Revised_-_Final_-_RFP_-_RESEA_Consulting_Soliciatation.pdf

Maryland’s Reemployment Services and Eligibility Assessment (RESEA)

Solicitation #:LABOR-FY2025-023

RFP Document

RFP for Department of Labor Page 1 of 46

STATE OF MARYLAND

DEPARTMENT OF LABOR (MD LABOR)

REQUEST FOR PROPOSALS (RFP)

REEMPLOYMENT SERVICES AND ELIGIBILITY

ASSESSMENT (RESEA) PROGRAM

RFP NUMBER LABOR-FY2025-023

EMMA # BPM050983

ISSUE DATE: APRIL 29, 2025

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

RFP for Department of Labor Page 2 of 46

STATE OF MARYLAND

DEPARTMENT OF LABOR

(MD LABOR)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Maryland’s Reemployment Services and Eligibility Assessment

(RESEA) Program

Solicitation Number: LABOR-FY2025-023

RFP Issue Date: April 29, 2025

RFP Issuing Office: Maryland Department of Labor (MD LABOR)

Procurement Officer: Raelene Glasgow

100 S. Charles Street

Baltimore, MD 21201

Email:

Phone Number:

raelene.glasgow3@maryland.gov

410-767-7050

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number LABOR-

FY2025-023

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

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

No Bid/Proposal Notice

Feedback Form

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

Attachment 1 with your reasons why.

Pre-Proposal

Conference:

May 16, 2025 at 1:00 p.m. EST via Google Meet

For virtual meetings: RESEA Pre-Proposal Meeting

Friday, May 16 · 1:00 – 2:00pm

Google Meet joining info

Video call link: https://meet.google.com/cfe-qqus-cwo

Or dial: 2326-370-(US) +1 413 PIN: 626 912 575#

More phone numbers: https://tel.meet/cfe-qqus-cwo?pin=7501950587411

See Section 4.3 for additional details.

See Attachment 2 to RSVP by TBD to Attend mailto:Dapheny.mccray5@maryland.gov

RFP for Department of Labor Page 3 of 46

Scheduled Site Visit N/A

Questions Due Date and

Time:

May 23, 2025 at 1:00 p.m. EST via eMMA.

Proposal Due (Closing)

Date and Time:

June 5, 2025 at 1:00 p.m. EST via eMMA.

Proposals will not be accepted via email

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

Notice/Vendor Feedback Form).

MBE Goal: An overall Minority Business Enterprise (MBE) subcontract participation goal of 20 % of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

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:

This solicitation includes a VSBE participation Goal of 0%

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

Proposals method under COMAR 21.05.03.

Multiple or Alternate

Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Fixed Price

Contract Duration: Three (3) Year Base period with Two (2) One-Year option periods.

Primary Place of

Performance:

Remote

SBR Designation: No

Federal Funding: Yes

RFP for Department of Labor Page 4 of 46

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

2.5 Substitution of Personnel

2.6 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

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Submission Information and Instructions

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

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

(Table B)

7 RFP Appendices and Exhibits

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7.1 Appendices (Table C)

7.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALL” Y LEFT BLANK.

RFP for Department of Labor Page 8 of 46

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the goods or services, as specified in this

Section 2, from a contract between the selected offeror(s) and the State of Maryland (“State”). The

Maryland Department of Labor’s Division of Unemployment Insurance (DUI), through its

Procurement Unit (Procurement) is requesting proposals for the design and implementation of an impact and process evaluation of Maryland’s Reemployment Services and Eligibility Assessment

(RESEA) program.

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

This is a single award. See RFP Section 6.5 Selection Procedures for more Contract award information.

The purpose of this solicitation is to procure a Contractor to design and evaluate the implementation of an impact and process evaluation of Maryland’s Reemployment Services and Eligibility

Assessment (RESEA) program statewide. State RESEA programs are required to provide evidence-based services, and the evaluation conducted under this contract will provide evidence of that impact.

Specifically, the evaluation will be designed to provide evidence of a causal relationship between program activities and outcomes, consistent with evaluation measures defined in

Unemployment Insurance Program Letter (UIPL) No. 01-20 which provides states with guidance and expectations regarding the Implementation of the RESEA evaluation and evidence requirements. The evaluation measures of the program include higher reemployment rates and median earnings in the second full calendar quarter following the start of a participant’s unemployment first day of claim.

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

Contract.

