REBID 26-MULTI-FS-MS-007 .pdf

Laboratory Services

Solicitation #: 26-MULTI-FS-MS-007 IFB Document

IFB for Department of Juvenile Services Page 1 of 37

STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES

(DJS)

INVITATION FOR BIDS (IFB)

LABORATORY SERVICES

IFB NUMBER 26-MULTI-FS-MS-007

ISSUE DATE: JULY 6, 2026

A Prospective Bidder 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 BIDDERS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Laboratory Services

Solicitation

Number:

26-MULTI-FS-MS-007

IFB Issue Date: July 6, 2026

IFB Issuing

Office:

Department of Juvenile Services

Procurement

Officer:

Keon Pompey

217 E. Redwood Street

Baltimore, Maryland 21201

Email:

Phone Number:

keon.pompey1@maryland.gov

410-230-3311

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM057836

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

Thursday, July 16, 2026, at 11:00 a.m.

https://meet.google.com/ibf-jqor-qpw?hs=122&authuser=0

See Section 4.3 for additional details.

See Attachment 2 to RSVP by Monday, July 13, 2026, at 2pm

Scheduled Site

Visit N/A

Questions Due

Date and Time:

Friday, July 17, 206 at 2pmLocal Time

Bid Due (Closing)

Date and Time:

Monday July 24, 2026, at 3 pm Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form).

mailto:keon.pompey1@maryland.gov https://meet.google.com/ibf-jqor-qpw?hs=122&authuser=0

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Public Bid

Opening Date, Time, and

Location

N/A

MBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of 0 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and

_____% for Woman-Owned MBEs.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE program and goals.

VSBE

Subcontracting

Goal:

N/A

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Fixed Price

Contract

Duration:

Five (5) Years From Notice to Proceed

Primary Place of

Performance:

Baltimore City Juvenile Justice Center (BCJJC)

300 N. Gay Street

Baltimore, Maryland 21202

Charles H. Hickey Jr., School (Hickey)

9700 Old Harford Road

Parkville, Maryland 21234

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Cheltenham Youth Detention Center (CYDC)

11003 Frank Tippett Road

Cheltenham, Maryland 20623

Lower Eastern Shore Children’s Center (LESCC)

405 Naylor Mill Road

Salisbury, Maryland 21801

Victor Cullen Center (VCC)

6000 Cullen Drive

Sabillasville, Maryland 21780

Western Maryland Children’s Center (WMCC)

18420 Roxbury Road

Hagerstown, Maryland 21740

SBR Designation: Yes

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing ..................................................................................... Error! Bookmark not defined.

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing ................................................... Error! Bookmark not defined.

3.3.3 Labor Hour/Time and Materials Invoicing ................... Error! Bookmark not defined.

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.1.1 The Bidder shall have two (2) years of experience within the last five (5) years providing comprehensive medical laboratory services as described in this solicitation. Required

Documentation: The Bidder shall provide with its Bid at least three (3) references via

Attachment L Reference Checks and, in addition, letters documenting its experience providing comprehensive medical laboratory services described in this solicitation.

Each reference letter should include:

1) Name of client organization;

2) The name, title, telephone number, and email address of the point of contact for the client organization;

3) The products and/or services provided, scope the contract, and geographic area supported; and

4) A narrative describing services of similar size and scope as described in this solicitation within the last five (5) years.

5) The letter should be signed and dated within the past twelve (12) months.

1.1.2 The Bidder shall provide an active electronic link to a Test Directory/Laboratory Manual that demonstrates access to comprehensive medical testing.

1.1.3 The Bidder shall demonstrate, in writing, that they can provide courier service for laboratory specimen pick-up at the facilities and in rare circumstances local phlebotomy services at a nearby laboratory office

1.1.4 The Bidder shall provide proof of current accreditation and licensure for the provision services to Maryland residents to include.

a) Clinical Laboratory Improvement Amendments (CLA) certificate;

b) College of American Pathologists (CAP) accreditation;

c) Maryland Laboratory license, with no restrictions or limitations;

d) State laboratory licensure (s) for laboratories located outside of Maryland

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 This Invitation for Bids (IFB) is to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): Medical laboratory services for young people housed at six (6) facilities owned and operated by the

Department of Juvenile Services (“Department” or “DJS”).

