POST - RFP - OCMP-23-00063 WIC Investigative Services --msr_mks edits-2.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

REQUEST FOR PROPOSALS (RFP)

MARYLAND WIC PROGRAM

INVESTIGATIVE SERVICES

RFP NUMBER OCMP-23-00063

EMMA BPM032648

ISSUE DATE: NOVEMBER 11, 2022

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State

Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs

(GOSBA) Small Business Reserve Program are eligible for award of a Contract.

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Maryland WIC Program Investigative Services

Solicitation #: OCMP-23-00063 RFP Document

RFP for Maryland WIC Program Page ii of 102

VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the

Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Maryland WIC Program Investigative Services

Solicitation No: OCMP-23-00063

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State is simply too complicated. (Explain in REMARKS section)

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Proposal is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Proposal requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland Contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - ____________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

RFP for Maryland WIC Program Page iii of 102

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

(MDH)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Maryland WIC Program Investigative Services

Solicitation Number: OCMP-23-00063

RFP Issue Date: November 11, 2022

RFP Issuing Office: Maryland Department of Health (MDH)

Office of Maryland WIC Program

Procurement Officer: Jim Beauchamp

Maryland Department of Health (MDH)

Office of Contract Management and Procurement

201 W. Preston Street, Room 416B

Baltimore, MD 21201 e-mail:

Office Phone:

Procurement

Officer/Facilitator jim.beauchamp.maryland.gov

410-7767-0914

Sherida Studwood

Sherida.studwood1@maryland.gove

443-681-9944

Proposals are to be sent to: Proposals will be accepted through the State’s Maryland

Marketplace Advantage (eMMA) e-Procurement system.

Instructions on how to submit bids electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

Pre-Proposal Conference: November 30, 2011, 11:00 AM EST Local Time Via

Teleconference

See Attachment A for directions and instructions.

Questions Due Date and

Time

December 21, 2022, 2:00 PM EST Local Time Questions must be submitted to mdh.soliciationquestions@maryland.gov

Proposal Due (Closing)

Date and Time:

December 30, 2022, 2:00 PM EST Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

mailto:Sherida.studwood1@maryland.gove https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

RFP for Maryland WIC Program Page iv of 102

MBE Subcontracting Goal: 0%

VSBE Subcontracting

Goal:

0%

Contract Type: Firm Fixed Price in accordance with COMAR 21.06.03.02 (1)

Contract Duration: Five (5) Years

Primary Place of

Performance:

Place of business - As proposed by Offeror and

Scope of Work performed throughout the State as directed by

Contract Monitor.

SBR Designation: Yes

Federal Funding: Yes

RFP for Maryland WIC Program Page v of 102

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

Summary Statement

Background, Purpose and Goals

Contractor Responsibilities and Tasks

Staffing

Training

Staff Performance Remediation

Reports

Administrative Hearings

Deliverables

3 Contractor Requirements: General

Contract Initiation Requirements

End of Contract Transition

Invoicing

Liquidated Damages

Disaster Recovery

Insurance Requirements

Security Requirements

SOC 2 Type 2 Audit Report

Experience and Personnel

Substitution of Personnel

Minority Business Enterprise (MBE) Reports

Veteran Small Business Enterprise (VSBE) Reports

Work Orders

Additional Clauses

4 Procurement Instructions

Pre-Proposal Conference eMaryland Marketplace Advantage (eMMA)

Questions

Procurement Method

RFP for Maryland WIC Program Page vi of 102

Proposal Due (Closing) Date and Time

Multiple or Alternate Proposals

Economy of Preparation

Public Information Act Notice

Award Basis

Oral Presentation

Duration of Proposal

Revisions to the RFP

Cancellations

Incurred Expenses

Protest/Disputes

Offeror Responsibilities

Acceptance of Terms and Conditions

Proposal Affidavit

Contract Affidavit

Compliance with Laws/Arrearages

Verification of Registration and Tax Payment

False Statements

Payments by Electronic Funds Transfer

Prompt Payment Policy

Electronic Procurements Authorized

MBE Participation Goal

VSBE Goal

Living Wage Requirements

Federal Funding Acknowledgement

Conflict of Interest Affidavit and Disclosure

Non-Disclosure Agreement

HIPAA - Business Associate Agreement

Nonvisual Access

Mercury and Products That Contain Mercury

Location of the Performance of Services Disclosure

Department of Human Services (DHS) Hiring Agreement

Small Business Reserve (SBR) Procurement

Maryland Healthy Working Families Act Requirements

RFP for Maryland WIC Program Page vii of 102

5 Proposal Format

Two Part Submission

Proposal Delivery and Packaging

Volume I - Technical Proposal

Volume II – Financial Proposal

6 Evaluation and Selection Process

Evaluation Committee

Technical Proposal Evaluation Criteria

Financial Proposal Evaluation Criteria

Reciprocal Preference

Selection Procedures

Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Compliance Investigation Transaction Report