2.2 Background and Purpose

The Maryland Department of Labor RESEA program is available in all 13 local workforce areas. The program assists individuals receiving unemployment benefits to return to work and reduces the time an individual receives unemployment benefits by providing reemployment services. Maryland

Department of Labor (MD Labor) identifies claimants that are unlikely to return to work timely based on a variety of factors such as education, tenure at last job, wages, plant closing, occupation, number of employees, place of residence, and unemployment compensation for ex-service members (UCX).

The claimants that are determined to have the highest profiling score will be scheduled for an individual RESEA appointment with a RESEA Staff Representative and are required to participate in the program. If the claimant does not participate in the program or services, their unemployment benefits could be delayed or denied.

RESEA is a federal program that has four purposes:

https://www.dol.gov/agencies/eta/advisories/unemployment-insurance-program-letter-no-01-20

RFP for Department of Labor Page 9 of 46

1. Reduce Maryland Division of Unemployment Insurance (MDUI) duration through improved employment outcomes.

2. Strengthen MDUI program integrity.

3. Promote alignment with the vision of the Workforce Innovation and Opportunity Act (WIOA).

4. Establish RESEA as an entry point to other workforce system partners.

The United States Department of Labor has required each state that participates in the RESEA program to conduct an impact evaluation. Specifically, the evaluation must be designed to provide evidence of a causal relationship between program interventions and two key outcomes: the number of weeks a participant stays on unemployment insurance (UI), and employment two quarters after the start of RESEA services. This statement of work describes the design for an external impact evaluation of the RESEA program to assess the effect of the entire RESEA program on RESEA claimants. The RESEA program consists of a menu of service components designed to help MDUI claimants identify and overcome potential employment barriers and quickly return to work. The

MDUI may delay or deny benefits for claimants who fail to complete all prescribed RESEA program components.

Per UIPL 8-18, the following core components must be included in the initial RESEA workshop:

1. Provide information and access to American Job Center (AJC) services. This includes the provision of referrals to at least two reemployment services to be completed within 45 calendar days, and/or training as appropriate, to support the RESEA participant’s return to work. All RESEA program services must be provided either virtually or in-person. However, the location at which these services are provided can be within the AJC or at another location.

2. Provide customized labor market and career information.

3. Conduct a UI eligibility assessment. The eligibility assessment includes a staff review of reemployment activities and referral to adjudication, as appropriate, if an issue or potential issue is identified.

4. Provide one-on-one support. Staff must work with the RESEA participant to ensure they enter a resume into the Maryland Workforce Exchange (MWE) and develop and implement an Individual

Reemployment Plan (IRP).

5. Enroll participants in Wagner-Peyser Act funded Employment Services. Enrollment in Wagner-

Peyser Employment Services must be accomplished by staff as part of the one-on-one service component.

6. Participants of the Initial RESEA session who are still unemployed by the 10th week are required to attend a subsequent RESEA session.

The evaluator is expected to do the following:

a. Use a randomized control trial design. The evaluator is expected to randomize treatment with RESEA services to UI participants who meet existing eligibility requirements and not adjust eligibility requirements,

b. Describe evaluation design plan with timelines.

RFP for Department of Labor Page 10 of 46

c. Describe strategies regarding how the evaluation data will be collected and analyzed. See

Section 2.10 -Deliverable 3.1

d. Provide evaluation progress reports every quarter. See Section 2.10 – Deliverable 5

e. Contract shall provide three published (CLEAR) (evaluation reports that have resulted in moderate or high causal ratings you have successfully completed, including an explanation of the project size, scope, and complexity. See Section 2.10 – Deliverable 1

f. Contractor shall respond to questions from MD Labor within 3 business days.

g. Contractor shall meet on a bi-weekly basis as needed with the RESEA team to discuss evaluation methodology.

h. Provide monthly Progress Reports of the Impact. Study See Section 2.10 -Deliverable 3.1

i. Provide monthly Progress Reports of the of Development of the Outcome Evaluation. Study See

Section 2.10 -Deliverable 3.1

Please refer to the RESEA FAQ document.

2.2.3 Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract.

2.3 Contractor Responsibilities and Tasks

Contractor will need to assess the effectiveness of participating in one or more specific services during the customers’ one-on-one Individual Reemployment Plan (IRP) session after the initial

RESEA workshop.

The overall objective of the evaluation that the Contractor will need to assess is the effectiveness of participating in one or more specific services during their one-on-one Individual Reemployment Plan

(IRP) session after the initial RESEA workshop.

