Proposal (Volume II).
4.3.1 The Technical Proposal shall include the following documents and information in the order specified as follows:
4.3.1.1 Transmittal Letter:
● Offeror;
● Solicitation Title and Solicitation Number that the Proposal is in response to;
● Signature, typed name, and title of an individual authorized to commit the Offeror to its Proposal;
● Federal Employer Identification Number (FEIN) of the Offeror, or if a single individual, that individual’s
Social Security Number (SSN);
● Offeror’s eMMA number;
● Offeror’s MBE certification number (if applicable);
● Offeror’s SBR number (if applicable) – please contact eMMA at 410-767-1492 if you don’t know your number.
4.3.1.2 Minimum Qualifications Documentation (If applicable)
The Offeror shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 2
“Offeror Minimum Qualifications.”
4.3.1.3 Offeror Technical Response to RFP Requirements and Proposed Work Plan:
a. The Offeror shall address each Scope of Work requirement (Section 3.2) in its Technical Proposal and describe how its proposed services, including the services of any proposed subcontractor(s), will meet or exceed the requirement(s). If the State is seeking Offeror agreement to any requirement(s), the Offeror shall state its agreement or disagreement. Any paragraph in the Technical Proposal that responds to a Scope of Work (Section 3.2) requirement shall include an explanation of how the work will be done. Any exception to a requirement, term, or condition may result in having the Proposal classified as not reasonably susceptible of being selected for award or the
Offeror deemed not responsible.
b. The Offeror shall give a definitive description of the proposed plan to meet the requirements of the RFP, i.e., a Work Plan. The Work Plan shall include the specific methodology and techniques to be used by the Offeror in providing the required services as outlined in RFP Section 3, Scope of Work. The description shall include an outline of the overall management concepts employed by the Offeror and a project management plan, including project control mechanisms and overall timelines. Project deadlines considered contract deliverables must be recognized in the Work Plan.
4.4 Volume II – Financial Proposal
Under a separate file from the Technical Proposal and clearly identified in the format identified in Section 4.2
“Proposals,” the Offeror shall submit their Financial Proposal. The Financial Proposal shall contain all price information in the format specified in Exhibit B. The Offeror shall complete the Financial Proposal Form only as provided in the RFP.
SECTION 5 – EVALUATION COMMITTEE, EVALUATION CRITERIA, AND
SELECTION PROCEDURE
5.1 Evaluation Committee
Evaluation of Proposals will be performed in accordance with COMAR 21.05.03 by a committee established for that purpose and based on the evaluation criteria set forth below. The Evaluation Committee will review Proposals, participate in Offeror interpretation demonstrations, and provide input to the Procurement Officer. The Department reserves the right to utilize the services of individuals outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.
5.2 Technical Proposal Evaluation Criteria
The criteria to be used to evaluate each Technical Proposal are listed below in descending order of importance.
Unless stated otherwise, any sub-criteria within each criterion have equal weight.
5.2.1 American Sign Language Interpretation (ASL) and Requirements as described in Section 3.2.1
5.2.2 Demonstration of interpretation of American Sign Language (ASL) as described in Section 3.2.1
● Meeting invite to be determined and sent by the Procurement Officer upon evaluation.
5.2.3 General Requirements as described in Section 3.2.2
5.3 Financial Proposal Evaluation Criteria
All Qualified Offerors will be ranked from most advantageous to the least advantageous price based on the Total
Proposal Price within the stated guidelines set forth in this RFP and as submitted on Exhibit B - Financial Proposal
Form. In cases where the financial cost is fixed, then only the technical proposals are ranked.
5.4 Selection Procedures
5.4.1 General
The Contract will be awarded in accordance with the Competitive Sealed Proposals (CSP) method found at COMAR
21.05.03. The Competitive Sealed Proposals method allows for the conducting of discussions and the revision of
Proposals during these discussions. Therefore, the State may conduct discussions with all Offerors that have submitted Proposals that are determined to be reasonably susceptible of being selected for contract award or potentially so. However, the State reserves the right to make an award without holding discussions.
In either case (i.e., with or without discussions), the State may determine an Offeror to be not responsible and/or an
Offeror’s Proposal to be not reasonably susceptible of being selected for award at any time after the initial closing date for receipt of Proposals and prior to Contract award. If the State finds an Offeror to be not responsible and/or an
Offeror’s Technical Proposal to be not reasonably susceptible of being selected for award, that Offeror’s Financial
Proposal will be returned if the Financial Proposal is unopened at the time of the determination.