RFP for Maryland WIC Program Page viii of 102

Attachment Q. Food Donation/Destruction Record

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

RFP for Maryland WIC Program Page 1 of 102

1 Minimum Qualifications

Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Maryland WIC Program Page 2 of 102

2 Contractor Requirements: Scope of Work

Summary Statement

The Maryland Department of Health (MDH or the "Department")

Women, Infants, and Children Program (WIC) is issuing this Request for Proposals (RFP) to provide investigative services to conduct undercover Compliance Buys.

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 the Contract is five

(5) years with no options.

COMAR 10.54.02.18 provides that funding of this Contract is subject to the availability of federal funds.

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

See RFP Section 4.9 Award Basis for more Contract award information.

An Offeror, either directly or through its 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.

A Contract award does not ensure a Contractor will receive all or any

State business under the Contract.

Background, Purpose and Goals

The Maryland Department of Health (MDH or the Department), Women, Infants and Children Program is a federally funded program through the United States Department of Agriculture, USDA Food and

Nutrition (USDA/FNS) that provides healthy supplemental foods and nutrition education for pregnant women, new mothers, infants, and children under age five (5) who are determined eligible.

The WIC Program is not an entitlement program, and there are limited funds allocated to serve the WIC population. The Maryland WIC

Program serves approximately 125,000 women, infants, and children, and has approximately 547 authorized vendors who accept and redeem electronic WIC benefits (eWIC). Maryland WIC also works with authorized farmers that only accept and redeem eWIC benefits issued for fruits and vegetables.

RFP for Maryland WIC Program Page 3 of 102

Pursuant to federal regulations, the State agency must design and implement a system for monitoring its vendors for compliance with program requirements. The State agency must conduct compliance investigations of a minimum of five (5) percent of the number of vendors authorized by the State agency each fiscal year.

Compliance Buys. For Compliance Buys, the State agency must also document:

a) The date of the buy;

b) A description of the cashier involved in each transaction;

c) The types and quantities of items purchased, current shelf prices or prices charged other customers, and price charged for each item purchased, if available. Price information may be obtained prior to, during, or subsequent to the compliance buy; and

d) The final disposition of all items as destroyed, donated, provided to other authorities, or kept as evidence.

A compliance investigation of a vendor may be considered complete when the State agency determines that a sufficient number of

Compliance Buys have been conducted to provide evidence of program compliance or noncompliance.

State Staff and Roles

a) The Contract Monitor or their designee will identify stores for undercover visits and provide instructions for Compliance Buys on the ‘Compliance Buy Report’ for Contractor’s investigators to follow.

b) The Contract Monitor or their designee will review and approve assigned investigators prior to conducting visits.

c) The Contract Monitor or their designee will provide the allotted timeframe in which the buys are to be completed.

d) Upon completion and submission of the buys by the Contractor, the Contract Monitor or their designee will review reports for completion and accuracy. Report submission, review, and acceptance will follow Section 2.7.

Contractor Responsibilities and Tasks

RFP for Maryland WIC Program Page 4 of 102

Required Policies, Regulations, and Guidelines

The Contractor shall be required to adhere to all local, State, and federal law, regulations, policies, and operating procedures, including all applicable existing regulations, policies, and operating procedures affecting the Maryland WIC Program and subsequently enacted as a result of State or federal legislation or regulation. Offeror is required to review all applicable links provided below and state compliance in its response. These include:

a. 7 CFR 246 Federal Regulations 7CFR;

b. COMAR 10.54.03 Maryland COMAR;

c. United States Department of Agriculture, Food and Nutrition Services

(FNS) guidelines; WIC Laws and Regulations;

d. MD WIC Authorized Vendor Manual

Ensure no discrimination against persons on the grounds of race, sex, color, creed, political beliefs, national origin, marital status, sexual orientation, genetic information, religion, disability, or age.

The Contractor shall perform Compliance Buys as directed by the

Contract Monitor. Compliance Buys are conducted to verify vendor compliance with federal and State WIC regulations and to detect program fraud and/or abuse.