Unemployment Insurance (UI) benefits, employment rates, and wages using a Randomized

Controlled Trial (RCT) experimental research design with a treatment and control group (preferred) or a rigorous quasi-experimental design with a treatment and comparison group. If the Proposer is proposing a quasi-experimental design, Proposer shall provide an explanation as to why this is a better option for evaluating the program. The evaluation should be designed to answer the following questions in Sections 2.3 and deliver an Evaluation Design Report (EDR) and Data Assessment

Plan. See Section 2.10.” Confirmatory impact analysis:

a. The overall objective of the evaluation that the Contractor will complete will be to assess the effects of one or more of the pre-selected reemployment services. Does participating in those selected service activities during the customers one-on-one IRP session after the initial RESEA affect their employment outcome in a positive way.

2.3.2 Exploratory analyses:

a. Do employment outcomes vary based on the type and intensity of reemployment services claimants receive?

b. What reemployment services do claimants find to be most and least helpful?

RFP for Department of Labor Page 11 of 46

c. Are there any best practices for RESEA service delivery?

d. Does RESEA treatment effects vary by workforce regional/counties and participant demographic groups (regional and demographic analysis).

2.3.3 Process/implementation evaluation:

a. Are RESEA services consistently implemented and provided across RESEA regional areas and participant demographic groups (fidelity of intervention)?

b. How do RESEA services delivery vary (e.g., quality of service delivery of single or multiple sessions, virtual or in person service delivery, timing or delivery of RESEA service components, process analysis)?

The impact evaluation must use a research design that can qualify for a high or moderate rating from Clearinghouse for Labor Evaluation and Research (CLEAR). The CLEAR standards are set forth in the CLEAR Causal Evidence Guidelines, Version 2.1, available at https://clear.dol.gov/sites/default/files/CLEAR_EvidenceGuidelines_V2.1.pdf.

The impact evaluation must use a research design that can qualify for a high or moderate rating From Clearinghouse for Labor Evaluation and Research

(CLEAR). The CLEAR standards are set forth in the CLEAR Causal Evidence

Guidelines, Version 2.1, available at https://clear.dol.gov/sites/default/files/CLEAR_EvidenceGuidelines_V2.1.pdf.

The study must also be able to detect impacts with a "strong statistical confidence," as defined in UIPL 01-20. Past research indicates a sample size of at least 10,000 individuals is needed to detect whole Program impacts, and even larger sample sizes are needed to confirm component impacts. For more information, see the RESEA

Evaluation Toolkit, available at https://rc.workforcegps.org/resources/2019/07/30/17/32/RESEA_Evaluation_Evid ence_Resources.

Impact evaluations must be rigorous to achieve a high or moderate causal rating to enable the evaluation to be the basis of supporting the state’s service delivery strategies/interventions. Rigorous impact evaluations are multi-year projects – usually at least three to four years, and rigorous impact evaluations require large sample sizes. Typical phases may include:

1) Evaluation, planning, design, and launch,

2) Assign claimants to an intervention group or control group until target sample size is reached,

3) Track claimant outcomes;

a. Contractor shall complete and submit a Preliminary Report-Due 30 (Thirty) https://clear.dol.gov/sites/default/files/CLEAR_EvidenceGuidelines_V2.1.pdf https://clear.dol.gov/sites/default/files/CLEAR_EvidenceGuidelines_V2.1.pdf https://rc.workforcegps.org/resources/2019/07/30/17/32/RESEA_Evaluation_Evidence_Resources https://rc.workforcegps.org/resources/2019/07/30/17/32/RESEA_Evaluation_Evidence_Resources

RFP for Department of Labor Page 12 of 46

Days prior to Final Report submission. See Section 2.10 – Deliverable 4.2.

b. Contractor shall complete and submit a Final Report. See Section 2.10 –

Deliverable 4.2.

4) Collect outcomes data as it becomes available,

5) Track Data analysis,

a. Contractor shall complete and submit a Preliminary Report-Due 30 (Thirty)

Days prior to Final Report submission... See Section 2.10 – Deliverable 3.2

b. Contractor shall complete and submit a Final report. See Section 2.10 –

Deliverable 3.2

2.10 Deliverables, Tasks, Minimum Level of Service

Deliverable 1 – Design Evaluation Design Report

Tasks Minimum Level of Service Financial Consequences

1) Provide an Evaluation

Design Report (EDR) as specified in Section 2.3.

1) Contractor shall complete and provide the Evaluation

Design Report (EDR), as specified, within (60) days of contract execution, as approved and accepted by

LABOR.

