REVISED IFB_09032021.pdf

STATE OF MARYLAND

MARYLAND DEPARTMANT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

(MDOT MTA)

INVITATION FOR BIDS (IFB)

MARC HHP-8 CAMERA AND MICROPHONE INSTALLATION

IFB NUMBER#: MRC-21-001-IT

ISSUE DATE: AUGUST 24, 2021

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

MARC HHP-8 Camera and Microphone Installation Solicitation #: MRC-21-001-IT IFB Document

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Title: MARC HHP-8 Camera and Microphone Installation Solicitation No: MRC-21-001-IT

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

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

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINSTRATION

(MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids IT - MARC HHP-8 Camera and Microphone Installation

Solicitation Number: MRC-21-001-IT

IFB Issue Date: August 24, 2021, Revised September 3, 2021

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration (MDOT / MTA)

Procurement Officer: Tammy Russell 6 Saint Paul Street, 7th floor Baltimore, Maryland 21202 e-mail:

Office Phone:

trussell@mta.maryland.gov 410-767-3369

Pre-Bid Conference: September 3, 2021 at 11:00 am Local Time via Microsoft Teams Please send emails for attendance to Procurement Officer, trussell@mta.maryland.gov by 4 pm on September 2, 2021.

Questions Due Date and Time September 8, 2021 at 2:00 pm Local Time Questions are to be sent to trussell@mta.maryland.gov

Bid Due (Closing) Date and Time:

September 23, 2021 at 2:00 pm Local Time, Submit Via eMMA https://emma.maryland.gov Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made. (see page ii)

Public Bid Opening Date, Time and Location

September 23, 2021 at 2:30 pm Local Time via Microsoft Teams Please send emails for attendance to Procurement Officer, trussell@mta.maryland.gov by 4 pm on September 22, 2021.

MBE Subcontracting Goal: 15%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: One (1) Year base period with no option periods.

Primary Place of Performance:

The locomotives will be made available at the MARC Martins Maintenance Facility located at 2700 Eastern Blvd, Middle River, MD, 21220

SBR Designation: No

Federal Funding: Yes mailto:trussell@mta.maryland.gov mailto:trussell@mta.maryland.gov mailto:trussell@mta.maryland.gov https://emma.maryland.gov/ mailto:trussell@mta.maryland.gov

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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

2.3 Quality Management

2.4 Safety

2.5 Inspections

2.6 Materials

2.7 General Instructions

2.8 Major System Elements

2.9 Schedule

2.10 Deliverables

2.11 Milestone Payment Schedule

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Report

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

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4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

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5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Sample Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

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Appendix 2. – Bidder/Offeror Information Sheet

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have three (3) years of experience installing forward and inward-facing cameras and an ambient audio recording system as an enhancement to locomotives.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references from state and/or federal government entities or privately held Class 1 Railroads within the last three (3) years that can attest to the Bidder’s required years of experience in designing, installing, and commissioning forward-facing and inward-facing cab video and ambient audio recording systems.

1.1.2 Bidders should demonstrate recent experience in design, installation, and commissioning of similar image and audio recording devices on passenger locomotives and/or cab coaches.

1.1.3 Bidders should be familiar with Notice of Proposed Rule Making (NPRM) FRA–2016–0036 for Locomotive Image and Audio Recording Devices for Passenger and Freight Trains.

1.1.4 Bidders shall have experience providing similar responsibilities for local, state, or federal government entities of similar capacity, or privately held Class 1 railroad properties.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA) is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the MDOT MTA: For the installation of forward and inward-facing cab video and ambient audio recording system on six MARC High Horsepower (HHP) electric locomotives manufactured by Bombardier/Alstom comprised of two operating cab ends. Each operating cab will have one Forward and one Inward-facing camera located within each cab. There will also be one microphone for each cab end positioned to capture the onboard horn and bell for each cab end as well as ambient noise of passing trains. These locomotives operate exclusively on the Amtrak North East Corridor (NEC) between Washington DC and Perryville Maryland at speeds up to 125 mph.

