Revised_MCA260003 Cannabis Care Line Pilot BPM057708.pdf

Administration Cannabis Care Line (CCL) Pilot Program

Solicitation #: MCA260003 RFP Document

RFP for Maryland Cannabis Administration Page 1 of 51

STATE OF MARYLAND

MARYLAND CANNABIS ADMINISTRATION

REQUEST FOR PROPOSALS (RFP)

CANNABIS CARE LINE (CCL) PILOT PROGRAM

RFP NUMBER BPM057708

JUNE 24, 2026

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

RFP Document

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STATE OF MARYLAND

MARYLAND CANNABIS ADMINISTRATION (MCA)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Cannabis Clinical Care Line Pilot (“Cannabis Care Line”)

Solicitation Number: MCA260003

RFP Issue Date: 6/24/2026

RFP Issuing Office: Maryland Cannabis Administration (MCA)

Procurement Officer: Merricka Brown 849 International Drive, Linthicum, MD 21090

Email:

Phone Number:

merricka.brown1@maryland.gov 410-487-8060

Proposals are to be sent to:

Submit on emma.maryland.gov under ID # BPM057708 or Solicitation Number MCA260003. To submit a proposal, offerors must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

Questions Due Date and Time:

07/9/2026, 5:00 pm Local Time

Proposal Due (Closing) Date and Time:

07/16/2026, 5:00 pm Local Time 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 Subcontracting Goal:

25%

VSBE Subcontracting Goal:

NA

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

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Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Fixed price, total award including base and option periods not to exceed $200,000.

Contract Duration: Nine-month base period (approximately Sept 1, 2026-May 31, 2027) with a single nine-month option period (estimated June-February 2028). Total duration up to 18 months.

Primary Place of Performance:

As proposed by the Offeror

SBR Designation: Yes

Federal Funding: No

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TABLE OF CONTENTS – RFP

1 7

1.1 7

2 8

2.1 8

2.2 8

2.3 10

2.4 12

2.5 13

2.6 Error! Bookmark not defined.

3 17

3.1 17

3.2 17

3.3 17

3.4 19

3.5 19

3.6 20

3.7 20

3.8 20

3.9 21

3.10 21

3.11 21

3.12 21

3.13 22

3.14 22

3.15 23

4 28

4.1 28

4.2 28

4.3 28

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4.4 28

4.5 29

4.6 29

4.7 29

4.8 29

4.9 29

4.10 30

4.11 30

4.12 30

4.13 31F

4.14 31

4.15 31

4.16 32

4.17 32

4.18 32

5 33

5.1 33

5.2 33

5.3 34

5.4 44

6 45

6.1 45

6.2 45

6.3 46

6.4 46

6.5 46

6.6 47

7 50

7.1 50

7.2 51

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

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

A. The Offeror shall have at least two (2) years of experience with call center operations within the past five (5) years and be willing and able to integrate and utilize MCA’s existing call center infrastructure (Lumen/Genesys).1

B. The Offeror shall have only individuals who meet the requirements set forth in Section 2.4.2 and have documented experience and training in medical topics, including selecting products/strains for qualifying conditions, contraindications, side effects, and potential risks related to cannabis use. [NOTE: CCL staff are not permitted to recommend/endorse any specific brand of products.]

If individuals do not currently have this training and experience, the offeror must discuss in detail how they will obtain it (see notes in Section 2.4.2B).

C. The Offeror shall provide with its Proposal "Attachment L - Reference Checks" that includes a minimum of one reference.

D. The selected Offeror and subcontractors may not have any of the following conflicts of interest: current interest in or employment by a cannabis licensee or registrant, or be an active certifying provider. [NOTE: Clinical Directors currently registered with MCA and employees of cannabis licensees may apply or be eligible to staff the CCL, provided they withdraw their MCA registration and/or furnish documentation that they are not employed by a cannabis licensee upon notification of an intent to award.]

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

1 See RFP Section 2.3 (E) for system requirements. Also available at Genesys Multicloud CX system requirements - Genesys Documentation https://all.docs.genesys.com/index.php?title=System/GenEngagecloudsysrqmt&contextProduct=PEC-REP https://all.docs.genesys.com/index.php?title=System/GenEngagecloudsysrqmt&contextProduct=PEC-REP

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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 and the State of Maryland (“State”).