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 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and 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 the requirements requested in this solicitation and the successful Bidder

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

A Contract award does not ensure a Contractor will receive all or any State business under the

Contract.

2.2 Background and Purpose

The Department provides individualized care and treatment to young people who are alleged or adjudicated offenders. DJS utilizes a continuum of services and treatment for young people with an expanded community-based focus. Treatment and programs include probation, home detention and monitoring, community service, victim restitution and counseling. Young people who pose a risk to themselves or public safety may require detention or placement in residential programs.

Through its Somatic Health Division, DJS serves to protect, promote, and advance the health of all young people who are placed in its care. Young people at DJS facilities are seen for preventive, acute and chronic health care to provide medical services including laboratory testing for their current, on-going and/or previously unmet healthcare needs.

2.2.1 Project Goals

DJS is issuing this solicitation for the purpose of procuring a Contractor to provide comprehensive medical laboratory services including but not limited to:

a) Performing a full array of laboratory testing for youth housed at DJS facilities;

b) Providing timely and prompt courier service of specimens;

c) Supplying requisition slips, centrifuges, laboratory manuals, and specimen collection tubes/containers/devices;

d) Performing, on rare occasions, phlebotomy or otherwise directly collecting laboratory specimens from young people at a site in the community near the facility; and

e) Providing technical assistance and training regarding laboratory services to DJS staff

(see IFB section 2.3 Responsibilities and Tasks).

2.2.2 DJS Staff and Roles

A. Nursing Supervisor at each DJS facility

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1. The Nursing Supervisor is responsible for the day-to-day operations of the health center at each facility.

2. The Nursing Supervisor or designee may have daily contact with the Contractor to inquire about test results, ordering laboratory studies, collecting laboratory specimens, and ordering laboratory supplies.

3. The Nursing Supervisor is responsible for reviewing and approving the

Contractor’s invoices upon receipt.

B. DJS Medical Director

1. The DJS Medical Director is responsible for clinical oversight of medical care provided to DJS young people including laboratory services.

2. The DJS Medical Director will communicate with the Contractor on an as needed basis.

C. DJS Contract Monitor or designee

1. The DJS Contract Monitor or designee is responsible for monitoring the contract including invoice compliance.

2. The DJS Contract Monitor or designee will communicate with the Contactor on an as needed basis.

2.2.3 Other State Responsibilities

A. DJS is responsible for ordering laboratory supplies and requisition forms from the

Contractor, providing required information on the laboratory requisition forms, collecting specimens, requesting specimen pick-up, and providing contact information and a secure fax line for each facility to facilitate the Contractor's performance of the work.

2.3 Contractor Responsibilities and Tasks

2.3.1 General Requirements

A. The Contractor shall provide comprehensive laboratory services for the youth residing at the six (6) DJS facilities identified below:

Baltimore City Juvenile Justice Center (BCJJC)

300 North Gay Street

Baltimore, MD 21202

Cheltenham Youth Detention Center (CYDC)

11003 Frank Tippett Road

Cheltenham, MD 20623

Charles H. Hickey, Jr. School (Hickey)

9700 Old Harford Road

Parkville, MD 21234

Lower Eastern Shore Children’s Center (LESCC)

405 Naylor Mill Road

Salisbury, MD 21801

Victor Cullen Center

6000 Cullen Drive

Sabillasville, MD 21780

Western Maryland Children’s Center (WMCC)

18420 Roxbury Road

Hagerstown, MD 21740

Laboratory services at the DJS facilities include but are not limited to:

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1. Conducting an array of laboratory medical testing of specimens, e.g., blood, stool, tissue or other bodily fluid for chemical, hematologic, endocrine, immunologic, infectious disease, toxicology, and genetic testing;

2. Prompt reporting of test results within the prescribed time frame;

3. Timely pick-up of laboratory specimens from all facilities and delivery of all specimens to the laboratory under appropriate temperature and environmental conditions; and

4. Providing laboratory supplies and materials necessary to carry out the requirements of the Contract.

B. Each bidder shall submit as part of its Bid a list of the scheduled hours of operation of the main laboratory sites and all courier services that will be involved in the performance of this

Contract.