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

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

4.9 Award Basis for more Contract award information.

2.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

1. Shall constitute Contracts between the Contractor and that entity;

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

3. Shall not be binding or enforceable against the State; and

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

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

2.2 Background and Purpose

On the behalf of The MARC Train Service, The Maryland Department of Transportation is issuing this Invitation for Bid (IFB) for the installation of forward and inward-facing cab video and ambient audio recording system on six MARC High Horsepower (HHP) electric locomotives manufactured by Bombardier / Alstom comprised of two operating cab ends. Each operating cab will have one forward and one inward-facing camera located within each cab. There will also be one microphone for each cab end positioned to capture the onboard horn and bell for each cab end as well as ambient noise of passing trains.

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These locomotives operate exclusively on the Amtrak North East Corridor (NEC) between Washington DC and Perryville Maryland at speeds up to 125 mph.

2.3 Quality Management

The Bidder shall have an established and certified quality management program in place. Acceptable standards include ISO 9001 and AAR M-1003. Descriptions of the quality management program and all associated certifications must be made available for MDOT MTA inspection, if requested.

Technicians performing specialized work shall have appropriate qualifications and follow established applicable manufacturing standards and practices. Examples of acceptable standards are included in Section 2.0. All work instructions, drawings and specified requirements must be readily available to the technician performing each task.

Before work commences, the Contractor shall submit examples of all proposed assemblies, component locations, wire and conduit run, test procedures and report templates for the Customer’s review and approval.

2.4 Safety

The Bidder must have an established safety program in place that recognizes and complies with all applicable Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) and Federal Railroad Administration (FRA) requirements as well as State, Local and Federal requirements.

2.4.1 Safety and Security Certification Program

Transit projects eligible for Federal Transit Administration (FTA) Section 5309 funding, or other forms of Federal assistance, require the implementation of a Safety and Security Certification Program. MDOT MTA receives such funding and acts as a self-certifying agency. As such, MDOT MTA is required to develop and implement a Safety and Security Certification Program (SSCP) in accordance with the aforementioned requirement.

MDOT MTA, in conjunction with its safety consultant, shall develop a Safety and Security Certification Program Plan (SSCPP) for this project in accordance with the requirements of the FTA’s “Handbook for Transit Safety and Security Certification (FTA-MA-90-5006-02-01), Final Report,” November 2002;

MARC Train Service System Safety Program Plan (SSPP); and any other applicable State or Federal guidelines or requirements.

As a self-certifying agency, MDOT MTA reserves the right to select a third-party contractor (safety consultant) of their choosing to establish and execute the Safety and Security Certification Program.

MDOT MTA’s safety consultant, under a separate contract, will complete the SSCP, however it is the Contractor’s responsibility to assist MDOT MTA in successfully completing the SSCP for this project.

The Contractor shall provide documentation as required in the various sections of this specification and shall participate in MDOT MTA’s SSCP related activities.

The SSCP will be provided to the Contractor at Notice to Proceed (NTP) for use as a reference during the Contractor’s safety plan development. The SSCP describes the Contractor’s responsibility, methodology for meeting safety certification requirements and addresses elements of Fire/Life Safety, System Safety, Occupational Safety, and Public Safety. The SSCP also defines the verification and validation processes, which will be used to document that all safety and security certification requirements have been met.

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The Contractor’s System Safety Program Plan (per the requirements of this chapter) shall define the process for achieving an acceptable level of safety and security risk through the adherence of design criteria, compliance to the technical specification and compliance to test verification.

Design changes proposed by the Contractor during construction, fabrication, installation, testing or commissioning shall ensure all safety critical system elements have been evaluated for compliance with the safety and security requirements, including applicable codes and standards, and to verify their operational readiness for revenue service.

2.5 Inspections

The MDOT MTA shall have the right to perform appropriate inspections. These inspections may include, but are not limited to, an initial quality audit, in-work production audits and first article inspection. The MDOT MTA will provide the Bidder with reasonable notification of any impending inspection. During inspections, all documentation applicable to the MDOT MTA's product must be available for review.

