Published - RFP - Prison Report Consultant 27-SERV-001 .pdf

Prison Report Consultant

Solicitation #: 27-SERV-001 RFP Document

RFP for Governor’s Office of Crime Prevention and Policy Page 1 of 42

STATE OF MARYLAND

GOVERNOR’S OFFICE OF CRIME PREVENTION AND

POLICY (GOCPP)

REQUEST FOR PROPOSALS (RFP)

PRISON REPORT CONSULTANT

RFP NUMBER: BPM059112 - 27-SERV-001

ISSUE DATE: 09/30/2026

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO OFFERORS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

RFP for Governor’s Office of Crime Prevention and Policy Page 2 of 42

STATE OF MARYLAND

GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY

(GOCPP)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Prison Report Consultant

Solicitation Number: 1 BPM059112 - 27-SERV-001

RFP Issue Date: 09/30/2026

RFP Issuing Office: Governor’s Office of Crime Prevention and Policy (“GOCPP” or the

"Agency")

Procurement Officer: Dieudonne Mwaha

100 Community Place, Crownsville, MD 21032

Email:

Phone Number:

dieudonne.mwaha1@maryland.gov

(410) 697-9296

Proposals are to be sent to:

To submit a proposal, offerors must first register on emma.maryland.gov.

We recommend registering in advance to become acquainted with the site.

Instructions on how to submit proposals 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

Submit on emma.maryland.gov under Solicitation Number 27-SERV-001

No Proposal/Proposal

Notice Feedback Form

*If you are not submitting a proposal for this solicitation, submit

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

Friday, October 9, 2026, at 10:00 am. Local Time (Google meet

Virtual Teleconference by Calendar Invitation from Procurement

Officer Only.)

See Section 4.3 for additional details.

See Attachment 2 to RSVP by Thursday, October 8th, 2026, at 12:00

PM to Attend

Questions Due Date and

Time:

October 19, 2026 at 2:00 PM Local Time

RFP for Governor’s Office of Crime Prevention and Policy Page 3 of 42

Proposal Due (Closing)

Date and Time:

November 6, 2026 at 2:00 PM Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-proposal decision is made (see Attachment 1 - No Proposal

Notice/Vendor Feedback Form).

MBE Subcontracting

Goal:

5% with no subgoal

VSBE Subcontracting

Goal:

N/A

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Proposals:

Multiple or alternate Proposals will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: Twelve (12) Months

Primary Place of

Performance:

At Contractor’s Location

SBR Designation: No

Federal Funding: No

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

2.5 Substitution of Personnel

2.6 Security Requirements

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

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4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award RFP Attachments

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

8 Attachment 1. No Proposal Notice/Vendor Feedback

9 Attachment 2. Pre- Proposal Conference Response Form

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2 Minimum Qualifications

2.1 Offeror Minimum Qualifications

The Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

A. The Offeror shall have a PhD or a Master’s degree from an accredited institution in the

United States in at least one of the following disciplines: Criminology, Criminal Justice, Sociology, Forensic Psychology, Public Policy, or a related field.

As proof of meeting this requirement, the Offeror shall provide with its Proposal a copy of the diploma(s) from an accredited institution in the United States in one of the aforementioned disciplines.

B. The Offeror must have completed at least two (2) peer-reviewed publications or formal administrative reports. Preference will be given for reporting related to Public Safety.

As proof of meeting this requirement, the Offeror shall provide with its Proposal electronic copies of the publications or reports evidencing the Offeror’s achievements.

C. The Offeror shall provide with its Proposal "Attachment L Reference Checks" three references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Contractor Requirements: Scope of Work

3.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the services, as specified in this Section 2, from a contract between the selected Offeror and the State of Maryland (“State”), Governor’s Office of

Crime Prevention and Policy (“GOCPP” or “the Agency”), for a consultant to conduct a study within the Maryland adult prison system to identify systemic gaps in policies and to make recommendations to reduce violence and deaths.

It is the State’s intention to obtain goods and services, as specified in this RFP, from a contract between the selected Offeror and the State.

The Agency intends to make a single award from this RFP. See RFP Section 6.5 Selection

Procedures for more Contract award information.