For each laboratory site and courier service listed, the Bidder shall provide the names, addresses, and contact numbers. The Contractor shall keep all information current throughout the duration of the Contract and notify the Contract Monitor or designee of any changes.

C. The Contractor shall provide the Contract Monitor with the name, phone number, and email address of the Contractor’s primary contact person responsible for the administration of the

Contract. This person must be available to DJS by email and telephone, at a minimum, during normal business hours. The Contractor must immediately notify the Contract Monitor if the primary contact person changes.

D. The Contractor shall provide laboratory services in accordance with all applicable licensure, certifications, and accreditation organizations.

1. The Contractor must meet or exceed standards required by the Joint Commission, the

Centers for Medicare and Medicaid Services via the Clinical Laboratory Improvement

Amendments (CLIA), the College of American Pathologists (CAP), and other accrediting or certifying organizations, as appropriate.

2. The Contractor must maintain current CLIA certification. If a laboratory outside the State of Maryland is performing testing covered by this Contract, then laboratory licensure from that state in addition to Maryland laboratory licensure is required.

3. Accreditation and Maryland laboratory licensure throughout the term of the Contract.

4. Similar certification, accreditation, and Maryland laboratory licensure is required for any subcontractor and/or independent laboratory used by the Contractor.

2.3.2 Laboratory Tests Offered

A. The Contractor must offer a full array of infectious disease testing to include but not limited to testing for COVID, influenza, EBV, HSV, RSV, HIV, gonorrhea, chlamydia H pylori, syphilis, tuberculosis, trichomonas, urinary tract infection, viral hepatitis, wound care/skin infections, yeast vaginitis, and stool infection (e.g., E. coli, Salmonella, Shigella, C. diff).

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B. The Contractor must offer a full array of urine toxicology testing. The bid submission shall include a list of urine toxicology panels and individual substance testing the Contractor can offer for the following substances:

Amphetamines; Barbiturates; Benzodiazepines; Buprenorphine; Cocaine Metabolite; Ethyl

Glucuronide; Fentanyl; Heroin Metabolite; Marijuana Metabolite; Methadone;

Methamphetamine; Methylenedioxymethamphetamine (MDMA); Morphine; Opiates;

Oxycodone; Phencyclidine; Synthetic Cannabinoids; Tramadol; and ability to perform confirmation testing.

2.3.3 Specimen Pick-Up and Testing

a) DJS shall have the ability to request a specimen pick-up 24/7. The Contractor shall state, in its bid, the different ways that DJS may request a specimen pick-up. At a minimum, this must include requests by telephone.

b) The Contractor shall provide same-day pick-up of laboratory specimens at each DJS facility if requested by 5 p.m., at least Monday through Saturday, excluding State recognized holidays. A list of State holidays can be found at https://sos.maryland.gov/pages/state-holidays.aspx

c) Specimens shall be delivered to the testing laboratory site in such a manner as to ensure the integrity of the specimen chain-of-custody, the viability of the specimen for the requested testing, and compliance with industry standard testing timeframes. The expectation is that the Contractor shall ensure that the specimens are delivered to the lab within 12 hours of courier pick-up.

2.3.4 Laboratory Test Results

1. The Contractor shall implement, as described in its Bid, its plan for how test results will be transmitted to DJS. At a minimum, results shall be faxed to each DJS facility and shall be available online via a password protected web-based system accessible to DJS health staff authorized by the Health Administrator. The Contractor shall provide a backup plan if results fail to transmit by fax or are not available only to the

DJS facility.

2. All laboratory specimen testing shall be performed in a timely and quality-assured manner. Results for routine laboratory tests not listed on the Bid Form, are expected within 24-72 hours, with exception for unusual or specialized tests.

