PORFP FC-641-24 MDOT.docx
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- Solicitation number
- BPM043955
- Issued by
- Worcester County, Maryland
About this file
This document is a Purchase Order Request for Proposals (PORFP) issued by the Maryland Department of Information Technology (DoIT) for data telecommunications services to provide connectivity to state locations served by a state data aggregation facility. DoIT is soliciting master contractors to provide these services for a period of four years, with proposals due by May 17, 2024. There are no plans for a pre-proposal conference, and DoIT intends to make separate awards for each location to the master contractor that submits the most advantageous offer. The PORFP includes requirements for key personnel, transition-in and transition-out processes, performance and maintenance of circuits, security, and invoice submission procedures.
The PORFP has no MBE or VSBE goals, and pricing will be evaluated based on the lowest proposed price for each location and functional area, including monthly recurring charges, taxes, surcharges, connection fees, and any special construction costs. DoIT will issue a Notice to Proceed to each awardee identifying the locations and type of service requested, and changes in service bandwidth may be requested via a Work Order process.
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Purchase Order Request for Proposals (PORFP)
STATEWIDE DATA TELECOMMUNICATIONS
PHASE #244 AGGREGATION CIRCUITS
MARYLAND DEPARTMENT OF TRANSPORTATION (MDOT)
FA III
PORFP # FC-641-24
Department of Information Technology (DoIT)
Issue Date: April 26, 2024
STATEWIDE DATA TELECOMMUNICATIONS
PORFP NUMBER
FC-641-24
TABLE OF CONTENTS
KEY INFORMATION SUMMARY SHEET
SECTION 1 - ADMINISTRATIVE INFORMATION
| 1.1 | PORFP SUBJECT TO DATA COMMUNICATIONS MASTER CONTRACT ..................5 |
| 1.2 | ROLES AND RESPONSIBILITIES .....................................................................................5 |
| 1.3 | PO AGREEMENT.................................................................................................................5 |
| 1.4 | PO PROPOSAL SUBMISSIONS..........................................................................................5 |
| 1.5 | ORAL PRESENTATIONS....................................................................................................5 |
| 1.6 | QUESTIONS .........................................................................................................................6 |
| 1.7 | PO PRE-PROPOSAL CONFERENCE .................................................................................6 |
| 1.8 | CONFLICT OF INTEREST ..................................................................................................6 |
| 1.9 | LIMITATION OF LIABILITY .............................................................................................6 |
| 1.10 | CHANGES IN SERVICE ......................................................................................................6 |
| 1.11 | MINORITY BUSINESS ENTERPRISE (MBE) ...................................................................7 |
| 1.12 | VETERAN OWNED SMALL BUSINESS ENTERPRISE (VSBE).....................................7 |
SECTION 2 - SCOPE OF WORK
| 2.1 | PURPOSE..............................................................................................................................8 |
| 2.2 | DOIT BACKGROUND .........................................................................................................8 |
| 2.3 | PORFP BACKGROUND ......................................................................................................8 |
| 2.4 | REQUIREMENTS ................................................................................................................8 |
| 2.5 | PERFORMANCE AND MAINTENANCE OF CIRCUITS .................................................9 |
| 2.6 | REPORTS AND MEETINGS .............................................................................................10 |
| 2.7 | SECURITY REQUIREMENTS ..........................................................................................10 |
| 2.8 | INVOICE SUBMISSION PROCEDURE ...........................................................................10 |
