RFP #1184597.pdf

RFP #1184597

Revised 07/2022 1

REQUEST FOR PROPOSALS

RFP# 1184597

Pre-Trial Assessment Tool Revalidation

8/11/2025

Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods, services, or construction, as outlined in this document.

Vendor must electronically submit their proposal no later than 3:00 pm on Tuesday, September 9 2025 through www.bidnetdirect.com/maryland/montgomerycounty. Vendors must register with BidNet Direct in order to view and respond to this solicitation. Visit www.bidnetdirect.com and click on the link to register at no charge. Follow the registration path and select the "Limited Access" option which will provide you with an automatic e-mail notification at no charge. If you need help registering, please call BidNet Direct’s Support Department at 800- 835- 4603, Option 2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal. The County will not accept proposals submitted after the due date and time.

There will not be an optional pre-submission conference.

The County will not accept proposals it receives by fax, email, mail, or personal delivery. All faxed, emailed, mailed, or personally delivered proposals will be returned to the vendor.

Should you have any questions regarding the technical information, or the scope of services contained in this solicitation, contact Willie Morales at willie.morales@montgomerycountymd.gov

Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, contact Eli Fuhrman at (240) 777-9919 or Eli.Fuhrman@montgomerycountymd.gov.

(The Office of Procurement will check one of the boxes below to indicate whether this RFP is a services contract, a Construction Contract, or neither and if it is NOT subject to the Local Business Preference)

This RFP is NOT subject to the Local Business Preference (LBP) (https://www.montgomerycountymd.gov/PRO/dbrc/local-business-preference.html)

This is a Services Contract (see Section A, Services Contract):

Non-Professional Services

X Professional Services

X or

This is a Construction Contract (http://www.montgomerycountymd.gov/PrevailingWage):

or

This is not a Services Contract (disregard Section A, Services Contract) and is not a Construction Contract:

http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/ mailto:willie.morales@montgomerycountymd.gov https://www.montgomerycountymd.gov/PRO/dbrc/local-business-preference.html http://www.montgomerycountymd.gov/PrevailingWage

Revised 07/2022 2

Notice to Offerors

Request for Proposals #1184597 for

Pre-Trial Assessment Tool Revalidation

This solicitation may be subject to the County’s Wage Requirements Law (WRL), which applies to service contracts.

• If this solicitation is subject to the WRL, then the appropriate space will be marked in the box denoting “This is a Services Contract”, at the bottom of the RFP cover page

• In this event, the “Wage Requirements for Services Contract Addendum” will apply to the resultant contract (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

1) In order to be compliant with the Wage Requirements Law an Offeror must submit with its proposal the following:

(a) Completed Wage Requirements Certification form (This form is contained in the PMMD-177

Web-link above).

(b) If applicable, 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance form

(This form is contained in the PMMD-177 Web-link above).

Offeror’s failure to complete and submit the required material information on the Wage Requirements form(s) may result in offeror’s proposal being unacceptable and rejected.

NOTE: You can find the current mandatory payroll reporting requirements, and the wage rate per hour that a County contractor must pay to its employees, under Section 11B-33A of the County Code, at (www.montgomerycountymd.gov/WRL). The WRL is available at the same website.

If there is a need for sign-language interpretation and/or other special accommodations, it is requested that at least five (5) days advanced notice be provided to the County’s Office of Procurement contact on page 1.

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL

Revised 07/2022 3

TABLE OF CONTENTS

1. ACKNOWLEDGMENT 4

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS 4

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS 4

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES 5

5. SECTION B - SCOPE OF SERVICES: 12

6. SECTION C - PERFORMANCE PERIOD 14

7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA 14

8 SECTION E - SUBMISSIONS 15

9 SECTION F - COMPENSATION 17

10 SECTION G - CONTRACT ADMINISTRATOR 17

11 SECTION H - SPECIAL TERMS AND CONDITIONS 17

12 SECTION I - ETHICS 17

13 SECTION J - GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 18

Attachments

A. References A1 B. Cost and Price Requirements B1 C. Mandatory Insurance Requirements C1

Web-links for Documents and Forms

1. Central Vendor Registration System (www.mcipcc.net)

2. Frequently Asked Questions, Procurement (https://www.montgomerycountymd.gov/pro/help.html)

3. MD-SDAT (https://dat.maryland.gov/Pages/default.aspx) and (http://dat.maryland.gov/businesses/Pages/Frequently-

Asked-Forfeiture-Questions.aspx).