3. COVID and Influenza PCR test results shall be transmitted to the DJS Facility within

48 hours of specimen receipt in the laboratory (48-hour turnaround time).

4. If and when DJS facilities begin using an electronic health record (EHR) system, the

Contractor shall construct an interface within ninety (90) days that allows for the direct transmission of all laboratory results to DJS’s EHR.

2.3.5 Critical/Panic Values

A. The Contractor shall submit with its bid a list of its recommended critical/panic test result values. Critical/panic test result values should exceed predefined criteria established by the Contractor and such values could lead to patient harm if missed and/or could require urgent intervention/treatment. The DJS Contract Monitor or designee will review and may request additional critical/panic test result values be added to the list within two weeks of the contract being awarded.

https://sos.maryland.gov/pages/state-holidays.aspx

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B. The results of all tests deemed Critical/Panic Values shall be reported via telephone

AND fax to the appropriate facility medical unit using the numbers provided for each

DJS facility. If the Contractor is unable to reach the facility medical unit, then the

Contract Monitor and/or DJS Medical Director shall be contacted.

C. Critical/Panic values shall be reported 24 hours a day as soon as known, but not later than one (1) hour after a Critical/Panic Value for a test result is known by the

Contractor.

2.3.6 Retesting (Without Cost)

A. If the original test results appear to be inconsistent with the clinical evaluation of the patient, DJS may request a retest to verify the accuracy of the original test results. If the repeat test shows that the initial test was invalid or incorrect due to Contractor error then

DJS shall not pay for the initial test that was done. In event that DJS determines that the number of retests by the Contractor is excessive compared to the standard margin of error in maintaining quality controls, according to CLIA-8, the DJS Contract Monitor or designee will immediately notify the Contractor.

B. The DJS Contract Monitor or designee will provide the Contractor all necessary documentation requested in order to justify not paying for the initial invalid or incorrect laboratory result. If such problems cannot be resolved to DJS’s satisfaction, this situation will be referred to the Procurement Officer who will determine appropriate next steps.

2.3.7 Laboratory Supplies/Materials

C. The Contractor shall provide ongoing supplies/materials necessary to carry out the

Contract requirements that, at a minimum, will include all supplies/materials proposed in its Bid. The Contractor shall, in coordination with the Nursing Supervisor(s), prevent depletion of any of its required supplies/materials throughout the Contract term. All supplies/materials shall meet current OSHA requirements. These supplies/materials include, but are not limited to, urine specimen containers, blood collection tubes with hemo-gard tops (plastic tubes when available), serum separator tubes, vacutainer tubes, liquid pap smear vials with cervical spatulas and brushes, specimen collection kits for viral and bacterial testing by culture or PCR, stool containers, butterfly needles, glucola

(glucose beverage), specimen baggies, and miscellaneous supplies.

D. The Contractor shall ensure that supplies ordered by each DJS facility are delivered in a timely fashion (within two business days of the order) and that there is an ability to order these supplies via telephone, fax and online.

2.3.8 Laboratory Equipment

A. The Contractor shall provide to each DJS facility a centrifuge to be kept on-site for use by DJS medical staff.

B. The Contractor shall provide an instruction manual or training to DJS medical staff for the use of centrifuge and other installed equipment.

C. The Contractor shall maintain all centrifuges and any other provided specimen preparation equipment in working order, provide routine preventative maintenance, and ensure that copies of all preventive maintenance reports are provided to the Contract

Monitor or designee.

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1. For the centrifuges and any other equipment to be installed as of the beginning of the Contract, the Contractor shall inspect and test the equipment prior to placement at a DJS facility before the start of the Contract.

2. The Contractor shall inspect and test the centrifuge, and all provided equipment at least annually and provide a copy of the results of the inspection to the Contract

Monitor or designee within five (5) days of the inspection/testing.

3. The Contractor shall replace any nonfunctioning or malfunctioning equipment within two (2) business days of becoming aware of the nonfunctioning or malfunctioning equipment, either through inspection/testing or notification by the

DJS facility and/or Contract Monitor.