Prior to initiating a Compliance Buy, the Contractor shall:

a. Receive instructions from the Contract Monitor as to what the Contractor’s assignment is for each Compliance Buy. The investigator will study the instructions and commit them to memory prior to going to the store.

b. Receive direction from the Contract Monitor as to the requirements to blend into the community, and pertinent factors for each Compliance Buy (e.g., language requirements, ethnicity of usual clientele for a select store);

c. Provide the investigator with background information of alleged, suspected, or potential WIC violations committed by the WIC Authorized Vendor;

d. Instruct the investigator on how to recognize violations of WIC Authorized

Vendor requirements during the Compliance Buy;

e. Assist the investigator in preparing a Cover Story in the event that questions are asked during the Compliance Buy;

f. Supply the investigator with the necessary documents and WIC Food

Instruments to conduct the Compliance Buy; and

g. Perform any other tasks related to the Compliance Buy, as instructed by the

Contract Monitor.

https://www.fns.usda.gov/part-246%E2%80%94special-supplemental-nutrition-program-women-infants-and-children http://www.dsd.state.md.us/COMAR/searchall.aspx https://www.fns.usda.gov/wic/wic-laws-and-regulations https://health.maryland.gov/phpa/wic/Pages/wic-formslist.aspx

RFP for Maryland WIC Program Page 5 of 102

The Contactor shall ensure investigators are trained to conduct eWIC transaction Compliance Buys throughout the State of Maryland. The contractor shall train the investigators on the following processes:

A. The assigned investigator will be able to blend into the community. This includes dressing appropriately for the buy and knowledge of the surrounding area to include cross streets near the store.

B. The assigned investigator will create a Cover Story that matches the community.

1) The Cover Story shall include information such as the following: if they are new to the area, what are they doing in the area, etc.

2) The investigator shall be in character when participating in small talk with the store staff and know how to address and overcome questions and/or skepticism from store staff (e.g., a questioning attitude from the investigator may be appropriate if/when store staff are asking a lot of questions and an appropriate response could be because “it’s none of their business.”).

C. Approach WIC Authorized Vendor stores in an inconspicuous manner.

D. Select items to be purchased following any special instructions from the

Contract Monitor and, in doing so, the Contractor may deviate from those instructions to see if the vendor will allow for unauthorized substitutions, trafficking or any other Program violations.

E. Follow any special instructions given by store staff. The investigator may reasonably deviate from the instructions given by the Contract Monitor to uncover other Program violations. Examples include, asking for the PIN, allowing an unauthorized substitution, charging the Program for food that was not requested by the investigator, or other violations of the Program.

The investigator will document the violations in the Compliance

Investigation Transaction Report attached to the RFP.

F. Avoid perceived ‘Entrapment’ of store personnel or representatives.

Entrapment is overbearing conduct in the form of pressure, harassment, coercion, fraud, flattery, or threats to induce store staff to commit a violation;

G. Shopping should be performed in a normal manner. Investigator should not identify themselves as a WIC shopper or have eWIC Food Instruments in plain sight prior to checking out. Once at the register, the investigator shall inform the cashier that it is a WIC transaction.

H. Observe details of the store carefully. Details that should be noted include but are not limited to:

1) People loitering in the store;

2) WIC foods on shelves and in coolers;

3) Expired food items;

4) Prices on or near WIC food items;

RFP for Maryland WIC Program Page 6 of 102

5) Observation of cashier using a scan booklet instead of scanning actual item;

6) Any eWIC Food Instrument(s) in the cash drawer;

7) Gender and race, if apparent and applicable, of store staff; and

8) Names as observed on name tags and physical description of store staff.

I. Present WIC Food Instrument to the cashier to complete the transaction and note if an identification card is asked for;

J. For cash buys, Investigators shall use their own cash to complete the cash transaction;

1) A receipt must be included with the Compliance Investigation

Transaction Report. Do not write, make notes on or tamper with the receipt, as this is a piece of evidence.

2) Perform all special instructions as given by the Contract Monitor, and those provided during initial or annual training.

3) Cash buys are reimbursable by submitting receipts or other sufficient documentation approved by the Contract Monitor within the time frame specified in RFP Section 3.3, Invoicing.

K. Retain receipts (if given) to be included with the Compliance Investigation

Transaction Report. The Contractor shall not write or make notes on or tamper with the receipt, as this is a piece of evidence. If a receipt is not provided, this must be noted in the Compliance Investigation Transaction

Report.