4. Mid-Atlantic Purchasing Team Rider Clause (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

147B.pdf)

5. Minority Business Program & Offeror’s Representation and Sample MFD Report of Payments Received

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

6. Minority, Female, Disabled Person Participation Evaluation Points: Requirements and Examples (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

7. Minority, Female, Disabled Person Program Information (www.montgomerycountymd.gov/MFD)

8. Minority, Female, Disabled Person Subcontractor Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf)

9. Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

10. Offeror’s Certification of Cost & Price for Contracts Above $100,000

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

11. Prevailing Wage Requirements for Construction Contract Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

12. Prevailing Wage Requirements Information (www.montgomerycountymd.gov/PrevailingWage)

13. Solicitation Postings and Amendments (http://www.montgomerycountymd.gov/pro/solicitations)

14. Wage Requirement Law Payroll Reporting (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

183.pdf)

15. Wage Requirements Certification Form and 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health

Insurance Form (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

16. Wage Requirements for Services Contracts Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

17. Wage Requirements Law Information (www.montgomerycountymd.gov/PRO/DBRC/WRL.html)

18. Wage Requirements Law, Independent Contractor Certification

(https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf)

19. Local Business Subcontracting Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf)

20. Prevailing Wage Local Hiring Report

(http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

21. Prevailing Wage Law Local Hiring Attestation

(http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf) http://www.mcipcc.net/ http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/pro/solicitations http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf

Revised 07/2022 4

Montgomery County, Maryland Acknowledgment Page

1. ACKNOWLEDGMENT

The offeror must include a signed acknowledgment that all the provisions, terms and conditions of this solicitation are agreeable to the offeror and may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Offers that do not include such an acknowledgment may be rejected. Executing and returning (with the offer) the acknowledgment shown below will satisfy this requirement.

The undersigned agrees that all the provisions, terms and conditions of this solicitation may, at the County's option, be made applicable in any contract issued as a result of this solicitation.

Business Firm's Legal Name (printed):

Printed Name, Title and E-Mail of Person Authorized to Sign Proposal:

Signature: Date:

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS

The correct and full legal business name of the offeror must be used in proposals received and on all contracts issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the legal name is different. Corporations must have names that comply with State law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading as) or “d/b/a’ (doing business as), respectively. The offeror’s signature on the proposal, contract, amendment(s) or related correspondence, must conform to the following:

All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of this offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS

The Offeror acknowledges receipt of the following amendment(s) to the solicitation:

Amendment Number Date

Revised 07/2022 5

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

The following provisions are applicable to this solicitation:

4.1. Instructions:

4.1.1. Registered Vendor

4.1.1.1. The first step in doing business with Montgomery County is to become a registered vendor in the on-line Central Vendor Registration System (CVRS). Go to the following website to register: (www.mcipcc.net)

4.1.2. Acknowledgement

4.1.2.1. The offeror must include the signed Acknowledgment page indicating agreement with all the provisions, terms and conditions of this solicitation.

4.1.3. Optional Pre-Submission Conference

4.1.3.1. If a Pre-Submission Conference is held, it is recommended that prospective offerors attend this pre-submission conference. For information regarding the date, time, and place of the conference, please see page 1 of this solicitation.

4.1.4. Proposals

4.1.4.1. Vendor must electronically submit their proposal through www.bidnetdirect.com/maryland/montgomerycounty. Proposals received after the date and time specified will not be considered and will be denied by the BidNet application.

4.1.4.2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal.

4.1.5. Proposal Withdrawal/Modification

4.1.5.1. Vendor can withdraw and make edits to a proposal before a solicitation’s closing date and time. To withdraw your proposal, log into www.bidnetdirect.com/maryland/montgomerycounty and click “Solicitations” then “Bid Management” and follow the withdrawal process. If you need help withdrawing your proposal, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2.

Your withdrawal and resubmission must occur before the closing date and time.

4.1.6. Questions

4.1.6.1. All technical and non-technical questions pertaining to this solicitation are to be directed to the individuals whose names are indicated on Page 1 of this solicitation.

4.1.6.2. The Office of Procurement has an electronic ”Frequently Asked Questions” section on its website that may answer your questions:

(https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html)

4.1.7. Obtaining Solicitation Amendments

4.1.7.1. What are they?

When the County determines that material changes to the solicitation document or material information needs to be disseminated to Offerors it will issue a formal amendment to a solicitation. However, not all solicitations will need an amendment.