| 2.9 | WORK ORDER PROCESS.................................................................................................11 |
| 2.10 | SERVICE/SERVICE MIGRATION ...................................................................................11 |
SECTION 3 - PURCHASE ORDER PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS
| 3.1 | REQUIRED RESPONSE ....................................................................................................12 |
| 3.2 | SUBMISSION .....................................................................................................................12 |
SECTION 4 - PURCHASE ORDER AWARD PROCESS
| 4.1 | OVERVIEW ........................................................................................................................14 |
| 4.2 | PO PROPOSAL EVALUATION CRITERIA .....................................................................14 |
| 4.3 | AWARD DETERMINATION ............................................................................................14 |
| 4.4 | COMMENCEMENT OF WORK UNDER A PO AGREEMENT ......................................14 |
ATTACHMENT 1 PRICE SHEET
ATTACHMENT 2 PURCHASE ORDER AGREEMENT
ATTACHMENT 3 WORK ORDER
ATTACHMENT 4 CONFLICT OF INTEREST
ATTACHMENT 5 STATE STARTING AND TERMINATING LOCATIONS
ATTACHMENT 6 MINORITY BUSINESS ENTERPRISE FORMS
ATTACHMENT 7 VETERAN SMALL BUSINESS ENTERPRISE PARTICIPATION (VSBE) FOR STATE OF MARYLAND
ATTACHMENT 8 LISTING OF HIGH SECURITY FACILITIES
KEY INFORMATION SUMMARY SHEET
This PORFP is issued to obtain the services necessary to satisfy the requirements defined in Section 2 - Scope of Work. All Master Contractors approved to perform work in the Functional Areas under which this PORFP is released shall respond to this PORFP with either a Purchase Order (PO) Proposal to this PORFP or a Master Contractor Feedback form (See Section 3).
| Solicitation Title: |
| Data Telecommunications PORFP #244 |
| Solicitation Number (PORFP #): |
| FC-641-24 |
| Functional Areas: |
| Functional Area III |
| PORFP Issue Date: |
| April 26, 2024 |
| Questions Due Date and Time: |
| May 10, 2024, 2:00 P.M. EST |
| Closing Date and Time: |
| May 17, 2024, 2:00 P.M. EST |
| PORFP Requesting Agency: |
| Department of Information Technology (DoIT) |
| Email Questions and Proposals to: |
| Cherise.Edmonds@maryland.gov |
| PO Procurement Officer: |
| Cherise Edmonds |
Office Phone Number: 410-697-9672
| PO Manager: |
| Brenda Bejan |
100 Community Place Phone Number: 443-346-4938 E-mail: brenda.bejan1@Maryland.gov
| PO Type: |
| Fixed price |
| Period of Performance: |
| Four (4) years |
| MBE Goal: |
| 0% |
| VSBE Goal: |
| 0% |
| PO Pre-proposal Conference: |
| Not Applicable |
SECTION 1 - ADMINISTRATIVE INFORMATION
1.1 PORFP SUBJECT TO DATA COMMUNICATIONS MASTER CONTRACT
In addition to the requirements of this PORFP, Master Contractors are subject to all terms and conditions contained in the Data Telecommunications Services Master Contract issued by the State of Maryland’s (State) Department of Information Technology and subsequent Master Contract Project Number F50B4400028, including any amendments thereto.
All times specified in this document are Local Time, defined as Eastern Standard Time or Eastern Daylight Time, whichever is in effect.
1.2 ROLES AND RESPONSIBILITIES
Personnel roles and responsibilities under the PO:
• PO Procurement Officer – The PO Procurement Officer has the primary responsibility for the management of the PORFP process, for the resolution of PO Agreement scope issues, and for authorizing any changes to the PO Agreement.
• PO Manager - The PO Manager has the primary responsibility for the management of the work performed under the PO Agreement. This would include administrative functions, including but not limited to issuing written directions and ensuring compliance with the terms and conditions of the Data Telecommunications Services Master Contract.
The PO Manager will monitor work performed through monthly accounting reports and detailed invoices. Actual services received will be reconciled with the information reported.
• PO Contractor – Data Telecommunications Services Master Contractors awarded any portion of the work as a result of this PORFP. The PO Contractor shall provide the services described in this PORFP’s Scope of Work.