4. All Contractor-provided equipment will be returned at the conclusion of the

Contract unless the Contract is extended or re-awarded to the same vendor.

2.3.9 Laboratory Testing Forms

A. The Contractor shall provide hard copy requisition forms (in duplicate), customized for

DJS and approved by the Contract Monitor or designee, within six (6) weeks of contract award. The Contractor shall also provide an electronic option for ordering tests. The

Contract Monitor and DJS Medical Director will assist the Contractor as needed in finalizing the lab requisition form. Until such time that the DJS-specific laboratory requisition form is in place, the Contractor must provide a generic or draft laboratory requisition form at the start of the contract. The laboratory test requisition form shall include, at a minimum, the following pertinent patient and specimen information:

1. Patient’s full name (Last, First);

2. Date of birth;

3. Sex;

4. Collection date and time;

5. Fasting or non-fasting;

6. Ordering Physicians Name and NPI number;

7. Test(s) ordered (including test name and code);

8. ICD code (if insurance is being billed);

9. Billing/insurance information;

10. Client facility information; and

11. Facility name, address, phone number and account number.

B. The Contractor shall inform the Contractor or designee if a test listed on the DJS-specific laboratory requisition form changes during the duration of the Contract.

In this case, the DJS-specific laboratory requisition form shall be modified to reflect the changes.

C. The Contractor shall supply printed Laboratory Requisition Forms within seven

(7) days of each request.

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D. The Contactor shall be able to create DJS specific laboratory panels such as a prenatal panel or urine toxicology panel if a sufficient panel does not already exist.

2.3.10 Laboratory Manual/Test Directory

A. The Bidders shall provide, as part of their Bid, a link to their complete, current

Laboratory Manual/Test Directory (“Manual”).

B. In addition to the electronic Laboratory Manual/Test Directory, the successful bidder shall provide, if available, a written Manual to each facility, the DJS

Contract Monitor and the DJS Medical Director by the start of the Contract.

C. The Manual shall be kept current. The Contractor shall provide ongoing updates to the Manual as warranted by changes in the procedures for specimen collection and/or the availability of test.

D. The Manual must offer a comprehensive menu of laboratory testing appropriate for children, adolescents and young adults.

2.3.10 Training

A. The Contractor shall provide a one-time, no more than two-hour initial virtual training to familiarize staff with the Contractor’s standards, procedures and operations (including phlebotomy, specimen collection, and handling and storage of laboratory specimens and other topics as appropriate) at an agreed-upon date and time within the first thirty (30) days of the start of the Contract.

B. After the initial training, the Contractor shall provide additional in-service training if requested by DJS each contract year. The training shall include phlebotomy, specimen collection, handling and storage of laboratory specimens and other topics as appropriate. Annual training shall not exceed sixteen (16) hours.

C. The Contractor shall notify the Contract Monitor or designee of any significant changes in laboratory procedures, supplies, and equipment and provide ongoing training and in-service as appropriate.

2.3.11 Technical Assistance and Support

A. The Contractor shall be available to DJS facility medical and nursing staff 24 hours per day, seven days per week (by telephone and if available, on-line) for consultation pertaining to technical support, laboratory testing, and results as needed.

B. The Contractor shall be available if needed for consultation during inspection of

DJS facilities to provide needed assistance concerning the performance of testing and reporting of laboratory values.

C. The Contractor shall be available by telephone and email for administrative, operational, clinical, and technical support, as needed.

2.3.12 Meetings

A. The Contractor shall designate an account representative who shall meet with the

Contract Monitor or designee on a quarterly basis to discuss the ongoing provision and performance of services provided under the Contract.

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B. Meetings will be scheduled by the Contract Monitor or designee at a date and time mutually agreeable by both parties. In the event that either party cannot attend a scheduled meeting, the meeting will be rescheduled for another date/time, within the following thirty (30) days.

C. Meeting minutes of said quarterly meetings will be recorded by the Contract

Monitor or designee (either manually or by using the meeting minutes feature in

Google Meets). Copies of the minutes will be distributed to the Contractor and appropriate DJS staff. The Contractor will have seven (7) calendar days to respond to the minutes.