Any information given to an offeror in response to a request will be furnished to all offerors as an amendment to this solicitation, if such information is deemed necessary for the preparation of solicitations, or if the lack of such information would be detrimental to the uninformed offerors. Such amendments only, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

4.1.7.2. How do I identify if a solicitation has an amendment?

http://www.mcipcc.net/ http://www.bidnetdirect.com/maryland/montgomerycounty https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html

Revised 07/2022 6

Offerors are responsible for checking the website at https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html periodically to remain informed of any solicitation amendments. Solicitation amendments may occur any time prior to the proposal due date and time. As a courtesy, the Office of Procurement may email solicitation amendments to holders of record with valid email addresses. However, it is the responsibility of the offeror to frequently visit the Office of Procurement’s website to obtain solicitation amendments.

4.1.7.3. What am I required to do for the Amendment?

OFFERORS MUST ACKNOWLEDGE RECEIPT OF SUCH SOLICITATION

AMENDMENTS, to the place designated, and prior to the hour and date specified in the solicitation (as amended) for receipt of offers. This can be easily done in at least one of the following ways:

4.1.7.3.1. By filling-in the “Amendment Number” and “Date” of the amendment(s) under the Acknowledgment of Solicitation Amendments title; or

4.1.7.3.2. By returning one signed copy of the amendment with the Offeror’s response to the solicitation

4.1.8. Maryland State Department of Assessments & Taxation (MD-SDAT)

4.1.8.1. Vendors doing business in the State of Maryland are required to be in ‘Good Standing’ with MD-SDAT; this may not be applicable for individuals, sole proprietorships or partnerships.

4.1.8.2. The County will require, if applicable, a copy of a Certificate of Good Standing from SDAT prior to entering into a contract with your firm.

4.1.8.3. The County will verify this status on the MD-SDAT website.

4.1.8.4. If your firm has a ‘Forfeit’ status from MD-SDAT the County cannot enter into a contract with your firm until this status has been rectified with the MD-SDAT.

4.1.8.5. If this status is not rectified in a timely manner with MD-SDAT, then your firm maybe declared non-responsible and your proposal will be rejected.

4.1.8.6. Information can be found at: (https://dat.maryland.gov/Pages/default.aspx) and

(http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

4.2. Conditions

4.2.1. Acceptance Time

4.2.1.1. By submission of a proposal under this solicitation, the offeror agrees that County has

180 days after the due date in order to accept the proposal. The County reserves the right to reject, as unacceptable, any offer that specifies less than 180 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended.

4.2.2. Contract Documents

The following documents will be incorporated into the contract resulting from this solicitation:

4.2.2.1. General Conditions of Contract between County & Contractor (Section J)

4.2.2.2. Minority-owned Business Addendum to the General Conditions of Contract between

County & Contractor and its companion document entitled, “Minority, Female, Disabled Person Subcontractor Performance Plan”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

4.2.2.3. Offeror’s Certification of Cost & Price (for contracts above $100,000.)

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

4.2.2.4. Wage Requirements Law (WRL) for Services Addendum to the General Conditions of Contract between the County and Contractor and its companion documents entitled, “Wage Requirements Certification”, and “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf) http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/OBRC/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf

Revised 07/2022 7

4.2.2.5. All representations and certifications listed in this document.

4.2.2.6. Mandatory Insurance Requirements.

4.2.2.7. Prevailing Wage Requirements (only for a construction contract between the County and Contractor).

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

4.2.2.8. Prevailing Wage Local Hiring Report. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

4.2.2.9. Prevailing Wage Law Local Hiring Attestation. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf)

4.2.3. Determination of Responsibility

4.2.3.1. The Offeror has the burden of demonstrating, affirmatively, its responsibility in connection with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider an offeror non-responsible who has previously failed to perform properly or to complete contracts, in a timely manner, or if investigation shows the offeror is unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Office of Procurement or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure of an offeror to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror.

4.2.3.2. The Director may deny the award, renewal, or assignment of a contract to or for any offeror who is in default of payment of any money due the County.

4.2.3.3. The factors that may be considered in connection with a determination of responsibility include, but are not limited to:

4.2.3.3.1. The ability, capacity, organization, facilities, and skill of the offeror to perform the contract or provide the goods, services, or construction (“work”) required.