2.6 Materials

All materials and components used must be rated for use in rail environments and shall meet the Fire Safety requirements of 49 CFR §238.103. All materials and components installed must be new unless explicitly approved by the MDOT MTA.

2.7 General Instructions

The Bidder must demonstrate a thorough familiarity with designing, installing and performing modifications and upgrades to passenger rail equipment relative to this Scope of Work (SOW).

2.7.1 Considerations

A. Design and installation shall be of a robust type for Railroad applications, where weather elements may be exposed to the cameras, microphones, wiring and other system components as well as vibration.

B. Impact caused by coupling trains should also be considered.

C. The system and components must prohibit condensation collection and intrusion of dust and moisture.

D. Various voltages and frequencies on the overhead catenary supplying transformed power for the AC traction motors to propel the locomotive and three phase 480 VAC for passenger cars need to be considered so there is no interference or quality impact to audio or video signals recorded.

Power available for the Forward and Inward-Facing Camera System will be 72Vdc nominal supplied from the locomotive batteries. The systems recording device shall be equipped with a certified crashworthy event recorder memory module that meets the requirements of 49 CFR §229.135 identified in Appendix D and time synced with the

IFB for MDOT MTA Page 5 of 83 current Data Event recorder in place onboard. The Contractor shall be responsible for demonstrating that the installed system functions as required.

E. The locomotives will be made available at the MARC Martins Maintenance Facility located at 2700 Eastern Blvd, Middle River, MD, 21220 for Pre-Bid inspection.

After contract award, Contractors will have access to locomotives at this location in order to perform the Forward and Inward Facing Camera System application and static testing of the system.

2.8 Major System Elements

2.8.1 Forward-Facing Cameras

AXIS P3915-R Mk II Network Camera or approved equal, located in each Cab end not to obstruct the Operators field of vision, to capture video through the wiped area of the front window by the wiper blade but not be obstructed by the wiper arm, blade or any linkage when not actively wiping. The forward-facing camera shall be positioned such that any window shade, sun visor or other apparatus does not obstruct the camera’s field of vision. Some characteristics of the camera include, but not be limited to:

A. IP HDTV network camera 1080P resolution

B. 30 FPS

C. 2.8mm lenses 90° horizontal field, 47° vertical field D. Audio input for Microphone E. M12 Ethernet connector F. https://www.axis.com/en-us/products/axis-p3915r-mkii/support-and-documentation

2.8.2 Inward-Facing cameras

AXIS P3915-R Mk II Network Camera, or approved equal, shall be located in each Cab end to capture video of the operator’s upper body, head, arms, hands and interactions with the control stand features including, but not limited to, brake, throttle, horn, bell, radio, Positive Train Control (PTC) and cab signal Aspect Display Unit (ADU). Some characteristics of the camera include, but are not limited to:

A. IP HDTV network camera 1080P resolution

B. 30 FPS

C. 3.6 mm lenses 115° horizontal field, 47° vertical field D. M12 Ethernet connector E. https://www.axis.com/en-us/products/axis-p3915r-mkii/support-and-documentation

2.8.3 Microphones

AM-SM1-TRWCF Microphones, or approved equal, shall be located on each Cab end and appropriately placed to record locomotive horn and bell actuations. Microphones on both ends shall record continuously, capturing any ambient noise including those from passing trains at any time. Some characteristics of the microphone include, but are not limited to:

A. Surface mount B. Weatherproof C. Omni-Directional https://www.axis.com/en-us/products/axis-p3915r-mkii/support-and-documentation https://www.axis.com/en-us/products/axis-p3915r-mkii/support-and-documentation

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D. Low noise E. https://www.arcdyn.com/ProductLeaflet/file/getpdf/name/Compact%2C_Vandal_Resistant%

2C_Weather_Proof%2C_Surface_Mount%2C_Omni- Directional_Microphone.pdf?fileId=246

2.8.4 Video/Audio Recording Unit

Wabtec® Locomotive Data Recording system – Video (LDRS-V) or approved equal shall be provided.