L. Perform all special instructions as given by the Contract Monitor, and those provided during initial or annual training.

M. Accurately complete and submit the provided Compliance Investigation

Transaction Report as instructed by the Contract Monitor for each investigation and respond to any inquiries by the Contract Monitor concerning the report and/or investigation within one (1) Business Day.

Disposition of Foods Purchased During a Compliance Buy

The Contractor shall ensure that food items purchased as a part of each investigation are properly disposed by:

RFP for Maryland WIC Program Page 7 of 102

A. Donating the food items to a Department-approved non-profit organization within 48 hours of purchase using the Maryland WIC Program Food Donation/Destruction Record form (Attachment Q). If the donation cannot be made within 48 hours due to weather closures, the Contractor shall donate the food items when the organization reopens for business. If there is some other reason the investigator cannot make the donation within 48 hours, the Contractor shall make arrangements to do so themselves. During any interim period, the Contractor shall store all food items in a food safe container and/or refrigerator. If for some reason the food items cannot be donated and must be destroyed, Contractor must complete the form as instructed and State the reason why; and

B. Maintain documentation of the donation record in the individual WIC Authorized Vendor store’s case file, according to Department procedures and note any reasons for delayed donations or destructions.

Staffing

The Contractor shall retain investigators to perform the necessary duties described in this RFP.

Staffing requirements include the following:

A. Provide at all times during the Contract at least one (1) investigator each of Caucasian, African American, and Hispanic origin for purposes of blending into the surrounding communities as required and no less than two (2) females and one (1) male investigator who can perform Compliance Buys, as appropriate, based on the needs of the Department (the investigator of Hispanic origin shall be bilingual and fluent in English and Spanish); and

B. Maintain sufficient number of investigators for the duration of the Contract to ensure that no investigator performs more than eight (8) Compliance Buys in any given month.

C. In order to preserve the anonymity of the investigators, the Contractor shall assign no fewer than four (4) investigators to perform Compliance Buys within a calendar month, as instructed by the Contract Monitor and refrain from performing all Compliance Buys assigned within that month on the same day. Additional investigators shall be provided at the direction of the Contract Monitor.

RFP for Maryland WIC Program Page 8 of 102

D. To preserve the integrity of the undercover buy, investigators shall be replaced as directed by the Contract Monitor.

E. In addition to any requirements set forth in Section 2.3 the Contractor shall inform the Contract Monitor in writing at least 15 days prior to the effective date of any new or substitution of staff. Training will be provided by the Department for new staff prior to conducting any undercover buys.

F. The Contractor shall provide to the Contract Monitor, a List of Investigators.

The List of Investigators will include all active and current names and contact information of the investigators who will be conducting the undercover Compliance Buys.

G. If any investigator is removed from the List of Investigators, an email will be sent to notify the Contract Monitor. The Contractor shall provide an updated List of Investigators within 24 hours of the notification email of who will be available to conduct the undercover buys.

H. If new investigators are added, an updated List of Investigators shall be provided to the Contract Monitor within five (5) business days after Department’s training of new staff.

Training

The Contractor shall provide training to all investigators prior to their initial Compliance Buy, in addition to Department training. The

Contractor’s training will include the following requirements below, and other requirements as may be added by the Contract Monitor:

A. Train investigators on the potential dangers of conducting undercover buys, as some will occur in high crime areas.

B. Provide training and coaching on how to conduct an undercover investigation. This may include how to think quickly and act nonchalantly or unconcerned under stressful situations.

C. The Contractor shall ensure that all staff who will perform the duties listed in Section 2.3, attend a two (2) – four (4) hour training session that will be conducted by the Contract Monitor or their designee three (3) weeks before the NTP Date of the Contract, or thereafter for any subsequent new hires.

The Contractor will notify the Contract Monitor of the new hires so training can be provided to those new hires before they are allowed to conduct any undercover Compliance Buy with an annual refresher training throughout the term of the Contract. The dates and locations will be provided by the Contract Monitor.

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D. Documentation of the training provided by the Contractor shall be submitted to the Contract Monitor within five (5) days of completing the training. Documentation shall include the date of the training, the name of the person conducting the training, a copy of the training agenda, a copy of the training materials and a form signed and dated by the new staff acknowledging receipt of the training.