4.2.3.3.2. The ability of the offeror to perform the contract or provide the work within the time specified without delay, interruption or interference.

4.2.3.3.3. The integrity, reputation and experience of the offeror and its key personnel.

4.2.3.3.4. The quality of performance of previous contracts or work for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility.

4.2.3.3.5. The offeror’s previous and existing compliance with laws and ordinances relating to the contract or work.

4.2.3.3.6. The sufficiency of financial resources of the offeror to perform the contract or provide the work.

4.2.3.3.7. The certification of an appropriate accounting system, if required by the contract type.

4.2.3.3.8. Past debarment or suspension by the County or other governmental entity.

4.2.4. Joint Procurement

4.2.4.1. The following entities within Montgomery County must be able to purchase directly from any contract resulting from this Solicitation:

4.2.4.1.1. Maryland-National Capital Park & Planning Commission (M-NCPPC);

4.2.4.1.2. Montgomery College (MC);

4.2.4.1.3. Montgomery County Public Schools (MCPS);

4.2.4.1.4. Montgomery County Revenue Authority;

4.2.4.1.5. Montgomery County Housing Opportunities Commission (HOC);

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf

Revised 07/2022 8

4.2.4.1.6. Washington Suburban Sanitary Commission (WSSC); and

4.2.4.1.7. Municipalities & Special Tax Districts in Montgomery County.

4.2.4.2. While this RFP is prepared on behalf of Montgomery County, it is intended to apply for the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful vendor under the same prices and goods and/or services of the contract with Montgomery County, in accordance with each entity's respective laws and regulations, or an entity may choose not to procure from the successful bidder at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the bid. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each entity above will be solely responsible for and contract directly with the bidder under the entity’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g. Montgomery County Public Schools educational discounts) SHOULD BE OFFERED TO THAT ENTITY.

4.2.5. Late Proposals

4.2.5.1. Proposals in response to this solicitation received after the due date and time specified in the solicitation are considered late and will not, under any circumstances, be considered for any award resulting from the Solicitation.

4.2.6. Minority, Female, Disabled Person Program Compliance

4.2.6.1. Under County law, this solicitation is subject to the Montgomery County Code (Part II.

Chapter 11B.Article XIV) and the Montgomery County Procurement Regulations (COMCOR 11B.00.01.07) regarding participation in the Minority-Female-Disabled Person (MFD) procurement program.

4.2.6.2. Information regarding the County’s MFD program can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/MFD) Entitled “Minority-owned Business Addendum to the General Conditions of Contract between County and Contractor”.

4.2.6.3. The companion document entitled “Minority, Female, disabled Person Subcontractor Performance Plan” can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

4.2.7. Montgomery County Code and Procurement Regulations

4.2.7.1. The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

4.2.8. Payment Terms

4.2.8.1. The County’s payment terms are net thirty (30) days.

4.2.8.2. The County is expressly permitted to pay the vendor for any or all goods, services, or construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf

Revised 07/2022 9

4.2.9. Prevailing Wage (County Code Sections 11B-33-C and 20-75)

4.2.9.1. The Prevailing Wage Law applies to all construction contracts and to mechanical systems services contracts that meet minimum threshold contract values. Unless otherwise excluded by County law, a County-financed construction contract and a mechanical systems service contract that meet minimum threshold contract values are subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements can be reviewed at:

(www.montgomerycountymd.gov/PrevailingWage).

4.2.9.2. An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

4.2.10. Qualification of Offerors

4.2.10.1. Offerors may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or are regularly engaged in performing the services for which they are submitting a proposal, and that they maintain a regularly established place of business.

4.2.10.2. An authorized representative of the County may visit any prospective contractor's plant, place of business or place where the services are performed to determine ability, capacity, reliability, financial stability and other factor(s) necessary to perform the contract.

4.2.10.3. Upon the County’s request, an offeror must submit information about its reputation, past performance, business and financial capability, and other factors to demonstrate that the offeror is capable of satisfying the County’s needs and requirements for this solicitation.

4.2.11. Services Contract (County Code 11B-33A)

4.2.11.1. Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements related to wage amounts that contractor must pay its employees. If an offeror fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable and rejected under County law.

4.2.11.2. Information regarding the County’s Wage Requirements Law (WRL) can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/WRL).

