RFB BPM#031645 Mobile Xray Services Onsite 2022-25 DHHC Published 10.12.22.pdf

Maryland Department of Health

Deer’s Head Hospital Center

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

REQUEST FOR BIDS

SOLICITTION # BPM031645

Issue Date: October 12, 2022

MOBILE X-RAY ON-SITE SERVICES

NOTICE

A Prospective Bidder that has received this document from the Department of General Services’ website or https://emaryland.buyspeed.com/bso/, or that has received this document from a source other than the

Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the RFB or other communications can be sent to the

Prospective Bidder.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation https://emaryland.buyspeed.com/bso/

STATE OF MARYLAND

NO BID NOTICE

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer

(see the Key Information Sheet below for contact information).

Title: MOBILE X-RAY ON-SITE SERVICES

Solicitation No: BPM# 031645 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 of Maryland is simply too complicated. (Explain in REMARKS section.)

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

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/Proposal 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: ________________________________________________________________

ATTENTION: PLEASE FAX OR EMAIL ONLY

STATE OF MARYLAND

DEER'S HEAD HOSPITAL CENTER

RFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Mobile X-Ray On-Site Services

Solicitation Number: BPM# 031645

RFB Issue Date: October 12, 2022

RFB Issuing Office: MARYLAND DEPARTMENT OF HEALTH

DEER'S HEAD HOSPITAL CENTER

Procurement Officer: Melane’ Boltz

Deer's Head Hospital Center

351 Deer's Head Hospital Rd., Salisbury, MD 21801

Phone: 410-543-4084 e-mail: melane.boltz@maryland.gov

Contract Monitor: Dr. Robert Coker, Medical Director

Deer's Head Hospital Center

351 Deer's Head Hospital Rd., Salisbury, MD 21801

Phone: 410-543-4098 e-mail: robert.coker@maryland.gov

Term of Service: January 1, 2023, through December 31, 2025

Options None

Bids are to be sent to: Deer's Head Hospital Center

Via eMMA (eMaryland Marketplace Advantage

BPM# 031645

Pre-Bid No Pre-Bid

Closing Date and Time: October 26, 2022, at 2:00 pm Local Time

1.SUMMARY STATEMENT AND GENERAL INFORMATION

1.1 Summary Statement

The Maryland Department of Health, Deer’s Head Hospital Center is issuing this solicitation for the purposes of providing professional on-site bedside mobile x-ray(s) services and diagnostic reading and interpretations of said x-ray(s) for patient/residents who are unable to be transported from DHHC to an imaging center upon Physician's orders

The Department intends to make a single award as a result of this RFB.

1.2 Contract Type

The Contract resulting from this RFB shall be a firm fixed price as defined in COMAR 21.06.03.02

1.3 Term of Contract

The contract resulting from this solicitation shall be for two (2) years beginning on or about January 1, 2023 and ending December 31, 2025, with a zero (0) renewal option.

1.4 Procurement Officer

The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract. The name and contact information of the Procurement Officer are indicated in the RFB Key Information Summary Sheet.

The Department may change the Procurement Officer at any time by written notice.

1.5 Contract Monitor

The Contract Monitor is the State representative for this Contract who is primarily responsible for

Contract administration functions after Contract award.

The name and contact information of the Contract Monitor are indicated in the RFB Key Information

Summary Sheet.

The Department may change the Contract Monitor at any time by written notice.

1.6 eMaryland Marketplace Advantage eMMA is an electronic commerce system for the State of Maryland. The solicitation and Bidder questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be provided via eMMA. In order to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to https://emaryland.buyspeed.com/bso/login.jsp, click on “Register” to begin the process, and then follow the prompts.

1.7 Questions and Inquires

Written questions from prospective Bidders will be accepted by the Procurement Officer and shall be submitted via eMMA to the Procurement Officer indicated in the RFB Key Information Summary Sheet.

Questions are requested to be submitted at least seven (7) days prior to the Bid due date. The Procurement

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

1.8 Procurement Method

This Contract will be awarded in accordance with the Small Procurement method under COMAR

21.05.07.