Staff Performance Remediation

In the event of performance issues with Contractor staff, the Contract

Monitor will give written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). The Contractor shall respond with a written remediation plan within five (5) Business Days and implement the plan immediately upon written acceptance of the Contract Monitor.

If performance issues persist, the Contract Monitor may give written notice or request the immediate removal of person(s) whose performance is an issue, including the Contractor’s Lead Staff Person assigned to report to the Contract Monitor, and determine whether a substitution is required.

Reports

The Contractor shall accurately complete and submit the applicable reports and donation/destruction records for any assignment described herein as instructed by the Contract Monitor. Contractor shall respond to any inquiries concerning the reports within two (2) Business Days of the request or inquiry. The Contractor shall submit reports that require corrections within five (5) Business Days to the Contract Monitor. All reports must be professional with minimal errors.

Prepare and maintain a case file on each WIC Authorized Vendor for which the Contractor conducted a visit according to the instructions from the Contract Monitor. The file shall include the following items below, and any other requirements specified by the Contract Monitor:

A. Compliance Buy Instructions;

B. Compliance Investigation Transaction Report (Attachment P); and

C. Food Donation/Destruction Record (Attachment Q).

Retain all records for a minimum of five (5) years from the date required reports are submitted to the Contract Monitor. If a pending audit is not complete, the records shall be retained until any State or Federal audit is completed or resolved, or until any pending litigation is resolved, whichever is later.

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Ensure that Contractor’s records are available for review, audit, or copying during normal business hours for:

A. Representatives of the Comptroller General of the United States, U.S.

Department of Agriculture’s Office of the Inspector General, Food and Nutrition Service of the U.S. Department of Agriculture (FNS); and

B. State-authorized personnel

Allow both State and federal officials to monitor the Contractor’s performance in adherence with WIC established policies and procedures; and

Comply with the confidentiality requirements in the federal WIC

Consolidated Regulations, 7CFR Part 246.

Administrative Hearings

Administrative hearings are scheduled by the State Office of

Administrative Hearings (OAH) to hear appeals from WIC Authorized

Vendors that have been sanctioned by the Department. Hearings are presided over by an administrative law judge who issues a ruling on the matter, normally at a later date. The Contractor will be paid hourly as indicated in Attachment F for the time spent testifying and the time spent preparing for the hearing.

The Contractor shall make appropriate staff available for hearing preparation and testimony at court or administrative hearings and other proceedings as required by the Department. The State may subpoena

Contractor’s personnel after the end date of the Contract for a case that is being reviewed by the Department, is pending a decision at the OAH, or is otherwise still in litigation.

Deliverables

Deliverable Submission

A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, a written acceptance or required revision.

C. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office Suite and Adobe within two (2) versions of the currently available software. At the Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

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D. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor, with final authority on the deliverable review cycle resting with the Contract Monitor. This review process cycle begins when the Contractor completes a deliverable.

E. For any written deliverable, the Contract Monitor may request a draft version of the deliverable in compliance with the minimum deliverable quality criteria listed in Section 2.9.3 Minimum Deliverable Quality.

Deliverable Acceptance

A. Deliverables shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for deliverables as defined in Section 2.9.4 Deliverable Descriptions/Acceptance Criteria.

B. The Contract Monitor shall review a deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor.

C. The Contract Monitor will review the deliverables to ensure that at the completion of a buy and within 48 hours, the investigator donated all food items purchased on the Compliance Buys to a foodbank or charitable organization.

D. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable via e-mail.

E. In the event of rejection, the Contract Monitor will communicate in writing (including via email) any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

RFP for Maryland WIC Program Page 12 of 102

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

E. Meet the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

F. Contain no structural errors such as poor grammar, misspellings, or incorrect punctuation.

Deliverable Descriptions/Acceptance Criteria

In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

Deliverables Summary Table*

ID # Deliverable

Description

Acceptance Criteria Due Date /

Frequency

2.2.4 Compliance Buy

Report & Supporting

Documents

MS Word. Complete with no errors.

Five (5) business days after a

Completed

Compliance Buy is performed.

2.4 List of Investigators

Available

MS Word. List identifying the available investigators.

Ten (10) days after the notice to proceed.

Updated list to be provided 24 hours after notification to the Department of staff changes.

*The deliverables summary table may not list every Contractually required deliverable. Offerors and Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

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3 Contractor Requirements: General

Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within fifteen (15)

Business Days of Notice to Proceed (NTP) Date. At the kickoff, the

Contract Monitor and Contractor will review the requirements and expectations under the RFP. The Contractor shall furnish an updated project schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution.