3.2 Background and Purpose

The GOCPP is part of the Executive branch of state government and serves as the State

Administering Agency (“SAA”) for a variety of federal and state grant programs.

The purpose of this RFP is to procure a consultant to conduct a study of the Maryland prison system to identify systemic gaps in policies and make recommendations to the Department of Public Safety and Correctional Services (“DPSCS”) and other criminal justice partners to reduce violence and deaths.

The primary objective of the study is to provide an objective, data-driven analysis of the current workflow, operations and deliver actionable recommendations to improve safety and reduce deaths.

The study will also compare Maryland’s prison policies and procedures to those of other comparable states and existing best practices, focusing particularly on states with lower levels of violence and successful rehabilitation models. The GOCPP must submit the final report with recommendations to the budget committees within one (1) year (365 days) of the contract effective date. The resulting contract shall not exceed two hundred thousand dollars ($200,000).

3.2.1 State Staff and Roles

The State project team consists of the Procurement Officer and the Contract Monitor

A. The Contract Monitor or designee is responsible for supervision and contract oversight, including:

1. Maintaining close contact with the Contractor to resolve any work-related issues;

2. Strategy and approach to the research project; and

3. Contract Compliance and monitoring, as needed.

3.3 Contractor Responsibilities and Tasks

The selected Contractor, either directly or through its subcontractors, must be able to provide all the services and meet all the requirements described in this solicitation. The Contractor shall remain responsible for Contract performance regardless of subcontractor participation in the work. The

Contractor is responsible for safeguarding the information provided by GOCPP.

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3.3.1 Scope of Services

The specific tasks to be included in the study are set forth below.

A. Research and Analysis

1) Consult with the Executive Director as needed for strategy and approach to the research project and maintain steady progress and adhere strictly to the agreed project schedule.

2) Review the current institutional policies, staffing patterns, safety protocols, and daily operations;

3) Assess the levels of violence among incarcerated individuals and correctional staff in Maryland’s entire adult prisons using publicly available data;

4) Conduct a review of other comparable states’ policies, including but not limited to policies related to prison violence, and provide a comparison of Maryland’s policies with those of other states;

5) Evaluate historical data related to inmate populations, incident reports, healthcare delivery, or program participation;

6) Conduct interviews, focus groups, or surveys with facility leadership, correctional staff, relevant stakeholders; community partners;

7) Summarize existing best practices related to prison violence and rehabilitation of incarcerated adults; and

8) Provide recommendations for implementation regarding rehabilitation and how to reduce violence and deaths among incarcerated individuals and correctional staff.

B. Documentation and Reporting

1) Prepare documentation outlining the methodology and data sources utilized in the research and analysis.

2) Provide monthly updates via email to the Executive Director.

3) Submit an interim report to the Executive Director no later than ninety (90) days prior to the contract expiration date.

4) Submit a comprehensive final draft report detailing core findings, long-term projections, and prioritized actionable recommendations to the GOCPP’s Executive

Director no later than thirty (60) days prior to the contract end date.

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3.4 Experience and Personnel

3.4.1 Preferred Offeror Experience

The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability and references evaluation factor from Section 6.2):

The Contractor shall have experience having completed peer-reviewed publications or formal administrative reports as demonstrated by the number of years the Contractor has provided similar services.

3.4.2 Personnel Experience

The Offeror shall include individual resumes for the Key Personnel, including Key Personnel for any proposed subcontractor(s), who are to be assigned to the project if the Offeror is awarded the

Contract. Each resume shall include the amount of experience the individual has had relative to the Scope of Work set forth in this solicitation. Letters of intended commitment to work on the project, including letters from any proposed subcontractor(s), shall be included in this section.

The following experience is expected and will be evaluated as part of the Technical Proposal (see the capability of proposed resources evaluation factor from Section 6.2).

The proposed personnel in providing the services must meet the following minimum qualifications for experience and proficiency.

1) A Master’s degree from an accredited institution in the United States in any of the following fields: Criminology, Criminal Justice, Sociology, Forensic Psychology, Public

Policy, or a strictly related field.

2) Formal education in both quantitative data modeling and qualitative research design.

3) Experience using statistical tools like SPSS, R, or Stata to evaluate institutional metrics and misconduct records.