Contractor must comply with the “Wage Requirements Law (WRL) for Services Contracts Addendum to The General Conditions of Contract between County and Contractor”, which can be found included with the Wage Requirements Certification form at the website below.

4.2.11.3. The companion document entitled “Wage Requirements Certification” form can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

4.3. Notices

4.3.1. Proprietary & Confidential Information

4.3.1.1. This is to notify prospective offerors that the County has unlimited data rights regarding proposals submitted in response to its solicitations. “Unlimited data rights” means that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/WRL

Revised 07/2022 10 publicly any information submitted by offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information, as defined by the Maryland Information Act (MPIA), Md. Code Ann., Gen. Prov. §§ 4-101 through 4-601, will be exempted from disclosure if the offeror can show that release of such information would cause substantial competitive harm to the offeror.

4.3.1.2. It is the responsibility of the offeror to clearly identify each part of the offer that it believes is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with large boldface letters stating the words "confidential" or “proprietary.” However, the County, by law, must apply the MPIA’s requirements for public information disclosure deemed proprietary and confidential;

therefore, even information marked as such by the Offeror may still require public disclosure.

4.3.1.3. The offeror agrees, with regard to any portion of the proposal that is not stamped as proprietary or confidential, that it expressly permits the County to deem it not to be proprietary or confidential, and to release the information to the public in accordance with the MPIA.

4.3.2. Protests

4.3.2.1. Any Offeror who is aggrieved (see 4.3.2.5 below) may file a protest. Any Offeror who is aggrieved in connection with a formal solicitation must deliver a written protest to the Director, Office of Procurement: (a) within ten (10) days after the Director, Office of Procurement, publicly posts the proposed contract award, if the offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the solicitation proposal submission due date and time, if the offeror seeks as a remedy the cancellation or amendment of the solicitation.

4.3.2.2. Each protest must contain a protest filing fee in the amount of $500 (US currency). If the fee is paid by check, the check must be made out to “Montgomery County Government”.

4.3.2.3. The Director, Office of Procurement, may return the filing fee to the protesting offeror, if the protest is sustained.

4.3.2.4. The Director, Office of Procurement, must dismiss any protest not timely received.

4.3.2.5. Only an offeror who is “aggrieved” may file a protest. “Aggrieved” means that the offeror who files the protest can demonstrate it may be eligible for an award of the contract if the protest is sustained.

4.3.2.6. Each protest must contain the following:

4.3.2.6.1. Identification of the solicitation;

4.3.2.6.2. Offeror Name;

4.3.2.6.3. Offeror Address;

4.3.2.6.4. Offeror Email Address;

4.3.2.6.5. Offeror Telephone Number;

4.3.2.6.6. Statement supporting that the Offeror is aggrieved;

4.3.2.6.7. Specification of all grounds for the protest;

4.3.2.6.8. Submission of detailed facts and all relevant documents;

4.3.2.6.9. Citation to relevant language in the solicitation, regulations, or law relied upon; and,

4.3.2.6.10. All other matters which the Offeror contends support its protest

4.3.2.7. The burden of production of all relevant evidence, data, and documents, and the burden of persuasion, to support the protest is on the offeror making the protest.

4.3.3. Public Posting

Revised 07/2022 11

4.3.3.1. It is the responsibility of the offeror, per Section 3.2.2 of the Procurement Regulations, to keep informed of the current status of any proposed award for a contract in which the offeror is interested.

4.3.3.2. Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a public posting of the proposed awardee(s).

4.3.3.3. Information regarding the proposed award under this solicitation, or any solicitation issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at:

https://www.montgomerycountymd.gov/PRO/solicitations, and at the Office of Procurement, 27 Courthouse Square, Ste 330, Rockville, Maryland 20850.

4.3.4. Solicitation Preparation Expenses

4.3.4.1. All costs incurred in the preparation and submission of an offeror’s proposal will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County.

4.3.5. Tie Scoring

4.3.5.1. In case of a tie in the numerical Qualification and Selection Committee scoring, the tie will be resolved by offering the proposed contract to the offeror who has its principal place of business in Montgomery County, Maryland. If there is a tie between two or more offers, each of whom have its principal place of business in Montgomery County, Maryland, then the tie will be resolved in accordance with the criteria stated under Procurement Regulation 4.1.2.4(f); See Procurement Regulations at:

(https://www.montgomerycountymd.gov/pro/help.html)

4.3.6. Verbal Explanations

4.3.6.1. Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this or any other solicitation will not be binding on the County.