Contractor shall submit to the Contract Monitor for approval, within three (3) Business Days after the Notice to Proceed date, a final Work

Plan that confirms that the dates and specified actions described in the

Contractor’s proposal (either initially or as revised after discussions) will happen as projected.

End of Contract Transition

The Contractor shall provide transition assistance as requested by the

State to facilitate the orderly transfer of services to the State or a follow-on Contractor, for a period up to 90 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide updated system documentation as appropriate; and

D. Provide current operating procedures (as appropriate).

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The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor.

The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

The Contractor shall prepare a list of all incomplete Compliance Buys and any other assignments by the Contract Monitor indicating the work that needs to be accomplished to complete these assignments and email the list to the Contract Monitor within five (5) Business Days before the

Contractor’s completion or termination of this Contract.

The Contractor shall provide a statement to the Contract Monitor in writing on the Contractor’s letterhead that the Contractor shall:

A. Ensure appropriate staff is available for administrative hearings according to Section 2.8 for a minimum of two

(2) years.

B. Maintain store files according to Section 2.7.3 (Records and Reports).

The Contractor shall cooperate in the orderly transition of services from the Contract awarded under this solicitation to any subsequent Contract with a different Contractor for the same or similar services. The transition period shall begin ninety (90) days before the Contract end date, or the end date of any final exercised option or Contract extension.

The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract

Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract.

The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

Invoicing

General

A. The Contractor shall e-mail all invoices to WIC Billing at:

mdwic.billing@maryland.gov and the Contract Monitor at:

Maura.Shea@maryland.gov, with a copy to: Mary.Royer1@maryland.gov.

mailto:mdwic.billing@maryland.gov mailto:Maura.Shea@maryland.gov mailto:Mary.Royer1@maryland.gov

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B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided (including specific projects);

10) Amount due; and

11) Any additional documentation required by regulation or the

Contract.

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D. Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.

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

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

G. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with

COMAR 21.10.04.

H. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

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

Invoice Submission Schedule

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

1. All invoices for services shall be submitted no later than the 15th day of the month following the month in which the services were provided.

2. Cash buys are reimbursable by submitting receipts within the time frame specified in

3.3.2.A.1.

Travel Reimbursement

Travel will not be reimbursed under this RFP.

Liquidated Damages

MBE Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

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Liquidated Damages other than MBE

This section is inapplicable to this RFP.

Disaster Recovery

The following requirements apply to the Contract:

Backup and Disaster Recovery

Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State case files and other confidential information throughout the Contract term.

Data Export/Import

This section is inapplicable to this RFP.

Data Ownership and Access

A. Data, databases and derived data products created, collected, manipulated, or directly purchased as part of an RFP are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

B. Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the

Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

C. The Contractor shall limit access to and possession of State data to only

Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

D. At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the

Contractor for subsequent use in any transaction that does not include the

State.

E. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

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The terms herein shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down these provisions (or the substance thereof) in all subcontracts.

Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $2,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $5,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the

Maryland Department of Health should be added as a “loss payee.”

D. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the

Longshore and Harbor Workers’ Compensation Act, and the Federal

Employers’ Liability Act, to not be less than one million dollars

($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

E. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile and/or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with

Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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The “State of Maryland, its officers, employees and agents” shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding

Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement

Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year

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

Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

Security Requirements

The following requirements are applicable to the Contract:

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Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

Security Clearance / Criminal Background Check

A. A criminal background check for any Contractor Personnel providing services under the Contract shall be completed prior to each Contractor Personnel providing services under the Contract. The Contractor shall obtain from each individual assigned to work on the Contract a signed statement permitting a criminal background check.

B. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting.

C. The Contractor shall provide the Contract Monitor with completed checks on all new employees prior to assignment. The Contractor may not assign an employee with a criminal record to work under this Contract unless prior written approval is obtained from the Contract Monitor.

D. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

E. The Contractor shall provide certification to the Department that the Contractor has completed the required criminal background check described in this RFP for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

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F. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

On-Site Security Requirement(s)

A. For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

B. Any Contractor Personnel who enter the premises of a facility under the jurisdiction of the Department, shall be required to wear a visitor badge issued by the Department.

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that controls the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword: Security Policy.

The Contractor shall:

http://www.doit.maryland.gov/

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B. Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5).

C. Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and

D. The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security Policy and Standards as each may be amended or revised from time to time.