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 staffing for a (free to the caller) Cannabis Care Line (CCL) to provide professional information on medical cannabis use and other health-related questions regarding cannabis use.

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 Cannabis Administration (MCA) is the state government agency responsible for regulating the cultivation, manufacture, testing, and distribution of medical and adult-use cannabis in Maryland, as well as registration for medical cannabis patients and certifying healthcare providers.

Medical cannabis became available in late 2017 to eligible patients with a registered healthcare provider certification. Conditions eligible for medical certification include severe or chronic pain, cachexia/wasting syndrome or anorexia, severe nausea, seizures, severe or persistent muscle spasms, glaucoma, post-traumatic stress disorder (PTSD), or another chronic medical condition that is severe and for which other treatments have been ineffective. Eligible patients must first register with MCA and then seek annual medical certification with a healthcare provider registered with MCA (‘certifying provider’).

Certifying providers assign a standard monthly allotment of THC annually for medical cannabis and are to advise patients on THC dose, contraindications, and side effects. Patients can visit any dispensary in the state to obtain medical cannabis. Medical cannabis is untaxed, and dispensaries are required to offer patient-only service lines and/or hours of operation each day. Dispensaries are also required to hire a Clinical Director who is available to answer patient medical questions during normal business hours.

Following the 2022 ballot referendum, in which Marylanders voted to legalize adult-use sales starting July 1, 2023, active patient certifications have decreased from a peak of 160,000 in 2022 to below 90,000 by the end of 2025. (For current patient counts, see MCA’s Medical and Adult-Use Data Dashboard, https://cannabis.maryland.gov/Pages/Data-Dashboard.aspx.)

While this decline in patient counts is in line with what has been observed in other states as they transitioned to a dual medical and adult-use marketplace, MCA has continued to connect with patients to understand how the medical program impacts their lives and how best to improve the program to meet https://cannabis.maryland.gov/Pages/Data-Dashboard.aspx

RFP for Maryland Cannabis Administration Page 9 of 51 their needs in the changing cannabis landscape. MCA has hosted engagement opportunities, including roundtable listening sessions and an annual medical cannabis patient survey each year since 2022. More than 13,000 patients have taken part in each survey wave, making it (to our knowledge) the largest and longest-running survey of its kind and offering key insights into how patients engage with the medical program and where gaps may exist. (See all Maryland Medical Cannabis Patient Survey (“MMCPS”) reports at Additional Reports).

In the 2024 wave of the patient survey, respondents said they typically visit their certifying provider just once a year, few have ever consulted a Clinical Director, and many rely on dispensary sales staff for advice on medical topics, though most of these staff have no medical or clinical training. When asked whether they would use a free cannabis helpline, a majority of survey respondents (84%) indicated they would use the service for professional guidance on medical topics, including selecting products/strains for qualifying conditions, contraindications, side effects, and potential risks related to cannabis use.2 Interest in a care line was also observed in the 2025 survey wave, with a majority (77%) of respondents agreeing it would be an improvement to the medical program, and 40% stating it would be a ‘great improvement.’3

Importantly, a cannabis helpline (hereafter, ‘cannabis care line’ or CCL) could enhance clinical access, while retaining existing certifying providers and Clinical Directors, as additional touchpoints will be needed with the state’s growing cannabis marketplace. Furthermore, the cannabis care line helps ensure clinical access for social equity licensees, namely 70+ recipients of conditional dispensary licenses in 2024, who are not required to have a Clinical Director for two (2) years after becoming operational (micro dispensaries are not required to offer Clinical Director services at any time). For information on social equity cannabis licensing under the Cannabis Reform Act, see Legislation - HB0556.

Finally, the cannabis care line could also offer basic screening and referrals for problem use, filling a current gap and area of concern for many stakeholders, providing another access point for information on problem use for patients and caregivers, and certifying providers and Clinical Directors. As this is an entirely new initiative, MCA is approaching it as a pilot to enhance current offerings and gain insights into caller types, call volume, call timing (optimal hours of operation), and common topics/inquiries. The desired outcome of the pilot is to determine the extent to which it supports MCA’s goals of enhancing the medical cannabis program to optimally meet patients’ needs, as well as to understand the resources needed to support a cannabis care line long term.

