POST - PHPA 2111 - MDH - IFB Case Management - November 2022 - MAS responses.pdf

EXHIBIT A

INVITATION FOR BIDS (IFB)

PROCUREMENT ID NUMBER – 2111

Issue Date: January 19, 2023

Harm Reduction Care Management and Supervisor Capacity Building

NOTICE

A Prospective Bidder 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 IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.

Minority Business Enterprises 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/

09/2021

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

IFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Harm Reduction Care Management and Supervisor Capacity Building

Procurement ID Number: PHPA - 2111

IFB Issue Date: January 19, 2023

IFB Issuing Office: Maryland Department of Health

Center for Harm Reduction Services

Procurement Officer: Sherida Studwood

Prevention and Health Promotion Administration

Maryland Department of Health

Phone: 443-401-4221

E-mail: sherida.studwood1@maryland.gov

Contract Monitor: Marie Stratton

Acting OD2A Program Manager

Public Health Services

Maryland Department of Health

Phone: (410) 598-8441

Email: marie.stratton@maryland.gov

Pre-proposal Conference: January 27, 2023, at 2:00pm EST Local Time via Teleconference:

Those wishing to attend the web conference may request a meeting invitation by emailing Sherida Studwood at sherida.studwood1@maryland.gov no later than

2:00 PM on January 26, 2023. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference. Registration must be completed by 2:00 pm Est Local Time January

26, 2023.

Questions Due Date: February 3, 2023, 2:00pm EST Local Time via email to sherida.studwood1@maryland.gov

Bids MUST be submitted to eMaryland Marketplace Advantage Bids must be submitted to eMMA

(eMMA): See link https://procurement.maryland.gov/

For questions and/or technical assistance regarding eMMA, please email emma.helpdesk@maryland.gov

Closing Date and Time: February 10, 2023, at 2PM EST Local Time mailto:sherida.studwood1@maryland.gov mailto:marie.stratton@maryland.gov mailto:sherida.studwood1@maryland.gov

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Maryland Department of Health (MDH or the Department) Center for Harm Reduction Services is issuing this Invitation for Bids (IFB) to provide COACH and RELATE model training, case conferencing, and monthly system calls that build statewide capacity for compassionate, competent care management and supervision for people with complex needs and at high risk of overdose.

1.1.2 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. For services, the anticipated duration of services to be provided under this Contract will begin on or about February 17, 2023, through June 30, 2023, with a two-month option for July 1, 2023, through August 30, 2023.

1.1.3 The Department intends to make a single award as a result of this IFB.

1.1.4 Bidders must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance.

1.2 Contract Type

1.2.1 The Contract resulting from this solicitation shall be a firm fixed price as defined in COMAR 21.06.03.02.

1.3 Procurement Method

1.3.1 This solicitation shall be made in accordance with the small procurement regulations described in COMAR

21.05.07.

1.4 Procurement Officer

1.4.1 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:

Sherida Studwood

Prevention and Health Promotion Administration

Maryland Department of Health

Phone: 443-401-4221

E-mail: sherida.studwood1@maryland.gov

1.4.2 The Department may change the Procurement Officer at any time by written notice.

1.5 Contract Monitor

1.5.1 The Contract Monitor is:

Marie Stratton

Acting OD2A Program Manager

Public Health Services

Maryland Department of Health

Phone: (410) 598-8441

Email: marie.stratton@maryland.gov

1.5.2 The Department may change the Contract Monitor at any time by written notice.

1.6 eMaryland Marketplace Advantage

1.6.1 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.

1.6.2 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.

1.6.3 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

1.7.1 Written questions from prospective Bidders will be accepted by the Procurement Officer. Questions to the

Procurement Officer shall be submitted via e-mail to the following e-mail address: sherida.studwood1@maryland.gov.

Please identify in the subject line the Solicitation Number and Title.

1.7.2 Questions are requested to be submitted no later than the date indicated on the Key Summary Sheet. The

Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

1.8 Bids Due (Closing) Date and Time

1.8.1 Bids, in the number and form set forth in Section 4.4 “Required Bid Submissions,” must be received in eMaryland

Marketplace Advantage (eMMA) listed on the Key Information Summary Sheet, no later than 2:00 PM Local Time on

January 7, 2023, in order to be considered.

1.8.2 Requests for extension of this time or date will not be granted. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this section will not be considered. All Bids must be submitted in eMMA

(see Link https://procurement.maryland.gov/). Questions regarding this solicitation should be directed (By e-mail only, no phone calls will be accepted) to the PROCUREMENT OFFICER.

1.8.3 Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Multiple and/or alternate Bids will not be accepted.

