RCI Satellite IFB-2020_TLT.REVISED_FINAL.pdf

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL

SERVICES (DPSCS)

INVITATION FOR BIDS (IFB)

ROXBURY CORRECTIONAL INSTITUTION SATELLITE

SERVICES

IFB NUMBER BPM016786

ISSUE DATE: 11/14/19

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace

Advantage (eMMA) https://emma.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

RCI SATELLITE SERVICES

Solicitation #: BPM016786 IFB Document

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NO BID NOTICE/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: RCI Satellite Services

Solicitation No: BPM016786

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 Bid is insufficient

Start-up time is insufficient

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

Bid 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: ________________________________________________________________

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL

SERVICES (DPSCS)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services, RCI Satellite Services

Solicitation Number: BPM016786

IFB Issue Date: 11/14/19

IFB Issuing Office: DPSCS - Roxbury Correctional Institution

Procurement Officer: Tracee Trovinger

18701 Roxbury Road, Hagerstown MD 21746

E-Mail:

Office Phone:

tracee.trovinger@maryland.gov

240-420-3326

Bids are to be sent to: https://emma.maryland.gov

Pre-Bid Conference: Monday, 12/9/19 at 10:00 a.m.

See Attachment A for directions and instructions.

Questions Due Date and Time Thursday, 12/11/19 by 3:00 p.m.

Bid Due (Closing) Date and

Time:

Wednesday, 12/20/19 at 11:00 a.m.

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

MBE Subcontracting Goal: 0% with no sub-goals.

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Five (5) year base period with no options

Primary Place of

Performance:

Roxbury Correctional Institution

18701 Roxbury Rd, Hagerstown, MD 21746

SBR Designation: No

Federal Funding: No mailto:tracee.trovinger@maryland.gov

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Minority Business Enterprise (MBE) Reports

3.10 Veteran Small Business Enterprise (VSBE) Reports

3.11 Work Orders

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

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4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 Living Wage Requirements

4.28 Federal Funding Acknowledgement

4.29 Non-Disclosure Agreement

4.30 HIPAA - Business Associate Agreement

4.31 Nonvisual Access

4.32 Mercury and Products That Contain Mercury

4.33 Location of the Performance of Services Disclosure

4.34 Department of Human Services (DHS) Hiring Agreement

4.35 Small Business Reserve (SBR) Procurement

4.36 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Bid Price Form

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

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Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/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

Attachment I. Non-Disclosure Agreement

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

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Requested Channels

Appendix 3. – Liquidated Damages

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Bidder must document in its Bid that it satisfies the following minimum qualifications:

1.1.1 The Bidder shall have three years of experience installing and providing service of either Cable or

Satellite Television distribution with head end equipment.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references from the past five (5) years able to attest to the Bidder’s experience in providing this service.

1.1.2 The Bidder must possess all required licenses and certifications to provide satellite television service and installation.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of all required certifications and licenses.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department Of Public Safety and Correctional Services (DPSCS or the "Agency") is issuing this Invitation for Bids (IFB) to obtain a Contractor to provide satellite programming for approximately 1,760 inmates at the Roxbury Correctional Institution, a medium-security prison located in Hagerstown, Maryland. The Contract shall be a firm, fixed-price contract as defined in

COMAR 21.06.03.02(A)(1) for a five year period with no renewal options, and is anticipated to begin 3/1/2020, or sooner based on award date.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Agency intends to make a single award for the work under this IFB. See IFB Section 4.9

Award Basis for more Contract award information.

2.1.4 A Bidder, 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 Bidder

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

The purpose of the contract is to provide satellite television service at Department of Public Safety and

Correctional Services, Roxbury Correctional Institution (RCI). RCI is located at 18701 Roxbury Road, Hagerstown, Maryland. Built in 1984, it is campus style, medium security facility currently housing approximately 1,760 adult male offenders.

The facility consists of five (5) housing units with a TV in each cell. Housing Units 1-4 are 192 cell units each, while Housing Unit 5 is a 48 cell unit, for a total of 816 TVs. Television services to all housing units are received at the headend equipment rack located in the administration penthouse. The facility is cabled and ready to receive satellite signal to all cells in each housing unit. There is no other housing unit attached to this facility.