2.2.1 Project Goals

Primary goal: successful on-schedule launch of the CCL pilot with professional staffing;

sufficient coverage (i.e., minimal wait time) during predetermined hours of operation; and improved data and understanding of the utilization of the CCL to assess a potential increase in

2 2024 Maryland Medical Cannabis Patient Survey (MMCPS-24) available at, Additional Reports 3 2025 Maryland Medical Cannabis Patient Survey (MMCPS-25), Additional Reports.

https://cannabis.maryland.gov/Pages/Additional_Reports.aspx https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0556?ys=2023RS https://cannabis.maryland.gov/Pages/Additional_Reports.aspx https://cannabis.maryland.gov/Pages/Additional_Reports.aspx

RFP for Maryland Cannabis Administration Page 10 of 51 scale from the pilot, including information on call volume, demographics, and types of inquiries.

This goal will be measured with program implementation metrics.

Secondary goal: increased access to clinical support and improved satisfaction among certified medical cannabis patients and caregivers, certifying providers, and dispensary agents. This goal will be measured through formal surveys, including MMCPS, as well as ad hoc feedback.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State project team includes a State Project Manager.

1. The State Project Manager is responsible for developing a CCL call protocol and standard operating procedures, including hours of operation, data collection and reporting requirements, and recordkeeping requirements.

2. The State Project Manager will provide the following: CCL phone number, log-in information, and software/user licenses for the Genesys system.

2.2.3 Other State Responsibilities

A. The State will provide outreach to inform patients and key stakeholders about the pilot.

This may include e-blasts, social media, information posted at dispensaries, and other paid and/or organic marketing and advertising.

2.3 Contractor Responsibilities and Tasks

The selected Offeror shall be ready to launch the CCL within 4-6 weeks of contract award to maximize operations during the base period (approximately 9 months). A breakdown of anticipated responsibilities and tasks is outlined below. If the option period (an additional 9 months) is exercised, adjustments to key tasks may be made with mutual agreement between the State and the selected Offeror.

A. Hire staff. The selected Offeror shall independently recruit, hire, train4, and compensate call center staff, ensuring all staff meet the minimum qualifications set forth in Section 1.1. The selected Offeror shall document and maintain records of staff qualifications, including relevant degrees; active, in good standing licensure, including current HIPAA training;

required medical cannabis training hours; and the executed contract with hired staff. The selected Offeror shall make this documentation available to the MCA upon request. If staff is replaced during the project period, the selected Offeror shall notify MCA within five (5) business days of staffing changes.

B. Staffing plan. Maryland-licensed dispensaries are permitted to operate seven days a week between 8 am and 11 pm. Providing call center coverage for all potential sales hours is cost-prohibitive. However, MCA has examined medical cannabis patient transactions to determine when patients are most likely to contact the CCL with questions. Peak sales days are Thursday, Friday (highest), and Saturday, with 3-6 pm typically seeing the highest volume. The selected Offeror shall provide a minimum of twelve (12) hours of weekly CCL coverage, including a proportion of peak sales times. MCA proposes offering live CCL availability from 3-6 pm on Wednesday-Friday and 11-2 pm on Saturday. The selected

4 This training may cover employment-specific procedures as well as general call center training and operational topics. MCA will provide guidance on these training topics, including clinical scope and liability

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Offeror may propose alternative and/or additional operational hours, along with a rationale for the proposed hours. The days of the week or hours of operation recommended by MCA may change across the pilot based upon actual patterns of CCL utilization. As a pilot, the selected Offeror must be flexible in adjusting coverage accordingly. With these considerations in mind, the selected Offeror shall propose a detailed staffing plan to ensure coverage (e.g., 1 staff member for all 12 hours, multiple staff members for all 12 hours, 2 staff members, each taking 6 hours, etc.). All caller identifying information shall remain strictly confidential.