1.3 PO AGREEMENT
Based upon an evaluation of the PO Proposals, Master Contractor(s) will be selected to provide a portion or all of the services defined in Section 2 - Scope of Work. A specific PO Agreement, Attachment 2, will then be entered into between the State and the selected Master Contractor(s), which will bind the selected Master Contractor(s) (PO Contractor) to the contents of its PO Proposal, including the PO Financial Proposal.
1.4 PO PROPOSAL SUBMISSIONS
The PO Procurement Officer will not accept submissions after the date and exact time stated in the Key Information Summary Sheet above. The date and time of submission is determined by the date and time of arrival of all required files in the PO Procurement Officer’s e-mail inbox.
Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the Procurement Officer after the due date will not be considered.
1.5 ORAL PRESENTATIONS
Oral Presentations will not be held for this PORFP.
1.6 QUESTIONS
All questions must be submitted via e-mail to the PO Procurement Officer no later than the date and time indicated in the Key Information Summary Sheet. Answers applicable to all Master Contractors will be distributed to all Master Contractors who are known to have received a copy of the PORFP. The statements and interpretations contained in responses to any questions, whether responded to orally or in writing, are not binding on the Department unless it issues an amendment in writing.
1.7 PO PRE-PROPOSAL CONFERENCE
A pre-proposal conference will not be held for this PORFP.
1.8 CONFLICT OF INTEREST
Offerors shall provide services for State agencies or component programs with those agencies, and shall do so impartially and without any conflicts of interest. Each Offeror shall complete and include with its PO Proposal a Conflict-of-Interest Affidavit and Disclosure in the form included as Attachment 4 of this PORFP. If the PO Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the PO Procurement Officer may reject an Offeror’s PO Proposal under COMAR 21.06.02.03B.
Master Contractors should be aware that the State Ethics Law, General Provisions Article, Title 5, might limit the selected Master Contractor's ability to participate in future related procurements, depending upon specific circumstances.
By submitting a Conflict-of-Interest Affidavit and Disclosure, the Offeror shall be construed as certifying all personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.
1.9 LIMITATION OF LIABILITY
The PO Contractor’s liability is limited in accordance with Section 28 of the Data Telecommunications Services Master Contract. PO Contractor’s liability for this PORFP is limited to 2 times the total PO Agreement amount.
1.10 CHANGES IN SERVICE
If the PO Contractor is required to perform work beyond the scope of Section 2 of this PORFP as determined by the PO Procurement Officer, or there is a work reduction due to unforeseen scope changes, a PO Change Order is required. No scope of work changes shall be performed until a change order is approved by DoIT.
During the term of this PORFP the State may migrate services for the locations described in Section 2 of this PORFP from one Functional Area to another. The process for migrating services is described in Section 2.10. To the extent the State requires services at locations not included in this PORFP, additional PORFP’s will be issued and awarded to address these changes in scope.
Changes in service bandwidth at locations awarded under this PORFP will follow the Work Order process outlined in Section 2.9.
1.11 MINORITY BUSINESS ENTERPRISE (MBE)
This PORFP has no MBE goals and sub-goals as stated in the Key Information Summary Sheet above.
1.12 VETERAN OWNED SMALL BUSINESS ENTERPRISE (VSBE)
This PORFP has no VSBE goals as stated in the Key Information Summary Sheet above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
SECTION 2 - SCOPE OF WORK
2.1 PURPOSE
DoIT is issuing this PORFP to obtain data telecommunications services which will provide connectivity to State locations served by a State data aggregation facility. All locations and facilities are identified in Attachment 5. Future requests to expand services to locations not identified in Attachment 5 will be handled as additional PORFP’s under the Data Telecommunications Master Contract.
DoIT intends to make separate awards for each location to the Master Contractor that submits the most advantageous offer to this PORFP for that location. Neither a PORFP, nor a PO Agreement, may, in any way, conflict with or supersede the Master Contract. Following award, DoIT will issue a Notice to Proceed (NTP) to each awardee identifying those locations and the type of service (Functional Area) DoIT is requesting be provisioned. No service should be provisioned without a NTP from DoIT.