1.9 Bids – Closing/Due Date

Bids must be received by the Procurement Officer no later than the Bid Due date and time indicated in the RFB Key Information Summary Sheet in order to be considered.

Bids may only be submitted via eMMA (eMaryland Market Place Advantage. Please DO NOT hand delivery any replies to the facility.

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

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening.

1.10 Pre-Bid

There will be not be a pre-bid conference for this solicitation.

1.11 Award Basis

The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the services as specified in this RFB. The most favorable Total Bid Price will be the lowest price total. This will be a single bid award. Any bid exceeding the Small Procurement delegation of fifty thousand dollars

($50,000.00) will not be considered for this solicitation. (Comar 21.05.07.03; 21.05.07.04)

1.12 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1.13 Duration of Bid

Bids submitted in response to this RFB are irrevocable for 120 days following the closing date of the

Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

1.14 Revisions to the RFB

If it becomes necessary to revise this RFB before the due date for Bids, the Department shall provide addenda to all prospective Bidders through eMMA. Addenda will be placed on eMMA within a reasonable time to allow Bidders to consider them in preparing their bids. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids. If the due date for submission of bids does not permit adequate time for consideration of the addenda by

Bidders, the bid due date will be extended.

Bidders should acknowledge receipt of all addenda to this RFB issued before the Bid due date. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the RFB.

1.15 Cancellations

The State reserves the right to cancel this RFB, or accept or reject any and all Bids, in whole or in part, received in response to this RFB.

1.16 Incurred Expense

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

1.17 Mandatory Contractual Terms

By submitting a Bid in response to this RFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this RFB and the Contract, attached herein as Attachment A. Any exceptions to this RFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

1.18 Protest/Disputes

Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

1.19 Bidder Responsibilities

The selected Bidder shall be responsible for rendering services for which it has been selected as required by this RFB. The contract that results from this solicitation may not be subcontracted.

If a Bidder that seeks to perform or provide the services required by this RFB is the subsidiary of another entity, all information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary.

1.20 Substitution of Personnel

If the solicitation requires that particular individual(s) or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which 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.

1.21 Compliance with Laws/Arrearages

By submitting a Bid in response to this RFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award.

1.22 Verification of Registration and Tax Payment

Before a business entity can do business in the State it must be registered with the State Department of

Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West

Preston Street, Baltimore, Maryland 21201. The SDAT website is https://dat.maryland.gov/Pages/default.aspx

It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful

Bidder from final consideration and recommendation for Contract award.

1.23 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

(a) Falsify, conceal, or suppress a material fact by any scheme or device.

(b) Make a false or fraudulent statement or representation of a material fact; or

(c) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under subsection (1) of this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.

1.24 Payment

The Contractor shall choose one method of submission, USPS or email. The Contractor shall submit an original of each invoice and signed authorization to invoice to the Contract Monitor and the Accounts

Payable office.

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

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

1) Contractor name and address;

2) Remittance address;

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

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

https://dat.maryland.gov/Pages/default.aspx

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.

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

Any action on the part of the facility, 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.

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.

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 services have 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; or

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.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION 2 -MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following:

2.1.1 Minimum Requirements:

A minimum of (3) years of experience providing on-site bedside mobile imaging services.

As proof of meeting this requirement, the Bidder shall provide with its Bid;

Three (3) references from the past three (3) years who collectively are able to attest to the

Bidder’s experience in providing on-site bedside x-ray(s) services. References must include the information specified in Section 4 (Bid Format 4.2 References).

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

The MARYLAND DEPARTMENT OF HEALTH - Deer's Head Hospital Center is issuing this

Request for Bids (RFB) to acquire the services of a professional on-site bedside mobile x-ray(s) company, who upon Physician's orders, are capable of performing bedside x-ray’s, diagnostic reading and interpretations of said x-ray(s) for patient/residents whom are unable to be transported from DHHC to an imaging center.

3.2 Scope of Work Requirements

Detailed specifications of work to be performed under this solicitation are as follows:

3.2.1 Personnel Requirements

3.2.1.1 The Contractor shall provide all the necessary current licensed and certified personnel, equipment, and supplies required to deliver on-site bedside mobile x-ray(s) services and medical diagnostic interpretations of said x-ray(s) as directed by DHHC Physicians.

Specifically, the Contractor shall provide the following personnel:

a. The Contractor shall provide a Maryland licensed

Radiologist who has been certified by the American Board of Radiology

Certified Physician’s with a minimum of three (3) years’ experience in reading and interpretations of said x-ray(s). The Contractor shall provide proof of certification and experience at the time of bid submission.

b. The Contract shall provide a Maryland certified Radiological Technologist who has been certified by the American Registry of Radiologic Technologist, to perform the task of taking the required x-ray(s), with a minimum of three

(3) years’ experience taking said x-ray(s) with a mobile machine. The

Contract shall provide proof of certification and experience at the time of bid submission.

c. The Contractor shall have only credentialed Radiologist and Radiologic

Technologists per Joint Commission Standards, and State and Federal

Regulations. The Contractor shall provide proof of certification and experience at the time of bid submission. The Contractor shall have only credentialed Radiologist Physician and Radiologic Technologists per Joint

Commission Standards, State and Federal Regulations.

3.2.1.2 Employees of the Contractor shall remain licensed and/or certified throughout the term of the Contract. The Contractor shall provide the names, position, descriptions and credentials (education, licensure status, competency, and acceptable findings in the

National Practitioners Data Bank Inquiry) of each person employed or used by the

Contractor in the provision of services under this Contract at least 3 Business Days prior to that person’s performing any services under this Contract. The Contractor shall provide proof of credentials upon request by the Contract Monitor at any time such request is made. Verification of credentials, if requested by the Contract Monitor, shall be submitted within 2 Business Days of such request.

3.2.1.3 The Contractor’s Certified Radiological Technologist shall administer the Physician required X-Ray(s), and the Contractor’s Board-Certified Radiologist Physician shall interpret, consult, and write the written reports required by DHHC Physicians.

3.2.1.4 The Contractor shall provide proof to the Contract Monitor that each Contractor personnel has health screenings, medical examination, and up-to-date immunizations, including an annual tuberculosis screening and Covid vaccinations if received by personnel, as defined in this section no less than ten (10) Business Days before he or she begins provision of services under this Contract.

3.2.1.5 All personnel required to provide services under this Contract shall perform continuously for the duration of the Contract, and for so long as performance is satisfactory to the

Contract Monitor. If performance of any personnel is not satisfactory, the Contract

Monitor will give written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). The Contractor shall respond with a written remediation plan within three (3) Business Days and implement the plan immediately upon written acceptance by the Contract Monitor. If performance issues persist, the Contract Monitor will request the immediate removal of the person(s) whose performance is at issue and the Contractor will send another person(s) after prior approval of Contract Monitor.

3.3 Contract Requirements

3.3.1 Scheduling

3.3.1.1 The Contractor shall schedule according to the following:

a. Schedule x-ray(s), "as needed per Physicians orders" and provide x-ray(s) results the same day. This includes weekends. Regular hours are defined as Monday through Friday from 8:00 am to 5:00 pm. After hours are defined as 5:00 pm to 8:00 am and weekends and holidays.

b. The Contractor must respond to emergency requests from the Physician within two (2) hours and provide results within two (2) hours after the emergency x-ray(s) are taken. The Physician or their designee will notify the contractor at the time of the request if it is an emergency request.

3.3.1.2 The Contractor's Radiologist shall telephone verbal reports to DHHC's Physician or

Nurse Practitioner on duty or for after hours, weekends and holidays, to the RN or LPN on duty on the patient(s) floor Completed written reports must be faxed within 24 hours after taking the x-ray(s). The Radiologist shall be required to telephone the Physician, Nurse Practitioner, RN or LPN referenced on the orders within two (2) hours or less in the event of a serious-abnormal reading. The Radiologist shall telephone with critical results per DHHC's policy, which will be supplied to the Contractor before the Go-Live date.

Commented [MSB1]: 9.14.22 Insert Covid, immuniz. and other health requirements here

Commented [MSB2R1]: Added below

3.3.1.3 The Contractor shall provide all imaging reports in typewritten or computerized format.

The Contractor shall provide typed signatures on all imaging reports.

3.3.1.4 The Contractor's software shall interface with DHHC's EMR system so Providers can view X-Ray(s) online. The Contractor shall make available any previous X-Ray(s) required for comparison when previous X-Ray(s) have been taken. The Contractor shall make X-Ray(s) available on disk to DHHC's attending Physician at the time of service.

3.3.1.5 All X-Ray disks and reports after development and reading under the terms of this

Contract shall be the property of the State of Maryland and considered a part of the patient's health care records and will be maintained at DHHC.

3.3.1.6 Contractor shall ensure that all images are readable (i.e., clear, not fuzzy or distorted) on the CD that is provided by the Radiologist prior to leaving the facility. If the Radiologist requires additional images to complete the reading, the Radiologist shall take the additional images at that time and prior to leaving the facility, and at no charge to DHHC.

3.3.2 Immunization & Testing Requirements

3.3.2.1 Immunization

a. COVID Vaccines

-Primary 2-dose (or 1 J&J) and a booster or by most current CDC regulations and/or recommendations

-Not considered up to date without the booster.

-If not up to date will be subject to at least weekly COVID testing.

-Unvaccinated will require a declination approved by HR.

b. Current Flu Vaccine

-For the current season, or prior season if starting after June 30.

-Or Flu vaccine declination.

c. Current Tuberculosis Skin Test / TB Gold Blood Test (Within 1 year)

-Or current signed symptom check.

3.3.2.2 Testing & Entrance to DHHC Facility

a. -All individuals who enter the facility must do so through the designated entrances & be screened.

b. -Screening questions must be answered truthfully to determine their eligibility to enter the facility.

c. -If symptomatic at screening, you may be denied entry to the facility & be required to test.

d. -Testing frequency is dependent upon our current status (routine or outbreak)

e. -Routine testing for COVID individuals who are not up to date according to the

CDC definition will be subject to weekly COVID testing or upon initial entry into the facility as determined by the Infection Control Officer.

f. -Outbreak testing requires all employees regardless of their vaccination status to be tested twice weekly.

3.3.4 Performance Review Requirements:

Contractor shall have a Peer Review program in effect in accordance with the standards required by the American Board of Radiology to assure good quality control and misreads. The Contractor shall provide the Contract Monitor with a copy of the most recent Peer Review results in written format along with a copy of the Quality

Improvement Plan 10 Business Days before the Go-Live Date. The Contractor will continuously send a copy of the Peer Review results and the Quality Improvement Plan to the Contract Monitor for the duration of this Contract.

3.3.5 Education Requirements:

The Contractor shall provide verification of competence annually and credentialing of

Radiologist and Radiologist Technologists within five (5) Business Days upon request by the Contract Monitor.

3.3.6 X-Ray Requisition and Receipts

X-Ray requisitions will be filled out by DHHC, called into the Contractor, and physically left at the Nurses Station located on the patient floor where the X-Ray will be taken, for pickup. The Contractor shall leave receipts after taking the X-Ray(s)at the DHHC

Switchboard.

3.4 Contract Term

The term of this contract is for a period of twenty-four months beginning in January, 2023 and ending in December, 2025.

3.5 Departments Obligations

To provide guidance concerning contract activities, as needed; evaluation and acceptance when appropriate of deliverables; or payment of invoices.

3.6 Contractor-State cooperation

Before any of the work shall begin, the Contractor shall confer with the State’s representative at the site and agree on times, a sequence of procedure, means of access to the premises, space for storage of materials and equipment, use of approaches, use of facilities, etc.

If it becomes necessary to perform work on days or at times other than those indicated above or on holidays, special permission must be obtained in advance from the State’s representative in writing.