1.8.4 Bids may not be submitted by email, mail, hand delivery, or facsimile.

1.9 Award Basis

mailto:marie.stratton@maryland.gov

1.9.1 The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable

Total Bid Price for providing the goods and services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total on Exhibit B - Bid Form. Tie bids will be pursuant to COMAR 21.05.02.14.

1.10 Revisions to the IFB

1.10.1 If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide addenda via eMMA. In addition, addenda to the IFB will be posted on the eMaryland Marketplace (eMMA). It remains the responsibility of all prospective Bidders to check all applicable websites for any addenda issued prior to the submission of Bids.

1.10.2 Acknowledgment of the receipt of All addenda to this IFB issued before the Bid due date shall be included in the

Transmittal Letter accompanying the Bidder’s Bid. Failure to acknowledge receipt of an addendum does not relieve the

Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the

Bid to be rejected as being non-responsive to the requirements of the IFB.

1.11 Cancellations

1.11.1 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB, to waive or permit the cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Bidders in any manner necessary to serve the best interests of the State.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:

2.1.1 The Bidder shall list working knowledgeable experience of outlined deliverables.

REQUIRED DOCUMENTATION: As proof of meeting this requirement, the Bidder shall provide with its Bid, in a single page, the names, business email addresses, and business phone numbers of two (2) references. The references must be formally associated with community-based organizations that address complex care experiences of people who use drugs.

2.1.2 The Bidder shall list existing experience implementing and training others on the COACH framework and

RELATE supervision model.

REQUIRED DOCUMENTATION: As proof of meeting this requirement, the Bidder shall provide with its Bid resumes of two (2) Key Personnel with a minimum of at least one (1) year of experience training and implementing COACH and RELATE models. There is a minimum of two staff required.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

3.1.1 Center for Harm Reduction Services

The Maryland Department of Health’s Center for Harm Reduction Services (CHRS) was established in 2019 to centralize harm reduction activities across the Department. The Center is housed within the Infectious Disease Prevention and

Health Services Bureau in the Prevention and Health Promotion Administration. Statewide, the Center oversees the

Overdose Response Program and naloxone distribution; Syringe Services Program; harm reduction grants to community-based organizations and Local Health Departments; workforce development, training, and technical assistance activities;

and various special projects.

The Center’s work, including grant-making, is guided by its strategic goal and vision. The Center’s strategic goal is to reduce substance-related morbidity and mortality by optimizing services for people who use drugs. In this case, morbidity is defined as having symptoms of disease or illness and mortality is defined as death. The Center’s vision is a

Maryland where people who use drugs have access to compassionate, quality care that is free from stigma; services are low-barrier, community-based, and comprehensive; and experiences of past trauma, criminal legal involvement, and racism do not determine one’s health outcomes or quality of life.

3.1.2 Purpose and need

CHRS is issuing this solicitation to reduce substance-related morbidity and mortality for people who use drugs in

Maryland through improved complex care management and improved supervision support of frontline staff engaging in direct care.

Impacted by COVID19, the changing drug supply, and social service and treatment accessibility, Maryland experienced the highest annual total of overdose deaths in 2020. Frequent experiences of stigma and discrimination, structural barriers to accessing care, and lack of cultural humility among providers contribute to decreased engagement in health care services by people who use drugs (SEADS 2019). Recent data analysis through DORM indicated that over 70% of descendants were enrolled in Medicaid in 12 months preceding their death, nearly 70% had an interaction with a

Maryland hospital in six years prior to their death, and over 48% had an interaction with Maryland’s Public Behavioral

Health System within 30 days of their death. This demonstrates that many Marylanders who are dying of overdose are in fact engaged with the healthcare system. Maryland syringe service programs across the state also provide increasing linkages to care and offer care coordination services to people at high risk of overdose. A key consideration and opportunity from the annual DORM report includes bolstering care coordination for Medicaid-eligible populations and continuing to expand linkages to care for people engaged with high-risk settings.

With this solicitation, the Maryland Department of Health aims to provide training, case conferencing, and monthly systems calls utilizing COACH and RELATE curriculum to build statewide capacity for compassionate, competent care management and supervision for people with complex needs and at high risk of overdose.

3.2 Scope of Work - Requirements

The Contractor shall:

3.2.1 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.

https://beforeitstoolate.maryland.gov/wp-content/uploads/sites/34/2022/07/2021-DORM-Annual-Report-Final.pdf https://anth.umd.edu/project/statewide-ethnographic-assessment-drug-use-and-services-%28seads%29 https://beforeitstoolate.maryland.gov/wp-content/uploads/sites/34/2022/07/2021-DORM-Annual-Report-Final.pdf https://health.maryland.gov/phpa/Pages/Syringe-Services-Program.aspx https://camdenhealth.org/care-interventions/the-coach-model/

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:

a. facilities and any venues used for meetings/conferences are accessible;

b. requested accommodations are provided in a timely manner; and

c. written and printed materials developed in accessible formats (easy to read, large print, etc.), or providing access to alternative formats.

3.2.1.1 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:

a. reasonable modifications of policies, practices, and procedures;

b. effective communication; and

c. accessible facilities.

3.2.2 Scope of Work - Contractor Requirements

3.2.2.1 The Contractor shall provide the following services. The day and time of training, case conferencing, and systems calls will be agreed upon by the contract monitor and vendor.

A. COACH training and case conferencing:

1. Interactive series of training events (4, 90–120-minute sessions) delivered virtually for 50 case workers

2. Case conferencing that includes ongoing coaching and continued support on the COACH model, focusing on case questions, challenges, and continued guidance on the application of COACH in practice (1 call per month per cohort, total of 12 hours)

3.2.2.2 RELATE training and case conferencing:

A. Interactive training events (2, 90–120-minute sessions) delivered virtually for 25 supervisors

1. Case conferencing that includes ongoing coaching and continued support on the RELATE model, ensuring supervisory staff have technical expertise to manage patient-facing staff (1 call per month, total of 6 hours)

3.2.2.3 Monthly Systems Calls:

A. Facilitate monthly calls with subject matter experts, Maryland Department of Health leadership and key stakeholders (1 per month, total of 6 hours) to discuss program design, identify needs and themes, and monitor and strategize about the overall progress of COACH and RELATE.

3.2.3 Unallowable costs

3.2.3.1 In addition to the cost restrictions and information included in Attachment A Contract sample, unallowable costs include but are not limited to:

a. Prohibited purchases: Naloxone/Narcan, syringes, harm reduction kits, furniture, or equipment.

b. Harm reduction and linkage to care activities are acceptable as long as they are not prohibited purchases. Note-Fentanyl test strips are allowable expenses.

c. HIV/HCV/other STD/STI testing.

d. Drug disposal. This includes implementing or expanding drug disposal programs or drug take back programs, drug drop box, drug disposal bags.

e. The provision of medical/clinical care.

f. Wastewater analysis, including testing vendors, sewage testing and wastewater testing.

g. Research.

h. Direct funding or expanding the provision of substance use treatment.

i. The prevention of Adverse Childhood Experiences (ACEs) as a stand-alone activity. However, activities related to ACEs are allowable if they pertain to establishing linkage to care, or to providing training to public safety and first responders on trauma-informed care.

j. Public safety activities that do not include clear overlap/collaboration with public health partners and objectives.

k. Food

l. Incentives (e.g., gift cards)

m. Purchase of vehicles

3.2.4 Monitoring and Reporting

The Contractor shall provide bimonthly reports via email detailing the status of meeting the requirements detailed above in 3.2.2.

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:

Invoices are due by the 15th of the month following the month in which services were performed.

SECTION 4 – BID FORMAT

4.1 One Part Submission

4.1.1 Bidders shall submit with their Bid all Minimum Qualification documentation required (see Section 2), and all

Required Bid Submissions (see Section 4.4) in an email with all the required documentation attached.

4.2 Labeling

5.2.1 Each Bidder is required to label the sealed Bid with the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids.

4.3 Bid Price Form

4.3.1 The Bid shall contain all price information in the format specified on the Bid Form (Exhibit B). Complete the

Bid Form only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. If option years are included, Bidders MUST submit Bids for each option year. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

4.4 Required Bid Submissions

Bidders shall include the following with their Bid:

4.4.1 Transmittal Letter:

A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The Transmittal Letter should include the following:

● Name and address of the Bidder;

● Name, title, e-mail address, and telephone number of primary contact for the Bidder;

● Solicitation Title and Solicitation Number that the Bid is in response to;

● Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid;

● Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual’s

Social Security Number (SSN);

● Bidder’s eMMA number;

● Bidder’s MBE certification number (if applicable);

● Bidder’s SBR number (if applicable) – please contact eMMA at 410-767-1492 if you don’t know your number.

4.4.2 Signed W-9 with Contact Person Names and Phone Number

IFB ATTACHMENTS

EXHIBIT B – Bid Form

The Bid Form must be completed and submitted with the Bid.

ATTACHMENT A – Contract

This is the sample contract used by the Department. This should be used for services – it is not required for commodities.

It is provided with the IFB for informational purposes and is not required to be submitted at Bid 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 of the Contract within five (5) Business Days after receipt. Upon Contract award, a fully executed copy will be sent to the Contractor.

ATTACHMENT B – Bid Affidavit

The Form must be completed and submitted with the Bid.

EXHIBIT B – BID FORM

BID FORM

The Bid shall contain all price information in the format specified on these pages. Complete the Bid Form only as provided in the Bid Form format. Do not amend, alter, or leave blank any items on the Bid Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the bid being determined non-responsive and rejected by the Department.

5 month - Budget Summary - Estimated Contract Start Date - (2/17/2023 – 6/30/2023)

Line Item Qty Unit Cost Total Cost

Salary

Fringe

Contractual

Travel

Operating Costs

Supplies

Other (please list)

Other (please list)

TOTAL

IDC 10% CAP

2 month - Option 1 -Budget Summary (7/1/2023 – 8/30/2023)

Line Item Qty Unit Cost Total Cost

Salary

Fringe

Contractual

Travel

Operating Costs

Supplies

Other (please list)

TOTAL

IDC 10% CAP

Price is based on Section III - Total Cost for 5 months and 2 months: $__________.

Submitted By:

Authorized Signature: _______________________________________________ Date: ________________________

Printed Name and Title: ___________________________________________________________________________

Company Name : ________________________________________________________________________________

Company Address: _______________________________________________________________________________

Location(s) from which services will be performed (City/State): ___________________________________________

FEIN: _________________________________________ DUNS Number: __________________________________ eMMA #: _________________________________

Telephone: (_______) _______-- ____________________

Fax: (_______) _______--____________________

E-mail: _________________________________________

ATTACHMENT A – CONTRACT

STATE OF MARYLAND

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the ___day of ____________ by and between the

STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF HEALTH (“Department”), and __________________________________________ (“Contractor”) whose principal office in Maryland is

_____________________________________________ and whose principal business address is

The parties agree as follows:

1. Scope of Contract.

(a) The Contractor shall provide the following goods or services. The day and time of training, case conferencing, and systems calls will be agreed upon by the contract monitor and vendor.

A. COACH training and case conferencing:

i. Interactive series of training events (4, 90–120-minute sessions) delivered virtually for

50 case workers

ii. Case conferencing that includes ongoing coaching and continued support on the

COACH model, focusing on case questions, challenges, and continued guidance on the application of COACH in practice (1 call per month per cohort, total of 12 hours)

B. RELATE training and case conferencing:

i. Interactive training events (2, 90–120-minute sessions) delivered virtually for 25 supervisors

ii. Case conferencing that includes ongoing coaching and continued support on the

RELATE model, ensuring supervisory staff have technical expertise to manage patient-facing staff (1 call per month, total of 6 hours)

C. Monthly Systems Calls

i. Facilitate monthly calls with subject matter experts, Maryland Department of Health leadership and key stakeholders (1 per month, total of 6 hours) to discuss program design, identify needs and themes, and monitor and strategize about the overall progress of COACH and RELATE.

The scope of work or solicitation dated ____________ is attached and incorporated by reference as Exhibit __.

The Contractor’s bid 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 bid or proposal.

(b) Changes. This Contract may be amended only with the written consent of both parties.

Amendments may not significantly change 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 $50,000. Please note: The $50,000 is not the budget but the amount the contract cannot exceed under Small Procurement Delegation. This Contract will be awarded under the Small Procurement

Delegation.

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 Contract Monitor. All invoices shall be submitted in triplicate no later than the 15th of the month for the preceding calendar month. 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. Contract Monitor. The Department designates Stacey-Ann Dyce to serve as Contract Monitor for this Contract. All contact between the Department and the Contractor regarding all matters relative to this

Contract shall be coordinated through the Contract Monitor.

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.

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

CONTRACTOR STATE OF MARYLAND

______________________________(Seal) ___________________________________

By: By:

(Printed Name and Title)

(Printed Name and Title)

Date Date

Attachments: Exhibit A: Scope of Work or Solicitation

Exhibit B: Bid or Proposal

ATTACHMENT B – Bid 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 Bidder/Offeror hereby certifies and agrees that the following information is correct:

In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/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 Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/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 Bidder/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. Bidder/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 Bidder/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 Bid/proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/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 Bid/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 Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the

Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

The undersigned Bidder/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 Bid/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 Bids/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 Bids/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 Bid/proposal that is being submitted; or

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the

Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying

Bid/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 bid/proposal on this project, the Bidder/Offeror has considered all bid/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 national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental

Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service.

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of

Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the…