At the State’s sole option, changes in service bandwidth at awarded locations within the general scope of this PORFP may be requested via the Work Order process described in Section 2.9.
2.2 DOIT BACKGROUND
DoIT is responsible for providing centralized IT applications, data and telecommunications services, and IT policy for the State of Maryland. DoIT has oversight authority for large IT expenditures. DoIT additionally provides programmatic oversight for all major IT projects in Maryland.
2.3 PORFP BACKGROUND
DoIT is soliciting Master Contractors to provide data telecommunications services to government organizations to whom DoIT provides services through networkMaryland™, the State’s high speed data network.
2.4 REQUIREMENTS
1. The PO Contractor’s offering shall meet or exceed the technical requirements described in Section 2.3 of the Data Telecommunications Services Master Contract RFP No. F50B4400028 (the “RFP”).
2. The PO Contractor shall meet the requirements for Functional Area III as specified in Section 2.6 of the RFP and as further refined in this PORFP.
3. The PO Contractor shall furnish key personnel as described in RFP section 2.16, within thirty
(30) days from NTP.
2.4.1 LOCATION TERMINATION POINT SPECIFICATIONS
The services provided in response to this PORFP and corresponding PO Agreement shall be provided from the listed State aggregation point (Location A) to the corresponding termination point (Location Z) as detailed in Attachment 5. An offeror shall describe in the PO Proposal any additional installation costs or services necessary to provide this solution. In addition, if the Offeror has an alternate State aggregation point (Location A) to propose, it may propose it as an alternative by writing it in on the Attachment 1 price sheet, column A. The State shall have sole discretion over selection of the aggregation point Location A State aggregation points are listed in Attachment 5.
Location Z termination points represent the locations requiring service. These locations are listed in Attachment 5.
2.4.2 TRANSITION-IN REQUIREMENTS
1. The PO Contractor shall furnish services required in accordance with the requirements described in section 2.8 in the RFP. These requirements include descriptions of timelines and procedures for notifying the State of installation plans and dates, as well as establishing a circuit service records database.
2. Include any special construction requirements.
3. Provide any specific terminating location (Location Z) contacts, if known.
4. As described in Section 2.13 of the RFP:
| a. |
| The Master Contractor shall provide a project manager who shall create a transition-in |
and transition-out plan with schedules for each service delivery location.
| b. |
| The project manager shall be assigned to the project until the transition-in has been |
completed.
| c. |
| The transition-in shall take no longer than 60 days after NTP. |
| d. |
| The transition-in shall be complete when all items identified in Section 2.13.2 of the |
Master Contract have been accepted by the Contract Manager as being successfully completed.
2.4.2 TRANSITION-OUT REQUIREMENTS
1. The Contractor shall furnish services required in accordance with the requirements described in Section 2.8 of the RFP. These requirements include descriptions of timelines and procedures for notifying the State of termination plans and dates.
2. As described in Section 2.13.3 of the RFP the PO Contractor shall provide a project manager to support a smooth transition-out period at the end of the PO Agreement. The services to be provided are:
a. Providing inventory reports on demand during the transition period (Section 2.18.4).
b. Attend transition meetings as requested and act as the Master Contractor’s liaison to the transition project.
c. Prepare and submit to the Contract Manager a closeout report due on the last day of the contract which includes any open issues and recommended solutions as well as a final inventory of all existing circuit/services and a listing of all terminated circuits in the same electronic format as the circuit database specified in Section 2.8.9.
d. Cooperate with any successor to the PO Agreement with information and records a successor would require in continuing the same or similar services.