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Our current facilities have been pre-wired with an in-house cable distribution system, and are ready to be connected to the new head end equipment as requested in this Contract. This new head end equipment

(receivers) will provide receiving for multiple signals (as described below in more detail) and retransmit those signals to its specific receiver on the in-house cable distribution system.

2.3 Responsibilities and Tasks

2.3.1 At the direction of the Department of Public Safety and Correctional Services, Roxbury

Correctional Institution (RCI), the Contractor shall provide satellite television services including, but not limited to, the following requirements.

2.3.2 The Contractor shall provide, install, and maintain all new updated head end equipment, primary cable transmission lines, and/or satellite dish(es) that are connected to the head end equipment at the location indicated above. Other required equipment may include, but is not limited to necessary racks, cables, connectors, an Uninterruptable Power Supply (UPS) to support the head end equipment, and a television for monitoring/service issues . The new updated equipment provided by the Contractor shall be capable of supplying the channels as listed in Appendix 2 for the full term of the Contract.

All equipment must be the latest technology.

All equipment and services shall be in compliance with all applicable FCC rules and regulations.

All equipment installed by the Contractor shall be completely new. Equipment offered that is used, refurbished, factory rebuilt or newly remanufactured will not be considered.

If at any time during the term of the contract replacement equipment is needed, it must be equal or of greater technology and offer the same or greater functionality than the equipment being replaced.

The Contractor shall provide all labor, tools, materials, insurance and incidentals necessary to install all required equipment.

2.3.3 The Contractor shall implement and start services within 30 days of notice to proceed

2.3.4 The Contractor shall provide satellite programming and reception at RCI. The service shall include local station broadcasting as well as additional selected individual or packaged programming. A complete list of requested channels can be found in Appendix 2.

2.3.5 The Contractor shall provide analog signal, with clear cut picture services, to the inmate population at RCI to include all cells as well as common areas such as administrative offices, custody offices, operations, control centers, and others determined by the agency. Service shall be continuous and uninterrupted 24 hours per day, 7 days per week.

A disruption to service will exist when one or more regularly received channels cannot be reasonably viewed due to failure of the Contractor’s equipment.

All issues and/or problems with the Contractor’s provided service and/or equipment shall be resolved by the Contractor within 48 hours of the initial service call.

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2.3.6 The Contractor shall provide maintenance service on all equipment and associated parts and devices related to the system. Cabling which leads from the head-end equipment to the institution shall be excluded from the contract and will be bid out separately.

2.3.7 The Contractor shall be responsible for all repairs, replacement parts, equipment, and labor.

2.3.8 The Contractor shall respond to all service requests with an acknowledgement to the request within four (4) hours of service call and provide services within 24 hours from the time the request was placed.

All issues and/or problems with the Contractor’s provided service and/or equipment shall be resolved by the Contractor within 48 hours of the initial service call.

2.3.9 The Contractor is responsible for all trenching, cable burial and the connection of cables to building. Cabling which leads from the head end equipment to the institution shall be excluded from this contract and will be bid out separately.

2.3.10 The Contractor shall be required to get a signal to the head-end rack located in the administration penthouse.

2.3.11 During the Contract, at no extra cost, the Contractor shall make any necessary adjustments or changes to equipment to ensure that the institution is updated with any of the listed broadcast channels

2.3.12 The Contractor shall not disturb institutional use of channel three or other auxiliary channels (two and four - local antenna) which allow RCI to provide internal broadcasts, stream applications such as Netflix, play digital versatile discs or blu-ray discs, and display text and bulletin board style information to the inmate population at RCI.

2.3.13 The Contractor shall provide satellite programming and reception at RCI that will consist of local station broadcasting as well as additional select programming. Local channels shall consist of

ABC, CBS, NBC, FOX and PBS from local station broadcasting within the Washington and

Baltimore areas. A complete list of required channels can be found in Appendix 2.

2.3.14 In the event the Contractor loses one of the original channels for any reason (e.g. due to a contract dispute between Contractor and channel station), the Contractor shall replace the channel with another channel selected by the Department at no additional cost. At the time channel replacement is needed, Contractor shall provide a “top ten” list of channels not currently provided to the Department, that the Contractor provides to other male populated correctional facilities from which the Department may select a replacement channel.