C. Triage plan. The selected Offeror shall propose a plan for the concurrent intake of multiple calls, minimizing wait or callback times to no more than fifteen (15) minutes. For example, if more than one call comes in at a time, calls can be held or routed to voicemail for a callback, which should be made within 15 minutes of receipt if the call is made within the stated hours of operation.

D. Call Management SOP. The selected Offeror shall develop an SOP for CCL call management that includes details on handling calls that fall outside the scope of this solicitation (i.e., wrong number, mental health or substance use crisis, product/brand recommendations) and after hours (procedures for handling after-hours calls and voicemails). The SOP shall include a plan for screening and referral for cannabis use disorder (CUD) and problem use. Additionally, the SOP shall include contingency plans for managing CCL disruptions resulting from events such as power or Wi-Fi outages, and provisions to ensure record and data security, as well as procedures for restoring normal operations within 24 hours.

E. Hardware & software system requirements. The selected Offeror must provide all necessary software and equipment, including personal computers, a stable internet connection, headsets, and printers. Additionally, the selected Offeror must ensure compliance with Genesys bandwidth requirements and operating system compatibility (found here). The solution should also address data storage and management needs, incorporate effective records management systems, meet specified RAM requirements, and outline system security and maintenance protocols.

F. Testing & troubleshooting. Prior to launch, the selected Offeror shall meet with MCA and Lumen to review details specific to call center operations, connections, data reporting, and basic troubleshooting, conducting at least one test to ensure smooth operations. After launch, the selected Offeror shall immediately notify MCA of any operational issues that may result in service interruptions and implement the necessary contingency plans as outlined in the

SOP.

G. Data collection & reporting. The Lumen/Genesys system automatically provides data on select metrics, including call volume, duration, peak call times, and average response time.

The selected Offeror shall collect supplementary quantitative and qualitative data identified by MCA which may include but is not limited to: type of caller (patient, caregiver, certifying provider, dispensary agent, other healthcare provider, adult consumer, other caller/unknown), first time or returning caller, number of questions (primary and secondary questions), types of questions, satisfaction with information provided, etc. This data shall be recorded in a format accessible to MCA and shared via a user-friendly format proposed by the selected Offeror on a mutually agreed-upon cadence. Summary utilization reports shall https://all.docs.genesys.com/Special:PrincePDF/System/GenEngagecloudsysrqmt

RFP for Maryland Cannabis Administration Page 12 of 51 be provided at least monthly, likely more frequently at the onset of CCL implementation. All data shall be de-identified to protect caller confidentiality. The Offeror may propose any additional report formats and content that they shall develop and furnish to MCA to help evaluate CCL pilot effectiveness. MCA may require additional reporting from the Contractor, including but not limited to midpoint and final reports to accompany Contractor invoices (see RFP Section 3.3.1).

H. Meeting facilitation. The selected Offeror shall plan and host virtual meetings between MCA staff and the Contractor throughout the project period. These meetings may include, but are not limited to, a kickoff meeting, training session(s), regular and interim project status calls, and a final wrap-up meeting. The selected Offeror shall furnish notes from each meeting within five (5) business days.

I. Recordkeeping & invoicing. The selected Offeror shall maintain detailed records for the duration of the contract, including staff qualifications and training documentation (see 2.3A), staffing changes, SOPs, meeting notes, etc. The selected Offeror shall submit invoices on the agreed-upon invoicing schedule, aligned with the approved budget, and provide both a summary and a detailed breakdown of charges.

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 call center operations, especially managing multiple incoming calls at once, data collection and reporting, and resolving minor technical issues with software.

B. Prior experience in quickly hiring qualified staff and training staff on call center operations.

2.4.2 Personnel Experience

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

A. The selected Offeror is expected to provide a Project Manager with at least two (2) years of prior experience in call center operations within the past five (5) years.