2.5 PERFORMANCE AND MAINTENANCE OF CIRCUITS
DoIT provides mission critical services to all Executive Branch agencies, including those responsible for public safety. As such, DoIT requires that the services provided under this contract be maintained in such a manner as to ensure they are highly available and PO Contractor response time and service availability are essential elements of this PORFP. Section 2.10 of the RFP outlines the Master Contractor’s general operations and maintenance obligations. As indicated, the PO Contractor shall maintain end-to-end network availability at a 99.7% uptime for each installed circuit. Additionally, the PO Contractor shall provide maintenance support to the locations specified in this PORFP on a 24x7x365 basis. Failure to satisfy Master Contract service provisioning, service availability, and service restoration requirements shall subject the PO Contractor to liquidated damages as provided for in Section 2.22 of the RFP.
2.6 REPORTS AND MEETINGS
The PO Contractor shall furnish reports and attend meetings in accordance with the requirements described in Section 2.18 of the RFP.
2.7 SECURITY REQUIREMENTS
The PO Contractor shall follow security requirements as specified in Section 2.14 of the RFP. These requirements include performing an annual criminal background check for personnel intended to perform services at premises designated by the State as a high security facility.
2.7.1 HIGH SECURITY FACILITY
The high security facilities anticipated for this PORFP are listed in a separate Excel file as Attachment 7.
2.8 INVOICE SUBMISSION PROCEDURE
PO Contractors will adhere to the following invoice procedures:
A) Proper invoices for payment shall identify “networkMaryland™” as the recipient and contain the following minimum information, labeled in the same format as described in Section
2.13.2.1 of the Master Contract:
a. Invoice Period
b. PO Contractor’s Federal ID Number
c. Master Contractor Contact Information d. Invoice number
e. Amount due f. Adjustments g. Surcharges
h. Description of Services
i. PO Number or Blanket Purchase Order Number
B) The PO Contractor shall e-mail the original of each invoice for each deliverable being invoiced to: DOITFISCAL.INVOICESERVICE@maryland.gov, with a copy to the PO Manager.
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 PO Agreement. In no event shall any invoice be submitted later than 60 calendar days from the PO Agreement termination date.
2.9 WORK ORDER PROCESS
A) Service modifications (increases or decreases in bandwidth) may be provided via a Work Order process. A Work Order may be issued for services that are within the scope of this PORFP and the Master Contract.
B) The PO Manager shall e-mail a Work Order Request (See Attachment 3) to the PO Contractor to provide services or resources that are within the scope of this PORFP. The Work Order Request will include:
1) Technical requirements and description of the service needed.
2) Required place(s) where work must be performed.
3) Desired start date of the service.
C) The PO Contractor shall e-mail a Work Order response to the PO Manager and include at a minimum:
1) A response that details the PO Contractor’s understanding of the work;
2) A price to complete the Work Order Request using the format provided in Attachment 3 and in accordance with any already-established rates submitted for this PO Agreement.
3) An estimated completion date based on prior SLAs provided at either the Master Contract or this PO Agreement, or a date based on the Work Order technical requirements.
4) State-furnished information, work site, and/or access to equipment, facilities, or personnel. D) The PO Manager will review the response and will confirm whether the Work Order response is acceptable.
E) The PO Manager may contact the PO Contractor to obtain additional information, clarification or revision to the Work Order. The PO Procurement Officer may issue a change order to the PO Agreement if necessary.
F) The PO Manager will notify the PO Contractor to commence work after the Work Order is approved.
2.10 SERVICE/SERVICE MIGRATION
A) As indicated in Section 2.1, DoIT intends to make separate awards for each location and Functional Area.
B) DoIT will issue an NTP for each location, including the specified bandwidth, to the awarded Master Contractor and the Functional Area. Only one NTP will be issued for each specific location included in the PORFP.
C) To the extent the State desires to migrate from one Functional Area service to another at a location, an NTP will be issued to the awardee who will provide the service from the new Functional Area. The PO Contractor providing service in the to be discontinued Functional Area shall be given notice of the State’s intent to migrate and shall continue to provide service until otherwise directed.
SECTION 3 - PURCHASE ORDER PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS
3.1 REQUIRED RESPONSE
Each Master Contractor receiving this Data Telecommunications Services PORFP shall respond no later than the submission due date and time designated in the Key Information Summary Sheet. Each Master Contractor is required to submit one of two possible responses: 1) a proposal; or 2) a completed Master Contractor Feedback Form. The feedback form helps the State understand for future contract development why Master Contractors did not submit proposals.
A PO Proposal shall conform to the requirements of this Data Telecommunications Services PORFP. Prices shall be valid for 120 days.
3.2 SUBMISSION
The PO Proposal shall be submitted via one e-mail.
DoIT can only accept e-mails that are less than or equal to 25 MB. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information above.
The e-mail subject line shall state “Data Telecommunications Services PORFP #FC-641-24 Proposal” plus the Master Contractor Name. This e-mail shall include the following four attachments:
a. One attachment labeled “PORFP #FC-641-24 – Proposal” in Microsoft Word format (2010 or later). See PO Proposal requirements in Section 3.2.1,
b. Attachment 1 Price Sheet – Signed .PDF
c. Attachment 4 Conflict of Interest – Signed .PDF
d. Attachment 1 Price Sheet – Excel
Note: No attachment forms shall be altered. Signatures shall be clearly visible.
3.2.1 PO Proposal
The PO Proposal shall contain the following elements:
A) A brief description of services to be offered in response to this PORFP. Master Contractors shall limit this description to two (2) pages.
B) Updated on-net list (a subset pertinent to this PORFP is acceptable). C) Timeline for installation.
D) A list of assumptions that impact installation and delivery. E) Subcontractors Identify all proposed subcontractors, including MBEs, and their roles in the performance of Section 2 - Scope of Work.
F) MBE, SBR and VSBE Participation
No MBE, SBR, or VSBE forms are required for this PORFP.
G) A description of any assumptions on which the Master Contractor’s PO Financial Proposal is based (Assumptions shall not constitute conditions, contingencies, or exceptions to the Price Sheet).
H) Attachment 1– Price Sheet, with all proposed services including all rates fully loaded.
I) Prices shall be valid for 120 days.
SECTION 4 - PURCHASE ORDER AWARD PROCESS
4.1 OVERVIEW
PO Contractor(s) will be selected from among all eligible Master Contractors within the appropriate Functional Area responding to the Data Telecommunications Services PORFP. In making the PO Agreement award determination, DoIT will consider all information submitted in accordance with Section 3.
4.2 PO PROPOSAL EVALUATION CRITERIA
The PO Proposals will be evaluated based on the lowest proposed price for each location and Functional Area. The lowest proposed price will be determined by the monthly recurring charges, taxes and surcharges, connection fees, and any special construction costs proposed to be charged by the Master Contractor.
4.3 AWARD DETERMINATION
A) Awards will be made to Master Contractor(s) whose proposals are determined to be the most advantageous to the State considering the evaluation criteria set forth above.
B) All Master Contractors submitting a PO Proposal shall receive written notice from the PO Procurement Officer identifying the awardees.
4.4 COMMENCEMENT OF WORK UNDER A PO AGREEMENT
Commencement of work under a PO Agreement shall be initiated only upon issuance of a NTP. The awardee shall submit the following to the PO Manager:
A. E-mail with installation/termination due dates, locations, service types, circuit IDs, associated UNIs, and Agency account number within ten (10) days of receipt of a PO.
B. PO Contractor’s written Standard Operating Procedures for network monitoring and management within fifteen (15) calendar days of receipt of a PO (see Master Contract 2.10.7.1).
C. PO Contractor’s written procedure for reporting problems or suspected problems within fifteen
(15) calendar days of receipt of a PO (see Master Contact 2.11.9).
D. PO Contractor’s timetable for escalation of problems within seven (7) calendar days of receipt of a PO (see Master Contract 2.11.10).