Some characteristics of the Recording device include, but are not limited to:

A. Removable Solid-State Drive (SSD) that can be removed while power is on B. Crash Hardened Memory Module meeting 49 CFR §229.135 Appendix D C. Recording of all inputs with a Minimum of 48 hours of continuous recording D. Remote Download port with easy access in locomotive cab by means of an M12 Ethernet connector E. All wiring and cabling shall be connected via twist lock style electrical connectors providing positive lock and designed to prevent moisture and dust intrusion.

F. https://www.wabtec.com/products/1462/locomotive-data-recording-system-video-ldrs-v

2.8.5 Installation Methods

Shall be continuous, un-spliced, shielded cabling between each camera and microphone connector to the recording device connector inputs. Multi-conductor cabling not in conduit, or wire ways, shall be clamped or restrained no less than 6” apart. All wire will be stranded, and insulation shall be suitable for harsh locomotive environments including wet locations.

A. Power wiring shall be of the appropriate size and provided with adequate circuit breaker protection for the total system and in conduit, wire ways or protective sheathing as appropriate.

B. All wire connection crimps shall be performed with a full cycle crimping tool designed for the connector.

C. Reasonable slack loop, properly secured in all wiring, shall be available for future twist lock plug replacement, if necessary, or re-termination of individual conductors.

D. Cameras, Microphones and Recording device mounting shall use tapped threads, tapping plates or Rivet nuts (no loose bolts and nuts).

2.9 Schedule

A locomotive will be made available at the Martins Maintenance facility 90 days after NTP for contractor mobilization, prototyping, and First Article Inspection (FAI), for a maximum of 30 days. After FAI approval, static and dynamic testing, and final acceptance, subsequent locomotives will be cycled to the facility one at a time, for a maximum period of 14 days to complete installation and static testing. Some work may need to be performed outdoors as locomotives may not always be indoors at the facility.

https://www.arcdyn.com/ProductLeaflet/file/getpdf/name/Compact%2C_Vandal_Resistant%2C_Weather_Proof%2C_Surface_Mount%2C_Omni-Directional_Microphone.pdf?fileId=246 https://www.arcdyn.com/ProductLeaflet/file/getpdf/name/Compact%2C_Vandal_Resistant%2C_Weather_Proof%2C_Surface_Mount%2C_Omni-Directional_Microphone.pdf?fileId=246 https://www.arcdyn.com/ProductLeaflet/file/getpdf/name/Compact%2C_Vandal_Resistant%2C_Weather_Proof%2C_Surface_Mount%2C_Omni-Directional_Microphone.pdf?fileId=246 https://www.wabtec.com/products/1462/locomotive-data-recording-system-video-ldrs-v

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2.10 Deliverables

2.10.1 Spare Parts

The Contractor shall provide the following spare parts:

A. Two (2) removable Solid-State Drives (SSD) B. Four (4) Forward and four (4) Inward-Facing Cameras with housing and electrical connectors C. Four (4) Microphones and electrical connectors D. Two (2) Complete Video/Audio recording units.

2.10.2 Portable Test Equipment (PTE) and Software

The Contractor shall provide the following:

A. Two (2) Portable Test Equipment (PTE) laptops, Panasonic Toughbook CF-53 or equivalent, with the latest version of Microsoft Windows 10 and all software required for system components including downloading, maintaining, adjusting, analyzing, viewing and printing with unlimited license use for MARC and its contractors;

B. Four (4) sets of cables necessary to connect any components to the laptop for software use; and C. USB flash drive loaded with all PTE software for MARC to install on its existing PTE laptops

2.10.3 Contract Deliverable Requirement Lists (CDRL)

The Contractor shall provide the following CDRLs for review and approval:

CDRL No. CDRL Description Due Date

CDRL 1 Safety Plan NTP + 20 Days

CDRL 2 Design Review NTP + 45

CDRL 3 List and Datasheets for All Components/Parts

- Including Flame/Smoke/Toxicity Reports)

NTP + 75 Days

CDRL 4 Design Documents

- Including updated schematics, installation drawings, Software Functional Description, installation drawings, wire and conduit runs, and component locations

NTP + 90 Days

CDRL 5 Static and Dynamic Testing Plans NTP + 105 Days

CDRL 6 Operators, Maintenance, Troubleshooting Manuals and Training NTP + 135 Days