4.3.7. Health Insurance Preference

4.3.7.1. Only a proposal from a Certified Small Business with Health Insurance that submits a certificate issued by Montgomery County Department of Health and Human Services at the date and time of proposal submission will received a % evaluation factor that will be utilized to recalculate an Offeror’s QSC written or interview score(s) for the Method of Award process, in accordance with the criteria stated under Procurement Regulation 11B.77.01.06; See Procurement Regulations at:

https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html

4.3.8 Local Business Preference

4.3.8.1 Only an Offeror who: (1) has a valid local business certification when the business submits a timely proposal; or (2) has applied for local business certification prior to the due date/time to submit a proposal, will receive an evaluation factor worth 10% of the total points under an RFP, in accordance with Executive Regulations 13-20. Also, refer to: https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html.

END SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

https://www.montgomerycountymd.gov/PRO/solicitations/ https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html

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5. SECTION B - SCOPE OF SERVICES:

5.1. Background

The Department of Correction and Rehabilitation, Community Corrections Division, provides pre-trial and pre-release services. Pre-Trial Services utilizes an evidence-based risk assessment tool to determine the eligibility of a defendant for pretrial release and a level of supervision assessment to determine the supervision levels required for defendants. These tools require periodic evaluation and revalidation pursuant to §5–103 (a) (b) of the State of Maryland criminal procedures.

5.2. Intent

The intent of this solicitation is to contract with an experienced company or professional with technical expertise to evaluate and revalidate the Pre-Trial Services risk assessment and supervision tools;

and design and implement modifications or new tools as requested by the Department of Corrections and Rehabilitation.

5.3. Scope of Services/Specifications/Work Statement

A. Offerors must have expertise and experience in creating evidenced-based pre-trial risk assessments and level of supervision assessments, and have expertise and experience in demographic data analysis, and experience with the Oracle database platform.

B. Offerors must have general knowledge of criminal justice systems for the purpose and types of data produced and shared by these systems. Community Corrections utilizes three criminal justice application systems:

• Correction and Rehabilitation Information Management System (CRIMS) for offender booking.

• Jail Management System (JMS) for jail information.

• Criminal Justice Case Management System (CJCMS) for case management.

C. Offerors must revalidate the Pre-Trial Risk Assessment tool to ensure that the data inputs provide evidence based and statistically verified recommendations to guide decisions on Pre-Trial program eligibility and community supervision. The revalidation must provide at least:

1. An assessment of criminal history data, demographics, and other risk factors for accuracy, relevance and predictive capacity.

2. An assessment of bias, screener error, and other mitigating factors on the tool’s predictive accuracy and relevance.

3. Identification of anomalies, or flaws and options to mitigate.

D. Offerors must evaluate the Pre-Trial Supervision tool to ensure that the data inputs provide evidence based and statistically verified recommendations to guide decisions on the level of community supervision for Pre-Trial participants. The evaluation must entail at least:

1. An evaluation of the criminal history data, demographics, and other risk factors for accuracy, relevance and predictive capacity.

2. An evaluation of bias, screener error, and other mitigating factors on the tool’s predictive accuracy and relevance.

3. Identification of anomalies, or flaws and options to mitigate.

E. Offerors must convert the paper forms used for Pre-Trial and supervision assessments into web-based searchable forms. The new forms must automate the assessment processes, reduce errors, and promote consistency, and efficiency. Offeror may propose one dual-purpose form or two separate forms whichever best achieves Community Corrections’ objectives.

F. Offerors must provide a written report on the outcome of the revalidation of the Pre-Trial Risk Assessment Tool. Offerors must also provide a report of the supervision tool evaluation. Both

Revised 07/2022 13 reports must be provided within three (3) months after the revalidation and review work are completed. The reports must include at least the following:

1. Description of the methodology and results

2. Explanation on how to interpret results that can also be used for training

3. Recommendations for improvement

G. Within twelve (12) months and no longer than eighteen (18) months after the submission of the final reports on the results of the revalidation of the Pre-Trial Risk Assessment tool and the evaluation of the Pre-Trial Supervision tool, the Offeror must test the performance of each tool to ensure the tools are performing and meeting expectations.