The Contractor shall replace the unavailable channel with the new channel within 24 hours of the original channel no longer being available.

2.3.15 In addition to the local channels listed above in section 2.3.15, the channel list we are requiring can be found in Appendix 2.

2.3.16 The Contractor shall coordinate with the RCI as to the recommended location(s) of any satellite dish(es) necessary to meet the requirements of this Contract.

2.3.17 The Contractor shall provide any and all tools and materials necessary to construct and erect the satellite dish(es) necessary to meet the requirements of this Contract.

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2.3.18 The Contractor shall patch, seal, repair and replace any damage to existing structures and/or equipment due to the installation process of this equipment.

2.3.19 All trash, packing materials, and unused equipment and materials shall be properly disposed of by the Contractor whenever any type of work is performed by the Contractor at RCI throughout the term of this contract.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.1.1 Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, 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.

Under no circumstance shall there be an interruption of service for more than one (1) hour for the transition between the Contractor and outgoing contractor. Advanced notice must be given.

3.2 End of Contract Transition

3.2.1 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 60 days prior to

Contract end date, or the termination thereof. Upon award of the Contract, the Contractor shall work with the Department and any other provider designated by the Department to ensure an orderly transition of services under the contract and to ensure uninterrupted service.

3.2.2 Upon expiration, termination, or cancellation of the Contract, the Contractor shall assist the

Department and any other provider designated by the Department to ensure an orderly transition of services and responsibilities under the Contract and to ensure uninterrupted service.

3.3 Invoicing

3.3.1 General

a) The Contractor shall send the original of each invoice and signed authorization to invoice to

Accounts Payable at e-mail address: dlrci-accountspayable_dpscs@maryland.gov.

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

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) 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;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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The Agency reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Agency 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.

Any action on the part of the Agency, 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.

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.

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices no later than the 10th of each month following the month in which services were performed.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

It is critical to the success of the Department’s programs that Satellite Services be maintained in accordance with the agreed upon schedules. It is also critical to the

IFB for Department Of Public Safety and Correctional Services Page 8 of 59 success of the Department’s programs that the Contractor operates in a reliable manner.

It would be impractical and extremely difficult to assess the actual damage sustained by the Department in the event of delays or failures in service to the Department facilities served by this Contract. The Department and the Contractor, therefore, presume that in the event of any such failure to perform to certain standards, the amount of damages which will be sustained will be the amounts set forth in Appendix 3, Liquidated

Damages, and the Contractor agrees that in the event of any such failure of performance, the Contractor shall pay such amount as liquidated damages and not as a penalty.

For amounts due the Department as liquidated damages, the Department, at its option, may deduct such from any money payable to the Contractor or may bill the Contractor as a separate item.

The Department will not assess or invoke liquidated damages for any occasion of

Contract non-performance otherwise subject to liquidated damages if such non-performance is determined by the Department Contract Manager to have resulted from circumstances beyond the control of the Contractor.

In order for a determination to be made of whether the provision of § 3.4.2.3 applies, in accordance with § 3.4.2.5.1, the Contractor may provide an explanation for any occasion of Contract non-performance otherwise subject to liquidated damages of why it believes the non-performance was attributable to circumstances beyond its control.

Monthly the Department shall conduct various audits pertaining to the Contractor’s level of compliance with Contract requirements. The Department shall assess liquidated damages for the applicable non-compliance audit findings after post audit due diligence.

If the Contractor disputes the validity of a liquidated damage assessment recommendation, including that a liquidated damage should not be assessed based upon circumstances beyond its control as described in § 3.4.2.3, or disputes the amount of a given liquidated damage assessment, the liquidated damage will not be assessed unless and until the Department Contract Manager makes a determination as described in §

3.4.2.5.2 that the imposition of the liquidated damage and the amount of the damage is proper.

To enable the Department Contract Manager to render a timely decision regarding any dispute of an occasion when a liquidated damage is assessed, at the time the Contractor disputes the liquidated damage assessment it shall provide a full explanation why it does not believe the liquidated damage should be assessed, or assessed for the amount indicated. If the Department Contract Manager does not believe the submitted justification or substantiation thereof is sufficient, or if the Contractor fails to provide the required justification for its dispute, The Department Contract Manager may request additional justification and/or documentation, and/or may give a finite deadline for the submission of such justification and/or documentation.