2.3.13 Quality Assurance and Performance Review

A. The Contract Monitor or designee will carry out quality assurance measures to determine the degree of Contractor compliance with Contract requirements.

B. Examples of unacceptable performance include but are not limited to:

1. Recurring errors in test results;

2. Untimely, inaccurate or incomplete reporting of test results;

3. Inconsistent or untimely pick-up of test specimens;

4. Failure to report critical/panic values;

5. Uncorrected equipment failure;

6. Failure to provide laboratory supplies and materials in a timely manner; and

7. Incorrect billing for specimen testing.

2.3.14 Corrective Action Plans

DJS may request a written Corrective Action Plan (CAP) to address Contractor performance issues. If requested, the Contractor shall submit the CAP describing all actions it will take to correct any problems identified and to prevent future occurrences.

This CAP must be submitted to the Contract Monitor or designee for approval within ten (10) days of the Contract Monitor or designee’s request.

A. The Contractor shall include the following in each CAP requested:

1. Background information;

2. Description of the problem;

3. Findings and root cause(s);

4. Corrective actions; and

5. Correction action implementation dates.

B. If the Contract Monitor or designee is not satisfied that the Contractor’s proposed

CAP will prevent a recurrence of the deficiencies, the Contract Monitor or designee will notify the Contractor and require a revised CAP. The revised CAP must be submitted to the Contract Monitor or designee within three (3) business days of the Contract Monitor or designee’s rejection of the previous CAP.

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2.3.15 Life-threatening/Severe Performance Issues

A. If an incident related to performance is life-threatening or has the potential to cause severe harm, the Contractor shall submit a CAP, as directed by the Contract Monitor or designee, on a priority basis (within one (1) business day) to ensure that the threat to life or severe harm is alleviated within the shortest time period possible. If the Contract

Monitor or designee is not satisfied with the CAP, a revised CAP will be required and a revised plan will be due within one business day.

B. Ongoing performance issues may be considered life-threatening/severe and be grounds for termination of the Contract. Examples of such performance issues may include but are not limited to:

1. Continued failure to respond satisfactorily to the Contract Monitor or designee’s concerns within the timeframes outlined in this section;

2. More than one (1) incident of unacceptable performance that is life-threatening or with the potential to cause severe harm; or

3. More than a total of three (3) significant incidents involving unacceptable performance during a twelve (12) month period.

2.3.16 Pricing

A. The Bid Page may not contain every laboratory test (qualitative or quantitative) that DJS may need. The Contractor should be prepared to expect DJS to order other laboratory tests not be listed on the Bid Page.

B. DJS may not be charged more than the Maryland Medicaid rate for any laboratory test performed whether listed on the Bid Page or not. Information on the Maryland Medicaid Medical Laboratory Fee Schedule can be obtained at http://mmcp.health.maryland.gov/pages/provider-information.aspx

C. The amount charged for any laboratory test ordered that is not listed on the Bid

Form shall not exceed the Maryland Medicaid rate for that test during each contract year.

D. For every test listed on the Bid Page, the Contractor shall provide a firm fixed price. This price shall not change for the duration of the Contract unless the

Maryland Medicaid rate for a specific test drops below the price listed on the Bid

Page, in which case DJS should be charged the lower Maryland Medicaid rate.

E. If the Maryland Medicaid rate drops below the price on the Bid Page, then the

Contractor is responsible for notifying DJS within two weeks of the time that that change goes into effect.

F. If the Maryland Medicaid rate increases for a specific test during the duration of the Contract, the Contractor may submit to the Procurement Officer and Contract

Monitor a written request to increase the price for that specific test to keep the price at a similar percentile to how the test was previously priced in relation to the Maryland Medicaid rate. The Procurement Officer will research and determine if the request can be granted.

http://mmcp.health.maryland.gov/pages/provider-information.aspx

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2.3.17 Billing Health Insurance

A. In the rare occurrence that a DJS patient has billable health insurance, DJS shall provide the health insurance information. The Contractor shall then attempt to bill the patient’s health insurance. DJS will pay co-pays, when necessary, per the patient’s health insurance plan.