E. Perform a Criminal Justice Information System (CJIS) criminal background check for any personnel intended to work at a high security facility premises and confirm the check has been completed with any high security facility’s managing entity within fifteen (15) calendar days.
ATTACHMENT 1 PRICE SHEET
See separate Price Sheet in Excel format.
ATTACHMENT 2 PURCHASE ORDER AGREEMENT EXAMPLE
Data Telecommunications Services PORFP #FC-641-24
OF MASTER CONTRACT #F50B4400028
This Purchase Order Agreement (PO Agreement) is made this __ day of _ _, 2024 by and between _____________ (PO Contractor) and the STATE OF MARYLAND, Department of Information Technology (DoIT).
IN CONSIDERATION of the mutual premises and the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions. In this PO Agreement, the following words have the meanings indicated:
a) “Agency” means DoIT.
b) “Data Telecommunications Services PORFP” means the Purchase Order Request for Proposals #FC-641-24 – PHASE #244, dated XXX X, 2024, including any addenda.
c) “Master Contract” means the Data Telecommunications Services Master Contract between the Maryland Department of Information Technology and PO Contractor dated MONTH DAY, YEAR.
d) “PO Procurement Officer” means PO Procurement Officer identified in the Data Telecommunications Services PORFP. The Agency may change the PO Procurement Officer at any time by written notice to the PO Contractor.
e) “PO Agreement” means this signed PO Agreement between Agency and PO Contractor.
f) “PO Contractor” means the Data Telecommunications Services Master Contractor awarded this PO Agreement, whose principal business address is
g) “PO Manager” means PO Manager of the Department of Information Technology.
h) “PO Proposal” means the PO Contractor’s response to the Data Telecommunications Services PORFP dated .
| 2. | Scope of Work |
| 2.1 | This PO Agreement incorporates all of the terms and conditions of the Master Contract and shall not in any way amend, conflict with, or supersede the Master Contract. |
| 2.2 | The PO Contractor shall, in full satisfaction of the specific requirements of this PO Agreement, provide the services set forth in Section 2 of the Data Telecommunications Services PORFP between the locations identified in Appendix A attached hereto and incorporated by reference herein. |
These services shall be provided in accordance with the Master Contract, this PO Agreement, and the following Exhibits, which are attached and incorporated herein by reference. If there is any conflict among the Master Contract, this PO Agreement, and these Exhibits, the terms of the Master Contract shall govern. If there is any conflict between this PO Agreement and any of these Exhibits, the following order of precedence shall determine the prevailing provision:
a) The PO Agreement,
b) Exhibit A – Data Telecommunications Services PORFP
c) Exhibit B – PO Proposal
2.3 The PO Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the PO Agreement. No other order, statement or conduct of the PO Procurement Officer or any other person shall be treated as a change or entitle the PO Contractor to an equitable adjustment under this Section. Except as otherwise provided in this PO Agreement, if any change under this Section causes an increase or decrease in the PO Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the PO Agreement price shall be made and the PO Agreement modified in writing accordingly. The PO Contractor must assert in writing its right to an adjustment under this Section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the PO Contractor shall be allowed if asserted after final payment under this PO Agreement. Failure to agree to an adjustment under this Section shall be a dispute under the Disputes clause of the Master Contract. Nothing in this Section shall excuse the PO Contractor from proceeding with the PO Agreement as changed.
