Professional_Services_Supplemental.pdf
PDF 76 KB Posted
- Attached to
- Forensic Toxicology Drug Test Laboratory
- Solicitation number
- BPM053389
- Issued by
- Maryland
About this file
This Professional Services Supplemental document outlines security requirements for a state contract effective July 2024, specifically detailing comprehensive personnel identification and background check protocols. The document mandates that contractor personnel must display company ID badges while on state premises, be prepared to be escorted, and undergo criminal background checks, including fingerprinting, at the contractor's expense. The state reserves the right to refuse individual contractor personnel based on specific criminal convictions, with particular scrutiny for those who would have access to state systems or data.
The supplemental document provides explicit guidelines for disqualifying contractor personnel, including prohibitions for individuals convicted of felonies, crimes involving telecommunications and electronics, or misdemeanors within the past five years related to specified criminal categories. The document also includes provisions for personnel substitution, requiring prior written approval from the Contract Manager, with potential contract termination for default if these protocols are not followed. While no specific procurement details are provided, the document emphasizes stringent security measures and the state's discretion in personnel approval for contract work.
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Text version
Professional Services Supplemental Effective Date: July 2024
Professional Services Supplemental
This supplemental contains additional requirements under Section 2 of the solicitation.
1. Security Requirements
The following requirements are applicable to the Contract:
1.1. 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.
1.2. Security Clearance / Criminal Background Check
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.
A. A criminal background check for each for any Contractor Personnel providing any services under the Contract.
B. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)
State or federal criminal background check, including fingerprinting, for all Contractor
Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.
C. The Contractor shall provide the Contract Manager with certification of completion of the required criminal background check described in this IFB for each required Contractor
Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.
D. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Manager. The Contract Manager reserves the right to reject any individual based upon the results of the background check. Decisions of the
Contract Manager as to acceptability of a candidate are final.
E. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed and documented by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:
1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);
2) any crime within Title 7, Subtitle 1 (various crimes involving theft);
Professional Services Supplemental Effective Date: July 2024
3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);
4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);
5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or
6) a crime of violence as defined in CL § 14-101(a).
F. Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.
G. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.
1.3. On-Site Security Requirement(s)
THIS SECTION IS INAPPLICABLE TO THIS IFB.
2. Department of Human Services (DHS) Hiring Agreement
This solicitation does not require a DHS Hiring Agreement.
3. Substitution of Personnel
If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Manager prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Manager, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.
4. Location of the Performance of Services Disclosure
This solicitation does not require a Location of the Performance of Services Disclosure.
5. HIPAA - Business Associate Agreement
A HIPAA Business Associate Agreement is not required for this procurement.
6. Data Use Agreement (if applicable)
This solicitation does not require a Data Use Agreement.
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