B. In the event that a DJS patient’s health insurance is billed but will not pay the claim:

1. The Contractor shall provide documentation showing the insurance company’s denial of the claim.

2. DJS may contact the insurance carrier to ascertain the reason for denial and to determine what additional information is needed to process the claim.

3. DJS will coordinate with the Contractor to provide additional information to the health insurance company.

4. If, after receiving additional information, the insurance carrier still will not pay the claim, the Contractor may bill DJS. DJS will then pay for the laboratory testing per the terms of this Contract.

2.3.18 Reporting

A. The Contractor shall submit a quarterly report detailing performance measures to the DJS Contract Monitor. This report is due within fifteen (15) days of the close of each quarter of the Contract. The deliverables for the quarterly report shall be as follows:

1. Facility specific data on specimen rejections including type of test rejected, number of specimens rejected, and reason for rejection.

2. Number of missed specimen pick-ups that were scheduled or requested and were not cancelled by DJS.

B. The Contractor shall submit to the Contract Monitor a monthly report, within fifteen (15) days after the end of the preceding month, that contains both individualized reports per facility and a summary report for all facilities that includes the following information:

1. A list of positive infectious disease results, filtered by facility and patient name, for the following lab tests:

a) HIV;

b) Hepatitis;

c) RPR/Syphilis;

d) COVID;

e) Influenza; and

f) Quantiferon Gold.

2. The number, type and total cost of each test performed;

IFB for Department of Juvenile Services Page 19 of 37

3. The number of critical high and/or low laboratory results

2. Within fifteen (15) days before or after the anniversary of the Go-Live date, the Contractor shall provide the Contractor Monitor or designee with an annual report that contains both an individualized report per facility as well as a summary report for all facilities that includes the following information:

1. The number, type and total cost of each test performed;

2. The number of critical high and/or low laboratory results;

3. Hours of training provided if any by the Contractor to DJS staff.

3. DJS may request additional reports for DJS-specific laboratory testing information to support the research activities of DJS.

2.4 Supplemental Category of Work Requirements and Responsibilities

See the attached Professional Services Supplemental associated with this solicitation.

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3 Standard Terms and Conditions

3.1 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.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the

Contract Monitor, Catherine Denver, at catherine.denver1@maryland.gov or designee, and to the appropriate Accounts Payable office at the following e-mail addresses:

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

Regions Facilities Email Addresses

City Region Baltimore City Juvenile Justice

Center (BCJJC) djs.cityap@maryland.gov

Central Region Charles H. Hickey, Jr. School

(Hickey) djs.centralap@maryland.gov

Capital South

Region

Cheltenham Youth Detention Center

(CYDC)

djs.capsouthap@maryland.gov

Eastern Shore

Region

Lower Eastern Shore Children’s

Center (LESCC) djs.eastap@maryland.gov

Western Region

Victor Cullen Center (VCC) djs.westap@maryland.gov

Western Region Western Maryland Children’s

Center (WMCC) djs.westap@maryland.gov mailto:catherine.denver1@maryland.gov mailto:djs.cityap@maryland.gov mailto:djs.centralap@maryland.gov mailto:djs.capsouthap@maryland.gov mailto:djs.eastap@maryland.gov mailto:djs.westap@maryland.gov mailto:djs.westap@maryland.gov

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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. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

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

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

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 breaches 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.

3.3.1 Invoice Submission Schedule

For items of work for which there is annual pricing (see Attachment B–The

Price Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

3.4.2 Liquidated Damages other than MBE

IFB for Department of Juvenile Services Page 22 of 37

This section is inapplicable to this IFB.

3.4.3 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;

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 persons 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.

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.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, 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 Bidder 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/GA

DX10Form20150615.pdf.

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3.7 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.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

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

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 the 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: Bidders 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 Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of

Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 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

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3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders 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/.

3.12 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, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 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:

3.13.1 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. 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.

C. 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. 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.

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

IFB for Department of Juvenile Services Page 25 of 37 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.

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

3.13.3 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)…