If the requested justification and/or documentation is not submitted within the required timeframe, the Department Contract Manager will render a determination based upon whatever information has been provided to that point in time.

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Any time a liquidated damage assessment is disputed by the Contractor, the Department

Contract Manager will render a written (typically email) final decision concerning the imposition of the liquidated damage. The final decision can:

1. Uphold the liquidated damage assessment;

2. Rescind the liquidated damage assessment, in full or in part, or,

3. Determine that a given liquidated damages assessment is merited, but that the amount of assessment should be different than originally computed.

3.5 Insurance Requirements

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

3.5.1 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) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and minimum single loss retention not to exceed

$10,000. The State of Maryland and the Agency should be added as a “loss payee.”

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.

d) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile 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.

3.5.2 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.

3.5.3 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.

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

3.5.5 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

IFB for Department Of Public Safety and Correctional Services Page 10 of 59 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.

3.5.6 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.

3.6 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 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.

3.6.2 Security Clearance / Criminal Background Check

The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The Agency will obtain a criminal background check for each individual using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

3.6.3 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.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the

Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon

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b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Agency may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Agency.

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 control 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.

3.6.4 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.

(b) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the

State to connect Contractor-owned equipment to a State LAN/WAN.

The Contractor shall:

1) 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);

2) 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

3) 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. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

3.7 Problem Escalation Procedure

3.7.1 The Contractor must provide and 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.

3.7.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.7.3 The Contractor shall provide the PEP 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 PEP, http://www.doit.maryland.gov/

IFB for Department Of Public Safety and Correctional Services Page 12 of 59 including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the

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

c) 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;

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

f) Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

3.7.4 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.

3.8 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.9 Minority Business Enterprise (MBE) Reports

This Contract does not contain an MBE goal.

3.10 Veteran Small Business Enterprise (VSBE) Reports

This Contract does not contain a VSBE goal.

3.11 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

IFB for Department Of Public Safety and Correctional Services Page 13 of 59

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet and Attachment A.

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

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

Conference/Site Visit to ensure that all parties understand the requirements of the contract and the

MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.6 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. 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. The Agency will make a reasonable effort to provide such special accommodation.

4.1.8 Seating at the Conference will be limited to two (2) attendees per vendor.

4.1.9 A site visit has been pre-scheduled for Monday, December 9, 2019, immediately following the

Pre-Bid Conference, at RCI, 18701 Roxbury Road, Hagerstown, MD 21746. All prospective

Bidders are encouraged to attend in order to facilitate better preparation of their Bids.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to https://emma.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (BPM016786 - RCI Satellite

Services), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date no later than the date and time specified the Key Information https://emma.maryland.gov/

IFB for Department Of Public Safety and Correctional Services Page 14 of 59

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

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

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

4.4 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR

21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be submitted electronically on eMMA no later than the Bid due date and time indicated on the Key Information Summary

Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 Bids may be modified or withdrawn through eMMA before the time and date set forth in the Key

Information Summary Sheet for receipt of Bids.

4.5.5 Bids will be opened publicly through eMMA on the date and time indicated on the Key

Information Summary Sheet.

4.5.6 Potential Bidders not responding to this solicitation are requested to submit the “No Bid

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

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly, at the time, date and place designated in the IFB Key

Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of bid opening.

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 The Bidder should give specific attention to the clear identification of those portions of its Bid 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

IFB for Department Of Public Safety and Correctional Services Page 15 of 59 the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

4.8.2 The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.8.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the

Attorney General.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR

21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

See IFB Section 6 for Bid evaluation and award information.

4.9.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Agency shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.12.2 Bidders shall acknowledge the receipt of all addenda to this IFB issued before the Bid due date.

4.12.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

IFB for Department Of Public Safety and Correctional Services Page 16 of 59

4.13 Cancellations

4.13.1 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.13.2 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).

4.13.3 If the services that are the subject of the IFB 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 institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

4.14 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.15 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).

4.16 Bidder Responsibilities

4.16.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this

IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

4.16.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M.