5.4. Contractor’s Qualifications

A. The Offeror’s technical expertise must meet at least one of the following technical skills requirements:

1. At least five years of experience devising or creating pre-trial assessments for evidenced based determination of supervision requirements for defendants.

2. At least three years of experience in applying advanced statistical analysis within criminal justice and / or correctional settings.

3. At least 1 year of experience applying research methods within criminal justice and / or correctional settings with the use of SPSS, R-squared, and other inferential statistical modeling.

B. The Offeror’s expertise and experience in demographic data analysis must meet at least one of the following analytical skills requirements:

1. A minimum of five years devising or creating pre-trial assessments that include metric evaluations for diversity, equity, and inclusion

2. A minimum of three years of experience in applying advanced statistical analysis within criminal justice and / or correctional settings

3. A minimum of 1 year in applying research methods within criminal justice and / or correctional settings with the use of SPSS, R-squared, and other inferential statistical modeling.

C. The Offeror’s expertise and experience utilizing Oracle data platform must include the following capabilities:

1. Experience in querying an organization’s sentencing data.

2. Expertise in validating existing data sets and outcomes.

5.5. Contractor’s Responsibility

5.6. County’s Responsibility

The three criminal justice applications use the Oracle database platform. Offender data is shared amongst the three databases using the Enterprise Service Bus (ESB) solution. The case management system also has an interface from the State of Maryland Judicial Information Systems for offender court case records, court events, bond information, charges, and sentences. The data will be provided in Comma Separated Values (CSV) or Microsoft Excel. Offender data will be stored on Montgomery County Microsoft Team Private Channel. Offender data will exclude Personally Identifiable Information (PII).

5.7. Reports/Deliverables

A. Revalidation outcome and recommendations for the Pre-Trial Risk Assessment Tool. Evaluation and recommendations for the Supervision tool.

B. Training manuals for use and interpretation of the Pre-Trial Risk Assessment Tool and Supervision

Assessment Tool.

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6. SECTION C - PERFORMANCE PERIOD

6.1. TERM

The effective date of this Contract begins upon signature by the Director, Office of Procurement.

The period in which Contractor must perform all work under the Contract begins on the Contract’s effective date and ends after a One (1) year period. Contractor must also perform all work in accordance with time periods stated in the Scope of Work. Before this term for performance ends, the Director at his/her sole option may (but is not required to) renew the term. Contractor’s satisfactory performance does not guarantee a renewal of the term. The Director may exercise this option to renew this term one (1) time for one (1) year.

7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA

7.1 PROCEDURES

7.1.1. Upon receipt of proposals, the Qualification and Selection Committee (QSC) will review and evaluate all proposals in accordance with the evaluation criteria listed below under Section D.7.1.9.a. The QSC will make its award recommendation of the highest ranked offeror based on the QSC’s combined written and interview scores, and its responsibility determination.

7.1.2. Vendor interviews will be conducted with the two highest scoring offerors based on the QSC’s score for each written proposal. The interview criteria that will then be utilized are listed below under Section D.7.1.9.b. The QSC will also review an offeror for responsibility.

7.1.3. The QSC will make its award recommendation of the highest ranked offeror based on the QSC’s combined written and interview scores, and its responsibility determination

7.1.4. The Using Department Head will review and forward the QSC recommendation with concurrence, objection, or amendment to the Director, Office of Procurement.

7.1.5. The Director, Office of Procurement, may approve, approve with conditions, or reject the Using Department Head’s recommendation.

7.1.6. Upon approval of a recommended award to a proposed awardee(s), by the Director, Office of Procurement, the County will enter into negotiations with the proposed awardee(s). If a contract cannot be successfully negotiated with the proposed awardee(s), the Using Department will proceed to negotiations with the next highest ranked offeror after obtaining approval from the Director. If the Director approves, negotiations may be held simultaneously or successively with one or more offerors prior to making an award.

7.1.7. After the successful conclusion of negotiations, the Director will publicly post the name(s) of the proposed awardee(s).

7.1.8. The County reserves the right to cancel the solicitation. The solicitation cancellation will be publicly posted.

7.1.9. EVALUATION CRITERIA POINTS

a. Written Proposal Evaluation Criteria

The QSC will evaluate the written proposals based on the following criteria.