4) Demonstrated knowledge of correctional dynamics: Deep familiarity with drivers of custodial violence, such as gang structures, overcrowding, staffing shortages, and contraband economies.

5) Prior senior level experience in policy application: Ability to translate empirical data into practical, actionable safety recommendations for prison administrators and policymakers.

6) Breadth of knowledge in conducting large-scale institutional studies, preferably within correctional and criminal justice.

7) Excellent communication skills, ethical judgment and critical thinking, with experience presenting complex findings to government officials, oversight bodies, or the public.

3.4.3 Contractor Personnel Maintain Certifications

All Contractor Personnel proposed under this RFP shall remain in good standing with all required professional qualifications for the duration of the Contract.

Education and experience described in Sections 2.4.1 constitute the minimum qualifications for candidates performing work under this RFP. All experience required must have occurred within the most recent ten (10) years.

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3.5 Substitution of Personnel

3.5.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key

Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the

Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

3.5.2 Definitions

For the purposes of this section, the following definitions apply:

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave

Act; an Incapacitating injury or Incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the Contractor’s Technical Proposal.

3.5.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.5.4.

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1. A detailed explanation of the reason(s) for the substitution request;

2. The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3. The official resume of the current personnel for comparison purposes; and

4. Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the

RFP for Governor’s Office of Crime Prevention and Policy Page 11 of 42 requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

3.5.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, Agency policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 2.5.4.A.2.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract

Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the

Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the

Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

3. Should performance issues persist despite an approved Remediation Plan, the

Contract Monitor may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

4. Replacement or substitution of Contractor Personnel under this section 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.

5. If the Contract Monitor determines to direct substitution under 2.5.4.A.1, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor.

However, if the Contract Monitor deems it necessary and in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the

Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6. In circumstances of directed removal, the Contractor shall, in accordance with paragraph 2.5.4.A.1 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement

To replace any Key Personnel in a circumstance other than as described in 2.5.4.C, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.5.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

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C. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor shall replace Key Personnel whenever a sudden vacancy occurs

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B.

2. Under any of the circumstances set forth in this paragraph C, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.5.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

D. Key Personnel Replacement Due to an Indeterminate Absence

1. If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under

Section 2.5.3.

2. However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor the Contract

Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

3.5.5 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

the vacancy occurs due to an Incapacitating event or the death of such personnel. To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination

3.6 Security Requirements

A. A criminal background check for each Contractor Personnel providing services shall be completed prior to each Contractor Personnel providing services under the Contract.

B. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)

State and Federal criminal background check, including fingerprinting, for all Contractor

Personnel listed in sub-paragraph A. The check may be performed by a public or private entity.

C. Personnel 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.

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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.

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4 Standard Terms and Conditions

4.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

4.2 End of Contract Transition

The Contractor shall cooperate in the orderly completion of services by the end of the contract term or the Contractor's submission of the final report, whichever is sooner. The final report is subject to the

Contract Monitor's formal review and written acceptance, which shall not be unreasonably withheld or delayed.

The Contractor shall promptly return all State-owned data, confidential information, and materials at the end of the contract. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

4.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

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

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

E. Description of the service(s) provided in an itemized list separately detailing the quantity and amount for each line item charges;

F. Invoice date;

G. Invoice number;

H. State assigned Contract number;

I. State assigned (Blanket) Purchase Order number(s);

J. Goods or services provided;

K. Amount due; and

L. Any additional documentation required by regulation or the Contract.

All invoices, whether in hard copy or by electronic means, must be accompanied by supporting documentation related to hours billed to enable an audit of the transactions. Supporting documentation records must include the following:

1. List of each staff that provided services and that the Contractor is billing for on the current invoice;

2. Each staff’s assignment for which they are being billed;

3. Specific amount to be paid to each staff during the billing period;

4. Description of the work performed; and

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5. Total hours worked during the invoice period for each staff along with the details of hours worked including actual start and end times per day for each staff.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise fails to satisfy the terms and conditions of the Contract until such time as the

Contractor brings itself into full compliance with the Contract.

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.

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.