5.4.2 Award Determination
Upon completion of the Technical Proposal and Financial Proposal evaluations and rankings, each Offeror will receive an overall ranking. The Procurement Officer will recommend award of the Contract to the responsible
Offeror that submitted the Proposal determined to be the most advantageous to the State. In making this most advantageous Proposal determination, technical factors will receive equal weight with financial factors.
RFP ATTACHMENTS
EXHIBIT B – Financial Proposal Form
This must be completed and submitted with the Technical Proposal in a separate envelope.
ATTACHMENT A – Contract
This is the sample contract used by the Department. It is provided with the RFP for informational purposes and is not required to be submitted at Proposal submission time. Upon notification of recommendation for award, a completed contract will be sent to the recommended awardee for signature. The recommended awardee must return to the Procurement Officer three (3) executed copies if submission is required by mail within five (5) Business Days after receipt. Upon Contract award, a fully-executed copy will be sent to the
Contractor.
ATTACHMENT B – Proposal Affidavit
This must be completed and submitted with the Technical Proposal.
EXHIBIT B – FINANCIAL PROPOSAL FORM
FINANCIAL PROPOSAL FORM
The Financial Proposal shall contain all price information in the format specified on these pages. Complete the
Financial Proposal Form only as provided in the Financial Proposal Form format. Do not amend, alter or leave blank any items on the Financial Proposal Form. If option years are included, Offerors must submit costs for each option year. Failure to adhere to any of these instructions may result in the financial proposal being determined nonresponsive and rejected by the Department.
Price is based on a Total Cost of: $______________.
* Indirect Costs not to exceed 10% of Total Direct Costs
Submitted By:
Authorized Signature: ________________________________Date: ____________________
Printed Name and Title:__________________________________________________________________
Company Name: ________________________________________________________________________
Company Address: ______________________________________________________________________
Location(s) from which services will be performed
(City/State):___________________________________________
FEIN: _________________________________________
E-mail: ________________________________________
Item Qty Unit Cost Total Cost
A. Salary
B. Fringe
C. Indirect Costs
E. Other: (Specify)
TOTAL Cost
(A+B+C+D+E)
ATTACHMENT A – CONTRACT
STATE OF MARYLAND
DEPARTMENT OF HEALTH
SMALL PROCUREMENT CONTRACT
THIS CONTRACT (the “Contract”), is made as of the day of , 20 by and between the STATE OF MARYLAND, acting through the DEPARTMENT OF HEALTH (“Department”), and
(“Contractor”) whose principal office in Maryland is and whose principal business address is
(Please note that this template provides to you the clauses that are necessary for all small procurements. Your particular procurement may need additional clauses or provisions, such as those that are typically found in the standard solicitation templates and contracts (e.g., security provisions, rights in records, intellectual property, designation of the contract monitor, etc.)
The parties agree as follows:
1. Scope of Contract.
(a) The Contractor shall provide the following goods or services:
(Insert Contract Specifications here. Any product or service deliverables, milestones, or deadlines must be identified.
The specifications must clearly articulate what the State will be purchasing via this contract. Readers should understand exactly what the State is buying. The specifications need to be clearly written so that payment can be made appropriately, work (un)performed can be identified, and the contractual rights of the State can be enforced. If there is a written scope of work/solicitation, you can refer to it here.)
The scope of work or solicitation dated is attached and incorporated by reference as Exhibit . The
Contractor’s Proposal or proposal dated is attached and incorporated by references as Exhibit . If there
Is any conflict between this Contract and any exhibits incorporated by reference, the terms of this contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision:
Exhibit A – the scope of work or solicitation and Exhibit B – the Contractor’s Proposal or proposal.
(b) Changes. This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).
2. Term of Contract. The term of this Contract shall be for the period of
, 20 through , 20 .
3. Compensation and Method of Payment.
(a) Compensation. The total compensation for services to be rendered by the Contractor shall not exceed $____________. (Insert the appropriate dollar amount for this Contract.)
(b) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.
(c) Tax Identification Number. The Contractor’s Federal Tax Identification Number is
. The Contractor’s Social Security Number is
(Individual Contractor Only). Contractor’s Federal Tax Identification Number (or
Social Security Number - Individual Contractor Only) shall appear on all invoices submitted by the Contractor to the Department for payment.
(d) Invoicing. All invoices for services shall be signed by the Contractor and submitted to the Procurement Officer. All invoices shall be submitted in triplicate no later than the 15th of the month for the preceding calendar month. (The invoice schedule may be adjusted to meet your particular needs. The 15th of the month billing cycle is fairly typical, but not required.) All invoices shall include the following information:
● Contractor name;
● Remittance address;
● Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);
● Invoice period;
● Invoice date;
● Invoice number
● State assigned Contract number;
● State assigned (Blanket) Purchase Order number(s);
● Goods or services provided; and
● Amount due.
Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.
4. Procurement Officer. The Department designates to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.
5. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies.
Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.
6. 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).
7. 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.
8. Termination for Non Appropriation. 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.
9. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and Procurement Article, Maryland Code and Code of Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement Article, Maryland Code.
10. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any software license acquired hereunder.
11. 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.
12. Commercial Non-Discrimination Policy. The Contractor shall comply with the provisions of State Finance and Procurement Article. Title 19, Annotated Code of Maryland.
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.
CONTRACTOR STATE OF MARYLAND
DEPARTMENT OF HEALTH
(Seal)
By: By:
(Printed Name and Title) (Printed Name and Title)
Date Date
Attachments: Exhibit A: Scope of Work or Solicitation Exhibit B: Proposal or Proposal
ATTACHMENT B – Proposal Affidavit
A. AUTHORITY
I hereby affirm that I, _____________________ (name of affiant) am the ______________ (title) and duly authorized representative of _________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned Contractor/Offeror hereby certifies and agrees that the following information is correct: In preparing its Proposal/proposal on this project, the Contractor/Offeror has considered all Proposal/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Proposal/proposal submitted by the Contractor/Offeror on this project, and terminate any contract awarded based on the Proposal/proposal. As part of its Proposal/proposal, the
Contractor/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Contractor/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Contractor/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and
Procurement Article of the Annotated Code of Maryland.
B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
The undersigned Contractor/Offeror hereby certifies and agrees that it has fully complied with the State Minority
Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Proposal/proposal and:
(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority Proposal/proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the
Proposal/proposal;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the Proposal/proposal.
Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Proposal/proposal submitted by the
Contractor/Offeror on this project, and terminate any contract awarded based on the Proposal/proposal.
B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.
The undersigned Contractor/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:
(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;
(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Proposal/proposal preference or a procurement contract;
(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;
(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR
21.11.13; or
(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-
101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):
D. AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:
(1) Been convicted under state or federal statute of:
(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or
(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;
(2) Been convicted of any criminal violation of a state or federal antitrust statute;
(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer
Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Proposals/Proposals for a public or private contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated
Code of Maryland;
(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Proposals/Proposals for a public or private contract;
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under
Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;
(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:
(a) §7201, Attempt to Evade or Defeat Tax;
(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,
(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;
(d) §7206, Fraud and False Statements, or
(e) §7207 Fraudulent Returns, Statements, or Other Documents;
(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to
Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United
States;
(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;
(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State
Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:
(a) A court:
(i) Made the finding; and
(ii) Decision became final; or
(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure act; and
(ii) Not overturned on judicial review;
(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:
(a) A court:
(i) Made the finding; and
(ii) Decision became final; or
(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure act; and
(ii) Not overturned on judicial review;
(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:
(a) A court:
(i) Made the finding; and
(ii) Decision became final; or
(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure act; and
(ii) Not overturned on judicial review; or
(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):
E. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred
(including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(1) The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):
G. SUBCONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and
Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.
H. AFFIRMATION REGARDING COLLUSION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business has:
(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Proposal/proposal that is being submitted; or
(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Proposal/proposal price of the Contractor/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive
Proposalding in connection with the contract for which the accompanying Proposal/proposal is submitted.
I. CERTIFICATION OF TAX PAYMENT
I FURTHER AFFIRM THAT:
Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.
J. CONTINGENT FEES
I FURTHER AFFIRM THAT:
The business 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 the business 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 the Contract.
K. CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated Code of Maryland:
(a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and
(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-
702, Annotated Code of Maryland.
(2) The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities:
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR
SUPPLIES AND SERVICES CONTRACTS)
I FURTHER AFFIRM THAT:
The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of
Maryland governing proper disclosure of certain information regarding conflict minerals originating in the
Democratic Republic of Congo or its neighboring countries as required by federal law.
M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL
I FURTHER AFFIRM THAT:
In preparing its Proposal/proposal on this project, the Contractor/Offeror has considered all Proposal/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli…
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