1. Offeror has the expertise and experience creating evidence-based pre-trial risk assessments for determination of Pre-Trial release program eligibility and community level of supervision requirements. Offeror has expertise and experience in demographic data analysis, and experience with Oracle databases. Offeror has general knowledge of criminal justice systems for the purpose and types of data produced and shared by these systems. 25

2. Offeror can revalidate the Pre-Trial Risk Assessment tool to ensure that the data inputs provide evidence based and statistically verified recommendations. The revalidation includes all items listed in paragraph C lines 1-3.

Revised 07/2022 15

3. Offeror can evaluate the Pre-Trial Supervision tool to ensure that the data inputs provide evidence based and statistically verified recommendations.

The evaluation includes all items listed in paragraph D lines 1-3 10

4. Offeror can convert the paper forms into web-based searchable forms that reduce errors, and promote consistency, and efficiency. 4

5. Offeror can provide written reports on the outcomes of the revalidation of the Pre-Trial Risk Assessment Tool and evaluation of the supervision tool evaluation within three (3) months after the review is completed. 5

6. Offeror can test the performance of each assessment tool to ensure the tools are performing and meet expectations within 12 -18 months after the final report is issued. 10

7. Cost 11

8. Local Business Preference (LBP) 10

9. MFD Participation* (Must EXCEED set % goal of applicable purchasing category) 10

Highest possible QSC score for written proposal evaluation: 100

b. Interview Evaluation Criteria The QSC will evaluate the interviews based on the following criteria.

1. Review / discuss specific knowledge and experience with criminal justice systems and criminal history data, creating evidence-based pre-trial risk assessments, demographic data analysis, SPSS, R-squared, and other inferential statistical modeling and experience with Oracle databases. 30

2. Discuss approach / methodology offeror is proposing to revalidate the Pre- Trial Risk Assessment tool and include examples of an outcome report and training manual. 25

3. Review / demonstrate examples of ability to convert manual paper forms into web-based forms or automated user interface for an assessment tool. 14

2. Cost 11

4. Local Business Preference (LBP) 10

5. MFD Participation* (Must EXCEED set % goal of applicable purchasing category) 10

Highest possible QSC score for interview evaluation: 100 *MFD Participation Requirements and Examples: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

8 SECTION E - SUBMISSIONS

8.1 PROPOSAL SUBMISSIONS

FAILURE OF AN OFFEROR TO SUBMIT ALL REQUIRED PROPOSAL SUBMISSIONS MAY RENDER

ITS PROPOSAL UNACCEPTABLE AS DETERMINED BY THE DIRECTOR, OFFICE OF

PROCUREMENT.

8.1.1. Offerors must electronically submit their proposal through www.bidnetdirect.com/maryland/montgomerycountyin the format below. Proposals will be evaluated on only material that is submitted. The offeror must submit sufficient information to enable the QSC to evaluate the offeror’s capabilities and experience. Proposals must include the following information (including labeled sections numbered as shown):

8.1.1.1. A cover letter with a brief description of the firm, including the offeror’s name, address, telephone number, and email address.

8.1.1.2. The completed Acknowledgment page of this solicitation, signed by a person authorized to bind the offeror to the proposal.

8.1.1.3. At least three references that may be contacted to attest to the quality and timeliness of the offeror’s work of similar nature and scope as that required by the County in this solicitation. (see Attachment A).

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf

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8.1.1.4. If this solicitation is subject to the Wage Requirements Law (see page 1), the offeror must submit the appropriate Wage Requirements Law forms found at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

Failure to submit and complete the required material information on the form(s) may cause the offeror’s proposal to be unacceptable under County law, and the proposal may be rejected.

8.1.1.5. Mid-Atlantic Purchasing Team Rider Clause –

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf).

8.1.1.6. Minority, Female, Disabled Persons Subcontractor Performance Plan (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf). To ensure a contract can move forward as a result of this solicitation, this plan must be submitted with the offeror’s proposal. Note: Offerors who are seeking additional MFD participation evaluation scoring points (see Section D above and the requirements and examples at (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf) MUST complete and submit this form with its proposal submission.

*The Purchasing Category Related to the MFD Participation Evaluation Factor for this solicitation is indicated on the front cover page.

8.1.1.7. Minority Business Program and Offeror’s Representation – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (see Sample of MFD Report of Payments Received (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf) Note: Offerors who are seeking additional MFD participation evaluation scoring points described under Section E, 8.1.1.6., above, should complete and submit this form with its proposal submission.

8.1.1.8. Local Business Subcontracting Performance Plan

(www.montgomerycountymd.