B. Per COMAR 14.17.04.07, CCL staff must be either (1) a physician, physician assistant, podiatrist, dentist, nurse practitioner, or nurse-midwife, with an active, unrestricted license in good standing with the respective Maryland State Board, and actively registered to prescribe controlled substances in Maryland; (2) a licensed pharmacist in good standing with the State Board of Pharmacy; or (3) a registered nurse or licensed naturopathic doctor in good standing with their respective Maryland State Board and substantive training in medical cannabis topics within the past five (5) years with documentation provided in this proposal. NOTE: If any proposed CCL staff do not meet all of these requirements, the Offeror shall explain how outstanding requirements will be obtained within two weeks of a notice-to-proceed to ensure a timely CCL launch.

https://dsd.maryland.gov/regulations/Pages/14.17.04.07.aspx

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2.4.3 Number of Personnel to Propose

As part of the Proposal evaluation, Offerors shall specify exactly how many staff members are expected to participate in the pilot and their proposed coverage schedule (see 2.3B Staffing Plan), as well as any additional non-clinical administrative staff who may be working on the contract.

2.4.4 Key Personnel Identified

For the Contract, the following positions to be identified in the Technical Proposal will be considered Key Personnel, and shall be required to meet the qualifications stated in Section 2.4 and Appendix

A. Project Manager, serving as a single point of contact for MCA and Lumen/Genesys

B. Clinical Staff for the CCL

2.4.5 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

2.4.6 Work Hours

A. Due to the nature of the CCL pilot, hours will vary and may include evening and weekend shifts.

B. Contractor Personnel may also be required to provide 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.

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 notice to proceed (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.

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2.5.2 Definitions

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

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

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

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, MCA 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

RFP for Maryland Cannabis Administration Page 15 of 51 requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

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

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

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

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

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

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

C. Key Personnel Replacement Due to Sudden Vacancy

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

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

2. Under any of the circumstances set forth in this paragraph 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

RFP for Maryland Cannabis Administration Page 16 of 51 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 termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

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

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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 that the State issues a Notice of Termination.

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 that does not satisfy 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 the 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, 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.

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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. Base period: 50% upon award, 25% at the mid-point with MCA acceptance of an interim report, 25% at the end of the period with MCA acceptance of a final report.

B. Option period billing is expected to follow a similar invoicing schedule.

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

3.3.3 Labor Hour/Time and Materials Invoicing

All labor hour/time and material invoices shall be accompanied by a timesheet signed by the Contract Monitor as described below and notice(s) of acceptance issued by the State: DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf). Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the Contract Monitor.

A. Timesheet Reporting

1. Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month, providing data for all Contractor Personnel/employees/resources working under the Contract.

2. At a minimum, each semi-monthly timesheet shall show:

1. Title: “Time Sheet for <<xxxxx>>”;

2. Issuing company name, address, and telephone number;

3. For each Contractor employee /resource:

1. Contractor employee/resource name, and

2. For each period ending date, e.g., “Period Ending:

mm/dd/yyyy” (Periods run 1st through 15th, and 16th through last day of the month.):

3. Tasks completed that week and the associated deliverable names and ID#s;

4. Number of hours worked each day;

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5. Total number of hours worked that Period;

6. Annual number of hours planned under the Task Order;

7. Annual number of hours worked to date; and

8. Balance of hours remaining;

3. Annual variance to date (Sum of periodic variances); and

4. Signature and date lines for the Contract Monitor.

5. Time sheets shall be submitted to the Contract Monitor prior to invoicing.

The Contract Monitor’s signature on the invoice constitutes authorization to invoice.

B. Materials Reporting

1. Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the RFP.

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

1. The amount invoiced is inconsistent with the Contract;

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

3. The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract;

4. The item or service has not been accepted;

5. The quantity of items delivered is less than the quantity ordered;

6. The items or services do not meet the quality requirements of the

Contract;

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

8. 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

9. 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 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

This section is inapplicable to this RFP.

3.5 Problem Escalation Procedure

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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 d to the satisfaction of the State within appropriate timeframes and must include:

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

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

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

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

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

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

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

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstances that affects the PEP, and at least 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

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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. Pursuant to Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.9 Federal Funding Acknowledgment

This Contract does not contain federal funds.

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 that all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures that apply specifically to Conflicts of Interest, 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)

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

3.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect their potential award of a contract 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. 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.

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.

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

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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 the Contract transitions from one contractor to another, to minimize disruption from the change in contractor, and to maintain the institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in the staffing requirements of Section

2.4 Experience and Personnel working on the State contract shall be free to…