3. Time for Performance
PO Contractor shall provide the services described in the PO Proposal and in accordance with the Data Telecommunications Services PORFP on receipt of a Notice to Proceed from the PO Manager. Unless terminated earlier as provided in the Master Contract, the term of this PO Agreement is for a period of four years, commencing on the date of Notice to Proceed and terminating on the fourth anniversary thereof.
| 4. | Consideration and Payment |
| 4.1 | The consideration to be paid to the PO Contractor shall not exceed ___________ (“not-to-exceed amount” or “NTE”). Any work performed by the PO Contractor in excess of the not-to-exceed ceiling amount of the PO Agreement without the prior written approval of the PO Manager is at the PO Contractor’s risk of non-payment. |
| 4.2 | Payments to the PO Contractor shall be made as outlined Section 2 of the Data Telecommunications Services PORFP, but no later than thirty (30) days after the Agency’s receipt of a proper invoice for services provided by the PO Contractor, acceptance by the Agency of services provided by the PO Contractor, and pursuant to the conditions outlined in Section 4 of this Agreement. |
4.3 Each invoice for services rendered must include the PO Contractor’s Federal Tax Identification Number which is _____________. Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time amended, are prohibited. Invoices must be submitted to the Agency PO Manager unless otherwise specified herein.
4.4 In addition to any other available remedies, if, in the opinion of the PO Procurement Officer, the PO Contractor fails to perform in a satisfactory and timely manner, the PO Procurement Officer may refuse or limit approval of any invoice for payment and may cause payments to the PO Contractor to be reduced or withheld until such time as the PO Contractor meets performance standards as established by the PO Procurement Officer.
5. Counterparts; Electronic Signature
This PO Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. This PO Agreement may be executed by facsimile or electronic (.pdf) signature, and a facsimile or electronic (.pdf) signature shall constitute an original for all purposes without delivery of an original signature being thereafter required.
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.
WITNESS FOR THE PO CONTRACTOR:
| _________________________ | By: | ___________________________________ | |
| Contractor Name |
| ___________________________________ |
| Name |
| ___________________________________ |
| Title |
| ___________________________________ |
| Date |
WITNESS: FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY
| _________________________ | By: | ___________________________________ | ||
| Procurement Officer | Katy Savage | |||
| Secretary | ||||
| MD Department of Information Technology |
Or Designee
| ___________________________________ |
| Date |
Approved for form and legal sufficiency this ______ day of ________________2024
Assistant Attorney General
ATTACHMENT 3 WORK ORDER
WORK ORDER Work Order # Contract #
This Work Order is issued under the provisions of the PO Agreement. The services authorized are within the scope of services set forth in the Purpose of the Work Order.
Purpose
Statement of Work Requirements:
Deliverable(s), Acceptance Criteria and Due Date(s):
Deliverables are subject to review and approval by <<PO Receiving Agency ACRONYM>> prior to payment.
(Attach additional sheets if necessary) Start Date End Date Cost
Description for Task / Deliverables Quantity (if applicable)
Labor Hours (Hrs.)
Labor Rate Estimate Total
| 1. | $ | $ |
| 2. | $ | $ |
| *Include WBS, schedule and response to requirements. | <<TO Receiving Agency | $ |
ACRONYM>> shall pay an amount not to exceed
Contractor Agency Approval
| (Signature) Contractor Authorized Representative | (Date) | (Signature) | TO Manager | (Date) POC | (Print Name) | TO Manager | (Print Name) |
| Telephone No. | Telephone No. | ||||||
| E-mail: | E-mail: |
ATTACHMENT 4 CONFLICT OF INTEREST
A) "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
B) "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, offeror, contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.
C) The bidder or offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.
D) The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail—attach additional sheets if necessary):
E) The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date:
By: ______________________ (Authorized Representative and Affiant)
ATTACHMENT 5
See the Price Sheet in Excel format for State Starting and Termination Locations
ATTACHMENT 6 MINORITY BUSINESS ENTERPRISE FORMS
There is no Minority Business Enterprise (MBE) subcontractor participation goal for this solicitation.
ATTACHMENT 7 VETERAN SMALL BUSINESS ENTERPRISE PARTICIPATION (VSBE) FOR STATE OF MARYLAND
There is no VSBE subcontractor participation goal for this solicitation.
ATTACHMENT 8 LISTING OF HIGH SECURITY FACILITIES
There are no High Security Facilities for this solicitation.
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File details come from the government source that posted it. Updated .