State holidays shall be observed by the Contractor and shall include:

New Years Day Labor Day

Martin Luther King Day Columbus Day

Presidents Day Veterans Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day and all other additional days authorized by the Governor, plus official general election holidays.

3.7 Contractors Liability Insurance

Responsibility for Damage Claims

The Contractor shall indemnify and save harmless and defend the State and all of its representatives from all suits, actions, or claims, of any character brought on account of any injuries or damages sustained by any person or property in consequence of any work performed under this Contract either by the Contractor or any subcontractor, or their employees, agents, or representatives.

Liability Insurance

1. The Contractor and its subcontractors shall maintain such insurance as shall protect the Contractor from claims under Workmen’s Compensation Act and the

Federal Employers Liability Act by coverage with insurance companies or by methods acceptable to the State Insurance Commissioner and by no other method, for damages which may arise from operations under this Contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by either of them.

2. The Contractor shall protect the Contractor self and the State from any claims from Bodily Injury, Liability, and Property Damage Liability.

3. The limits for Bodily Injury Liability shall be not less than

$1,000,000/$2,000,000; that is, $1,000,000 is the limit for injury per occurrence and $2,000,000 in the aggregate. The minimum limit for Property Damage

Liability shall be $1,000,000 per occurrence and $2,000,000 for aggregate.

4. The above policies for Bodily Injury and Property Damage Liability Insurance shall be so written as to include Contingent bodily Injury and Property Damage

Liability Insurance to protect the Contractor against claims from the operations of subcontractors.

5. Certificates of the Contractor’s insurance containing evidence of the Hold

Harmless Clause protecting the State of Maryland shall be filed with the

Procurement Coordinator and shall be subject to the approval of the Procurement

Officer for adequacy of protection. No work shall be started at the site until appropriate certificates of insurance are filed and approved by the Procurement

Coordinator.

3.8 Responsibility for damage.

The Contractor shall repair and restore to its original condition any equipment, materials, or surfaces damaged or disturbed by his operations. The Contractor shall be entirely responsible for any loss or damage to his own materials, supplies, and equipment, and to the personal property of his employees while they are on State premises. The Contractor shall be solely responsible for any damage to the building or its contents and for any loss or damage to any property belonging to the owner or the owner’s employees when such loss or damage may be attributable to his actions or negligence or the actions of his employees.

SECTION 4 – BID FORMAT

4.1 Minimum Qualifications Documentation

The bidder shall submit any Minimum Qualifications documentation that may be required as set forth in Section 2 “Bidder Minimum Qualifications.”

4.2 References

At least three (3) references are requested from customers who are capable of documenting the

Bidder’s ability to provide the services specified in the RFB. References used to meet any

Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for whom the Bidder has provided services within the past three

(3) years and shall be completed on the Vendor Reference Form.

SECTION 5 – ATTACHMENTS & APPENDIX

ATTACHMENT A – SAMPLE SMALL PROCUREMENT SHORT FORM

CONTRACT

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the day of , 20 by and between the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF HEALTH (“Department”), and

(“Contractor”) whose principal office in Maryland is and whose principal business address is

(Please note that this template provides to you the clauses that are necessary for all small procurements. Your particular procurement may need additional clauses or provisions, such as those that are typically found in the standard solicitation templates and contracts (e.g., security provisions, rights in records, intellectual property, designation of the contract monitor, etc.)

The parties agree as follows:

1. Scope of Contract.

(a) The Contractor shall provide the following goods or services:

(Insert Contract Specifications here. Any product or service deliverables, milestones, or deadlines must be identified. The specifications must clearly articulate what the State will be purchasing via this contract. Readers should understand exactly what the State is buying. The specifications need to be clearly written so that payment can be made appropriately, work (un)performed can be identified, and the contractual rights of the State can be enforced. If there is a written scope of work/solicitation, you can refer to it here.)