4.3.1 Invoice Submission Schedule

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

Invoices shall be issued on a monthly basis. The Contractor shall submit invoices on or before the 15th business day of the month following the end of the invoice period. For example, work performed January 1, 2026, through January 31, 2026, shall be billed by

February 15, 2026.

4.3.2 Travel Reimbursement

Travel will not be reimbursed under this RFP.

4.4 Liquidated Damages

4.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 – Sample Contract.

4.4.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

4.5 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the

Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

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E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for people responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business

Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

4.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

4.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful

Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request

Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX

10Form20150615.pdf.

4.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 -

Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

4.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.10 Conflict of Interest Affidavit and Disclosure

The Offeror shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Proposal.

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By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under this Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Proposal in violation of this provision shall be classified as “not responsible.”

4.11 Non-Disclosure Agreement

4.11.1 Non-Disclosure Agreement (Offeror)

A Non-Disclosure Agreement (Offeror/Offeror) is not required for this procurement.

4.11.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Proposal.

4.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Offerors should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy

Working Families Act Information: https://dllr.state.md.us/paidleave/.

4.13 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

4.14 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:

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

RFP for Governor’s Office of Crime Prevention and Policy Page 18 of 42

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

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Cyber Security / Data Breach Insurance – Five million dollars ($5,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

C. 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.

4.14.2 The State 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.

4.14.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to 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 canceled 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.

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

4.14.5 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.

4.14.6 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.

4.15 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in

RFP for Governor’s Office of Crime Prevention and Policy Page 19 of 42 the staffing requirements of Section 2.4 Experience and Personnel working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Offeror agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. To evidence compliance with this non-compete clause prohibition, each Offeror must include an affirmative statement in its technical Proposal that the

Offeror, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

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5 Proposal Submission Information and Instructions

5.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal

Conference (Conference) summary and attendance sheet, Offerors’ questions and the Procurement

Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

5.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

5.3 Pre-Proposal Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a offeror’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the

Conference to ensure that all parties understand the RFP requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the

Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

RFP for Governor’s Office of Crime Prevention and Policy Page 21 of 42

5.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this RFP, must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the

Proposal due date.

5.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for RFP amendments and posted on eMMA.

5.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

5.5 Proposal Due (Closing) Date and Time

Proposals must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.03.02.F and 21.05.02.10, Proposals received after that date will not be considered. Requests for extension of this date or time shall not be granted.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

Proposals may not be submitted by e-mail or facsimile. Proposals will not be opened publicly.

Potential Offerors not responding to this solicitation are requested to submit the “No Proposal

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

5.6 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

5.7 Public Information Act Notice

The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public

Information Act, Md. Code Ann., General Provisions Article, Title 4 (See also RFP Section 5.3.2.

Table A, Tab B “Claim of Confidentiality”). This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical

Proposal and if applicable, separately in the Financial Proposal.

Offerors are advised that, upon request for this information from a third party, the Procurement

Officer is required to make an independent determination whether the information must be disclosed.

5.8 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral

RFP for Governor’s Office of Crime Prevention and Policy Page 22 of 42 clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

5.9 Duration of Proposals

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the date any protest concerning this RFP is finally resolved. This period may be extended at the

Procurement Officer’s request only with the Offeror’s written agreement.

5.10 Revisions to the RFP

5.10.1 All revisions to the RFP before the due date for Proposals will be published in an addendum to the RFP and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It is the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

5.10.2 Offerors shall acknowledge receipt of all addenda to this RFP issued before the

Proposal due date in the Transmittal Letter accompanying the Offeror’s Technical

Proposal.

5.10.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

5.10.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

5.10.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

5.11 Cancellations

5.11.1 This RFP may be cancelled as provided in COMAR 21.06.02.02.

5.11.2 The State reserves the right to cancel this RFP, accept or reject any and all

Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

5.11.3 The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

5.11.4 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

5.11.5 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public

RFP for Governor’s Office of Crime Prevention and Policy Page 23 of 42 institution of higher education, then the RFP may be canceled in accordance with

Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

5.12 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a

Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

5.13 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

5.14 Offeror Responsibilities

5.14.1 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and 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. Offerors must be able to provide all goods and services and meet all of the requirements requested.

5.14.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or

Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this RFP (see…