Failure to complete the deliverable in full within sixty (60) days of contract execution with LABOR approval may result in a 5% reduction of the total deliverable amt. for every five days beyond the due date.

Deliverable 2 – Data Assessment Plan

Tasks Minimum Level of Service Financial Consequences

1) Provide a Data Assessment

Plan, as specified in

Section 2.3.

1) Contractor shall complete and submit a Data

Assessment Plan, as specified, within 180 days of contract execution, as approved and accepted by

MD LABOR.

Failure to complete the deliverable in full within 180 days of Contract execution with MD Labor approval may result in a 5% reduction of the total deliverable amt. for every five days beyond the due date.

Deliverable 3 – Progress Reporting and Impact Study

Tasks Minimum Level of Service Financial Consequences

1) Provide monthly Progress

Reports of the Impact

Study to demonstrate the development of the required RESEA Services, as specified in Section 2.3.

1) Contractor shall complete and submit monthly Progress

Reports of the Impact

Study, as specified, which must be approved

1) Failure to complete each task by the due date, as specified, may result in a

5% reduction of the total deliverable amt for every five days beyond the due

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2) Provide complete and submit Preliminary Impact

Study, as specified, in

Section 2.3.3.A.

3) Provide complete and submit Final Impact Study, as specified, in Section

2.3.3.B.

and accepted by MD

LABOR.

2) Contractor must complete and provide the Impact Study as specified, by the end of the third contract year, which must be approved and accepted by MD LABOR.

3) Contractor must

Complete and provide the Impact study as specified, by the end of the third contract year, which must be approved and accepted by MD LABOR.

date.

2) Failure to complete each task by the due date, as specified, may result in a

5% reduction of the total deliverable amt for every

3) Failure to complete each task by the due date, as specified, may result in a 5% reduction of the total deliverable amt for every five days beyond the due date.

Deliverable 4 – Progress Reports and Outcome Evaluation

Tasks Minimum Level of Service Financial Consequences

1) Provide monthly progress reports demonstrating development of the outcome evaluation of the required

RESEA services, as specified in Section 2.2.

2)Provide complete Final

Evaluation Study Report using

3 years of collected data, as specified in Section 2.3.3(A ) and 2.3.3(B).

1) Contractor shall compete and submit monthly progress reports of the outcome evaluation, as specified, which must be approved and accepted by

MD LABOR.

2) Contractor must complete and provide the outcome evaluation, as specified, by the end of the fourth contract year which must be approved and accepted by

MD LABOR

1) Failure to complete each task by the due date, as specified, may result in a

5% reduction of the total deliverable amt for every

2) Failure to complete each specified, may result in a 5% reduction of the total deliverable amt for every five days beyond the due date

Deliverable 5 – Quarterly Progress Reports

Tasks Minimum Level of Service Financial Consequences

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1) Provide evaluation quarterly progress reports every quarter. Section

2.2.(D).

1) Contractor shall compete and submit quarterly progress reports thirty (30) days after each quarter as specified, which must be approved and accepted by

MD LABOR.

1) Failure to complete each specified, may result in a

5% reduction of the total deliverable amt for every date

2.4 Experience and Personnel

2.4.1 Preferred Offeror Experience

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

A. Demonstrated knowledge of at least three (3) years of experience in performing design and implementation of an impact process evaluation of RESEA program that addresses the key elements of the proposed scope of work.

B. Prior experience in conducting studies for government (Federal, Local and/or State).

C. To demonstrate prior experience, the vendor shall provide:

1. Name and complete address of organization

2. Name of contact person, email address, and current phone number

3. Description of services provided, including implemented report information

4. Descriptions of previous evaluated work

5. Biographies of proposed staff

6. Descriptions of the Offeror’s Organizational capacity

2.4.2 Personnel Experience

THIS SECTION IS INAPPLICABLE TO THIS RFP.

2.4.3 Number of Personnel to Propose

As part of the Proposal evaluation, Offerors shall propose exactly which personnel who are expected to be available as of the start date specified in the Notice to Proceed (NTP Date).

Offerors shall describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the Department. Offerors may generally describe planned positions in a Staffing Plan.

Such planned positions may not be used as evidence of fulfilling personnel minimum qualifications.

2.4.4 Work Hours

Unless otherwise specified, the following work hours requirements are applicable:

RFP for Department of Labor Page 15 of 46

A. Business Hours Support: Contractor shall assign Contractor Personnel to support Normal

State Business Hours (see definition in Appendix 1).