The scope of work or solicitation dated is attached and incorporated by reference as Exhibit . The

Contractor’s bid or proposal dated is attached and incorporated by references as Exhibit . If there

Is any conflict between this Contract and any exhibits incorporated by reference, the terms of this contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision:

Exhibit A – the scope of work or solicitation and Exhibit B – the Contractor’s bid or proposal.

(b) Changes. This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

2. Term of Contract. The term of this Contract shall be for the period of

, 20 through , 20 .

3. Compensation and Method of Payment.

(a) Compensation. The total compensation for services to be rendered by the Contractor shall not exceed $50,000. (Insert the appropriate dollar amount for this Contract. The amount may not exceed $50,000 annually for small procurements.)

(b) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and

Procurement Article, Maryland Code, are prohibited.

(c) Tax Identification Number. The Contractor’s Federal Tax Identification Number is

. The Contractor’s Social Security Number is

(Individual Contractor Only). Contractor’s Federal Tax Identification Number (or

Social Security Number - Individual Contractor Only) shall appear on all invoices submitted by the Contractor to the Department for payment.

(d) Invoicing. All invoices for services shall be signed by the Contractor and submitted to the Procurement Officer. All invoices shall be submitted in triplicate no later than the 15th of the month for the preceding calendar month. (The invoice schedule may be adjusted to meet your particular needs. The 15th of the month billing cycle is fairly typical, but not required.) All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

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

• Goods or services provided; and

• Amount due.

Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.

4. Procurement Officer. The Department designates to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this

Contract shall be coordinated through the Procurement Officer.

5. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

6. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the

Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

7. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the

Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

8. Termination for Nonappropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

9. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and Procurement Article, Maryland Code and Code of

Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement

Article, Maryland Code.

10. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform

Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any software license acquired hereunder.

11. Anti-Bribery. The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

CONTRACTOR STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

(Seal)

By: By:

(Printed Name and Title) (Printed Name and Title)

Date Date

Attachments: Exhibit A: Scope of Work or Solicitation

Exhibit B: Bid or Proposal

ATTACHMENT B - BID INSTRUCTIONS

B-1 Bid Instructions

To assist each Bidder in the preparation of its Bid and to comply with the requirements of this solicitation, Bid

Instructions have been prepared. Each Bidder shall submit its Bid in accordance with the instructions as specified herein. All bids should be submitted in the eMMA solicitation bid tab section.

The Bid is used to calculate the Bidder’s TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form in eMMA:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15.

B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this RFB and may not be contingent on any other factor or condition in any manner.

C) Except as instructed on the Bid Form in eMMA, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions may render the Bid not responsive.

D) It is imperative that the prices included on the Bid Form in eMMA have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.02.12, and may cause the Bid to be rejected.

E) All Bid prices are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the RFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully loaded rates; no overtime amounts will be paid.

F) Unless indicated elsewhere in the RFB, sample amounts used for calculations on the Bid Form are typically estimates for evaluation purposes only. Unless stated otherwise in the RFB, the Agency does not guarantee a minimum or maximum number of units or usage in the performance of the Contract.

G) Failure to adhere to any of these instructions may result in the Bid being determined not responsive.

ATTACHMENT C - BID PROPOSAL AFFIDAVIT

Attachment C: Bid Proposal Affidavit: AttachmentC-Bid_Proposal-Affidavit.pdf (maryland.gov)

ATTACHMENT H - CONFLICT OF INTEREST AFFIDAVIT

Attachment H: Conflict of Interest Affidavit AttachmentC-Bid_Proposal-Affidavit.pdf (maryland.gov)

ATTACHMENT J - HIPPA BUSINESS ASSOCIATE AGREEMENT

Attachment J: HIPAA Business Associate Agreement AttachmentC-Bid_Proposal-Affidavit.pdf (maryland.gov)

ATTACHMENT N - CONTRACT AFFIDAVIT

Attachment N: Contract Affidavit Attachment N – Contract Affidavit (maryland.gov)

ATTACHMENT P – VENDOR PERFMANCE EVALUATION FORM

The PDF document for this form will be attached to the solicitation in the eMMA portal.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2020/03/Attachment-N-Affidavit.pdf