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2.11 Milestone Payment Schedule

The Contractor will receive payment based on the following milestone payment schedule:

Payment Milestone Milestone Percentage

A Submittal and Approval of CDRL 1 3%

B Submittal and Approval of CDRL 2 5%

C Submittal and Approval of CDRL 3 2%

D Submittal and Approval of CDRL 4 10%

E Submittal and Approval of CDRL 5 10%

F Submittal and Approval of CDRL 6 10%

G

G.1 - Acceptance of Locomotive 1 (10%) G.2 - Acceptance of Locomotive 2 (10%) G.3 - Acceptance of Locomotive 3 (10%) G.4 - Acceptance of Locomotive 4 (10%) G.5 - Acceptance of Locomotive 5 (10%) G.6 - Acceptance of Locomotive 6 (10%)

60%

TOTAL 100%

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to <<60>> days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

b) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

c) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

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3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor by contract letter.

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

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

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

e) The MDOT MTA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MDOT MTA with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

f) Any action on the part of the MDOT MTA, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15- 215 through 15-223 and with COMAR 21.10.04.

g) 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.

h) 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.

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3.3.2 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 –Bid Form) those items shall be billed in the month following the acceptance of the work by the MDOT MTA.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

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

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

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

a) Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): $23.00 per day until the monthly report is submitted as required.

b) Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4):

$82.00 per MBE subcontractor.

c) Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE

IFB for MDOT MTA Page 12 of 83 participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

d. Failure to meet the Contractor’s total MBE participation goal and sub goal commitments:

the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the MDOT MTA to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

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3.5.2 Data Export/Import

a) The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

b) Any import or export shall be in a secure format per the Security Requirements.

3.5.3 Data Ownership and Access

a) Data, databases and derived data products created, collected, manipulated, or directly purchased as part of an IFB are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

b) Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or

(4) at the State’s written request.

c) The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

d) At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

e) The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

3.6 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:

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

a) Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $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 - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

IFB for MDOT MTA Page 14 of 83

c) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000.

The State of Maryland and the MDOT MTA should be added as a “loss payee.”

d) Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) 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.

e) 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.

f) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.6.2 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.

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

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

3.6.5 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.

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

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

IFB for MDOT MTA Page 15 of 83

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, which Contractor Personnel has not adhered to the Security requirements specified herein.

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.7.2 Security Clearance / Criminal Background Check

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

b) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

c) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

d) The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

e) Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract; Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises.

f) A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

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3.7.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.7.4 Information Technology

(a) Contractors shall comply with and adhere to the State IT Security Policy and Standards.

These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

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

The Contractor shall:

1) Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5);

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword: Security Policy.

3.7.5 Data Protection and Controls

A. Contractor shall ensure a secure environment for all State data and any hardware and software (including but not limited to servers, network and data components) provided or used in connection with the performance of the Contract and shall apply or cause application of appropriate controls so as to maintain such a secure environment (“Security Best Practices”).

Such Security Best Practices shall comply with an accepted industry standard, such as the NIST cybersecurity framework.

B. To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls at all times throughout the Term of the Contract (the Contractor may augment this list with additional controls):

1) Establish separate production, test, and training environments for systems supporting the services provided under the Contract and ensure that production data is not replicated in test or training environment(s) unless it has been previously anonymized or otherwise modified to protect the confidentiality of Sensitive Data elements. The Contractor shall ensure the appropriate separation of production and non-production environments by applying the data protection and control requirements listed in Section 3.7.5.

http://www.doit.maryland.gov/

IFB for MDOT MTA Page 17 of 83

2) Apply hardware and software hardening procedures as recommended by Center for Internet Security (CIS) guides https://www.cisecurity.org/ Security Technical Implementation Guides (STIG) https://public.cyber.mil/stigs/, or similar industry best practices to reduce the systems’ surface of vulnerability, eliminating as many security risks as possible and documenting what is not feasible or not performed according to best practices. Any hardening practices not implemented shall be documented with a plan of action and milestones including any compensating control.