B. Contractor Personnel may also be required to provide occasional support outside of normal State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies, such as to resolve system repair or restoration. Hours performing activities must be billed on an actual time worked basis at the rates proposed.

C. State-Mandated Closings: Contractor Personnel shall be required to participate in any

State-mandated closings. In this event, the Contractor will be notified in writing by the

Contract Monitor of these details.

D. Minimum and Maximum Hours: Full-time Contractor Personnel shall work 40 hours per week with starting and ending times as approved by the Contract Monitor. A flexible work schedule may be used with Contract Monitor approval, including time to support any efforts outside core business hours

E. Vacation Hours: Requests for leave shall be submitted to the Contract Monitor at least two weeks in advance. The Contract Monitor reserves the right to request a temporary replacement if leave extends longer than one consecutive week. In cases where there is insufficient coverage, a leave request may be denied.

2.5 Substitution of Personnel

2.5.1 Continuous Performance of Key Personnel

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

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

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

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

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

Contract Monitor.

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

2.5.2 Definitions

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

A. Extraordinary Personal Event – means any of the following leave under the Family

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

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

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2.5.3 Contractor Personnel General Substitution Provisions

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

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

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

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

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

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

4. Evidence of any required credentials.

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

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

2.5.4 Replacement Circumstances

A. Directed Personnel Replacement

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

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

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

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

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

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

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

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4. Replacement or substitution of Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

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

However, if the Contract Monitor deems it necessary and, in the State’s, best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

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

B. Key Personnel Replacement

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

C. Key Personnel Replacement Due to Sudden Vacancy

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

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B.1.

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

D. Key Personnel Replacement Due to an Indeterminate Absence

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

Section 2.5.3.

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

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

2.5.5 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden

RFP for Department of Labor Page 18 of 46 termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

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

2.6 Supplemental Category of Work Requirements and Responsibilities

The Professional Services Supplemental is required for 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

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. 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 fails to satisfy the terms and conditions of the Contract until such time as the

Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract.

RFP for Department of Labor Page 20 of 46

In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price

Form), those items shall be billed in the month following the acceptance of the work by the State.

B. 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 or

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15 business day of the month following the end of the invoice period.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.3.2 Deliverable Invoicing

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment.

Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

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

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

3.5 Problem Escalation Procedure

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

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

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

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

A. Contact information

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

RFP for Department of Labor Page 21 of 46

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.

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

Days after the start of each Contract year .

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

3.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7 Payments by Electronic Funds Transfer

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

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

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

Form.

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

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

10Form20150615.pdf.

3.8 Prompt Payment Policy

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

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

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

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

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

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

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf

RFP for Department of Labor Page 22 of 46

3.9 Federal Funding Acknowledgement

The total amount of federal funds allocated for the Unemployment Insurance Division is $

$609,254.00 in Maryland State fiscal year 2025. This represents 1% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.

The Contract contains federal funds. The source of these federal funds is MDUI. The CFDA number is: 17.225. The conditions that apply to all federal funds awarded by the State are contained in Federal

Funds Attachment H. Any additional conditions that apply to this particular federally-funded contract is contained as supplements to Federal Funds Attachment H and Offerors are to complete and submit these Attachments with their Proposals as instructed in the Attachments. Acceptance of this agreement indicates the Offeror’s intent to comply with all conditions which are part of the

Contract.

3.10 Conflict of Interest Affidavit and Disclosure

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

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 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: Offerors are advised that Md. Code

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

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.11.2 Non-Disclosure Agreement (Contractor)

3.12 A Non-Disclosure Agreement (Contractor) is not required for this procurementMaryland 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

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

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

3.13 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

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

3.14 Insurance Requirements

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

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

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

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate. [[This insurance is required for A&E contracts and certain licensed professional services. Remove if not applicable.]]

C. 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. [[This insurance is required for some types of IT service offerings hosted by the contractor or if the contractor handles certain types of State data. Agency information security officers (if any) and AAGs should be consulted before including this insurance requirement in a solicitation. Remove if not applicable.]]

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

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

E. Automobile or Commercial Truck Insurance - The Contractor shall maintain

Automobile 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. [[This insurance is required if the contractor is https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

RFP for Department of Labor Page 24 of 46 driving as part of the requirements of the contract, e.g. Armored Car Services, Deliveries, Courier Services. Remove if not applicable.]]

3.14.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding

Workers’ Compensation Insurance and professional liability.

3.14.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.14.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5)

Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.14.6 Subcontractor Insurance

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

3.15 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel.