RFP - Evening Reporting Center - 22-CS-R05 .pdf

STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES

(DJS)

REQUEST FOR PROPOSALS (RFP)

ANNE ARUNDEL COUNTY EVENING REPORTING CENTER

RFP NUMBER 22-CS-R05

EMMA# BPM028638

ISSUE DATE: 3/15/2022

NOTICE

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

Advantage (eMMA) www.procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

ANNE ARUNDEL COUNTY EVENING REPORTING

CENTER

Solicitation #: 22-CS-R05 / BPM028638

RFP Document

RFP for Department of Juvenile Services Page ii of 92

VENDOR FEEDBACK FORM

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

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Summary Sheet below for contact information).

Title: ANNE ARUNDEL COUNTY EVENING REPORTING CENTER

Solicitation No: 22-CS-R05 / BPM028638

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

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

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

The scope of work is beyond our present capacity

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

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Proposal is insufficient

Start-up time is insufficient

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

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: ________________________________________________________________

RFP for Department of Juvenile Services Page iii of 92

STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES (DJS)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services – ANNE ARUNDEL COUNTY EVENING REPORTING

CENTER

Solicitation Number: 22-CS-R05

RFP Issue Date: 3/15/2022

RFP Issuing Office: Department of Juvenile Services (DJS or Department)

Procurement Officer: Dieudonne Mwaha

Department of Juvenile Services

217 E. Redwood Street, Room 2012

Baltimore, MD 21202 e-mail:

dieudonne.mwaha@maryland.gov

Proposals are to be sent to: Bids will be accepted through the State's eMaryland Marketplace

Advantage (eMMA) e-Procurement system. Instructions on how to submit electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-

Solicitations-Double-Envelope-v2.pdf

Pre-Proposal Conference: Virtually on 3/31/2022 at 10: AM Local Time.

Google meet link: meet.google.com/iix-wwge-xne

See Attachment A for directions and instructions.

Questions Due Date and Time 4/15/2022 at 10:00 AM

Proposal Due (Closing) Date and Time:

5/17/2022 at 10:00 AM

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 5 %

VSBE Subcontracting Goal: 0 %

Contract Type: Indefinite Quantity with Fixed Price per COMAR 21.06.03.06

Contract Duration: Five (5) years

SBR Designation: No

Federal Funding: No mailto:dieudonne.mwaha@maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

RFP for Department of Juvenile Services Page iv of 92

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Deliverables

3 Contractor Requirements

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Experience and Personnel

3.10 Key Personnel

3.11 Minority Business Enterprise (MBE) Reports

3.12 Veteran Small Business Enterprise (VSBE) Reports

3.13 Work Orders

3.14 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

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4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

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6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Instructions Page

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. DJS Policies and Procedures

Attachment Q. Monthly Invoice

Attachment R. Medical Clearance for Food Safety

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Attachment S. Monthly Statistical Report

Attachment T. Budgeted Price

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

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Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Juvenile Services (DJS or Department) is issuing this Request for Proposals

(RFP) for the development and implementation of a community-based Evening Reporting Center program in Anne Arundel County, Maryland, for pre-adjudicated and adjudicated youth offenders.

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

2.1.3 The Department intends to make a single award as a result of this RFP. See RFP Section 4.9

Award Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

Contract.

2.2 Background and Purpose

The Department provides individualized care and treatment to youth who are alleged or adjudicated offenders. DJS utilizes a continuum of services and treatment for youth. Youth who pose a risk to themselves or to public safety and who cannot be maintained in the community are placed in residential programs or community detention pending appropriate placements.

The purpose of this solicitation is to develop and implement an Evening Reporting Center (with an overachieving philosophy of youth development) for referred youth offenders as an alternative to detention or out-of-home placement. This includes youth who are struggling to comply with their court-ordered obligations and those who are at risk of removal from the community.

2.3 Responsibilities and Tasks

2.3.1 Description of Services

A. Orientation: The Contractor shall initiate an intake process to the Evening Reporting Center program that includes orientation and group assignments.

B. Educational Support: The Contractor shall provide general tutoring in school subjects including but not limited to reading, math, and science. In addition, the Contractor shall provide instruction in study methods, study habits, and learning problems.

C. Life Skills and Self-Improvement: The Contractor shall provide highly structured and well-supervised group activities that promote pro-social opportunities, creativity, social skills building with arts, education, health, and recreation. These activities shall be inspiring and motivating to youth.

D. Job Skills and Placement: The Contractor shall train youth in job and interviewing skills, communication and listening skills, and provide assistance with job placement.

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E. Transportation: The Contractor shall provide transportation of youth to and from the program facility. The vehicles as well as the drivers must be in compliance with Maryland laws governing vehicles and drivers.

F. After School Snacks and Meal Program: The Contractor shall provide nutritious foods and snacks that comply with the guidelines of the United States Department of Agriculture

(USDA) and ensure that all staff working under Food Service possess a current Medical

Clearance for Food Service Employees Form (See Attachment R) prior to providing any services under this contract. Medical clearances for all contractor personnel proposed to provide services under this contract shall be submitted with the Offeror’s proposal. Any new employees hired after contract initiation shall also submit medical clearances to the Contract

Monitor prior to performing any work under this contract.

G. Administrative/Indirect costs: The Contractor shall provide a breakdown of the budgeted price (See Attachment T).

2.3.2 Program General Specifications

The program will serve eligible youth as referred by the Department. The average daily population is expected to be between 15 – 20 youth, male and female, aged 12-20. The program shall operate after school 4:30 PM to 7:30 PM Eastern Standard Time (EST) during the school year, and from 11:00 AM to 5:00 PM EST during school breaks, in Anne Arundel County.

Organizations must submit proposals for all the elements described in this RFP and have the ability to provide the following:

A. Evening Reporting Center: The Contractor shall provide an Evening Reporting Center

Program as described in this RFP.

B. Performance Measures: The Contractor shall propose a meaningful performance measuring template for services provided by the Evening Reporting Center as well as a self-evaluation of program management. All final decisions concerning data elements and formatting rest with the Department.

C. Coordination with other Services: The Contractor shall participate in resource coordination procedures designed to link and align youth with other services in Anne Arundel County.

D. Adhere to DJS policies and Standards of Conduct.

2.3.3 Program Location(s)

A. The program’s facility shall be located within Anne Arundel County, preferably within the city limits of Crofton or Glen Burnie. A Contractor whose program facility is located within the city limit of Crofton or Glen Burnie will be evaluated more favorably.

B. The facility must be in good condition and meet all applicable building, sanitary, lighting, and service requirements set forth in COMAR 13A.16 or COMAR 13A.17, as applicable. In addition, all areas of the facility used for the youth must be safe and properly equipped.

C. All potentially hazardous items such as cleansers, medicines, tools, and sharp implements must be stored so that they are inaccessible to youth.

D. The Contractor shall ensure all electrical wall sockets are properly capped as stipulated by the

National Fire Protection Association (NFPA) standards for electrical safety in homes and workplaces: NFPA 70.

E. The Contractor shall provide a properly furnished first-aid kit at the facility.

RFP for Department of Juvenile Services Page 4 of 92

F. The facility must comply with fire codes, be accessible to individuals with disabilities, be structurally sound, be free from potential hazards, and provide accessible exits in the event of an emergency.

G. The facility must meet all state codes and the Contractor shall furnish a duly signed certificate of occupancy issued by the State Fire Marshal.

2.3.4 Data Reporting Requirements

A. The Contractor shall accurately and timely track and report data on a monthly basis using

Attachment S as part of the invoicing. Data metrics shall include the number of youth, the individual life skills sessions attended, youth progress, the number of youth released, reasons for the release, behavior problems, and other data that may be required or useful under contract specifications.

B. The Contractor shall maintain complete and accurate records for all youth to substantiate services provided. The records should include but not be limited to:

a) Personal property control forms;

b) Medical information forms;

c) Youth receipt forms; and

d) Meal schedules indicating that youth have been provided snacks and meals during the period while attending the program.

2.3.5 Confidentiality Requirements

The Contractor shall maintain all records necessary to document the services provided to each youth under the Contract. DJS and the State of Maryland considers all youth records, including personally identifiable information relating to youth, to be confidential and such information shall not be released unless approved by DJS, or as required by law.

2.3.6 Contract Administration and Management

A. The Contractor shall identify in its proposal and prior to the provision of services any subcontractors that will be used in the performance of the Contract. If subcontractors are used, the

Contractor shall be solely responsible in all contractual matters, including payment of any and all charges resulting from such subcontractor arrangements. The Contractor shall be fully responsible for the acts, errors, and omissions of subcontractors.

B. The Contractor shall comply with all applicable local, state, and federal laws and regulations including the provisions of the 29 CFR Part 97, Standards for Private Entities Providing Youth or

Detainee Services.

C. The Contractor shall provide all qualified staff, materials, and vehicles necessary to execute the terms of the Contract. All vehicles and drivers shall be properly licensed, insured, and approved for commercial use by the Maryland Department of Motor Vehicles (DMV).

D. All Contractor’s staff shall dress in uniforms when performing the Evening Reporting Center’s assigned duties.

E. All staff providing services shall be free from any medical impairments. A Copy of physical examinations shall be submitted for each proposed staff to the Contract Monitor at least five (5) to ten (10) days prior to the start of the Contract.

F. The Contractor’s staff shall be trained in the areas that include:

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a) CPR and First aid;

b) Public relations;

c) Security procedures and techniques;

d) Restrictive procedures;

e) Suicide prevention;

f) Emergency procedures;

g) Child Protective Services Laws;

h) Prison Rape Elimination Act (PREA);

i) Fire safety;

j) Crisis intervention;

k) Behavior management; and

l) Confidentiality.

G. The Contract Monitor reserves the right to approve or disapprove any proposed staff, and may request further information from the Contractor before making any decision.

a) If the Contract Monitor approves the proposed staff person(s), the approved staff person(s) shall perform in the approved capacity for the duration of the Contract, unless a substitution is approved.

b) If the Contract Monitor disapproves a proposed staff person(s), the Contractor shall propose other individuals to serve in this capacity within three (3) working days of the disapproval. The Contractor shall continue identifying proposed staff until all vacant positions are filled and approved by the Contract Monitor.

c) In the event that the Contract Monitor does not approve staff of the Contractor within

30 days of notification of proposed Contract award, the Procurement Officer may revoke the proposed award and eliminate the proposed Contractor from award consideration. Should this occur, the next proposal in line for the award shall be designated as the successful proposal and this process shall begin anew with that

Awardee.

d) In the event an individual is approved by the Contract Monitor to perform in the contract, but at any time during the contract term the Contract Monitor determines that the individual is not properly performing the duties assigned, the Contract Monitor may require staff replacement. The procedure described in Section 3.10 Key

Personnel shall be followed to obtain a replacement staff.

H. The Contractor shall provide the list of all facility personnel along with staffing pattern and staff qualification documents (if applicable).

2.4 Deliverables

2.4.1 Deliverable Submission

A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

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B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an

Agency Deliverable Product Acceptance Form (DPAF), an example of which is provided on the DoIT web page here:

https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcce ptanceForm-DPAFsample.pdf

C. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project, or Microsoft Visio within two (2) versions of the current version. At the

Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

D. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

E. For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3

Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum

Deliverable Quality.

2.4.2 Deliverable Acceptance

A. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section

2.4.4 Deliverable Descriptions/Acceptance Criteria.

B. The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The

Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

C. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the Delivery Product Acceptance Form (DPAF) (see online sample mentioned above in Section 2.4.1 B). Following the return of the DPAF indicating “Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF or payment may be withheld.

D. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

2.4.3 Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf

RFP for Department of Juvenile Services Page 7 of 92

Each deliverable shall meet the following minimum acceptance criteria:

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. In each section of the deliverable, include only information relevant to that section of the deliverable.

E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

F. Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

G. Contains no structural errors such as poor grammar, misspellings, or incorrect punctuation.

H. Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

I. A draft written deliverable may contain limited structural errors such as incorrect punctuation and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

2.4.4 Deliverable Descriptions

In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

Deliverables Summary Table*

ID # Deliverable

Description

Acceptable Format Due Date / Frequency

CS1 Integrated Project

Schedule

Microsoft Project

(schedule highlighting tasks, assignments for both youth and

Contractor Personnel)

15 days before the start of contract activities

CS2 Incident Report Microsoft Word or PDF Within 24 hours after occurrence

CS3 Monthly Statistical

Report

Microsoft Excel

(Outlining tasks/activities, resource assignments, and completion rates for both youth and

Contractor Personnel)

The 15th of each month reporting on the previous month’s activities

CS4 Program Narrative Microsoft Word 30 days prior to the end of each contract year

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The deliverables summary table may not list every contractually-required deliverable. Offerors and

Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

2.4.5 Reports

The Contractor shall submit the following reports to the Contract Monitor and designee units:

A. Monthly Statistical Reports – The Contractor shall maintain a monthly statistical report on an on-going basis in a Microsoft Excel for Windows 2010 Version or similar format. (See

Attachment S: Monthly Statistical Report) This report shall be submitted to the DJS Office of Research, Evaluation and Planning, 217 E Redwood Street, Baltimore, Maryland 21202, by the 15th of each month on the previous month’s program activity. A copy of the Monthly

Statistical Report shall be submitted at the same time as the Monthly Invoice.

B. Incident Reports – The Contractor shall report incidents pertaining to program and/or youth to the Contract Monitor or designee in the form and format required by the Department and in keeping with the policy and procedures established by the Department. The Contractor shall fax the completed incident form to the Department. In addition, the Contractor shall enter the incident details in the Juvenile Services Incident database on a secured Internet portal. The

Contractor will be responsible for scheduling the required training with the Department for all designated staff in order to obtain access to the Department database. Contact information to coordinate the training and the fax number to transmit the incident report shall be provided by the Department upon award to the selected Contractor. Critical incidents are required to be reported immediately to the Department of Juvenile Services, Office of the Inspector General, 217 E. Redwood Street, Baltimore, Maryland 21202. (See Attachment P for a list of DJS policy numbers.)

C. Program Narrative Reports – The Contractor shall submit a narrative report on program accomplishments, challenges, or any other issues relating to performance on an annual basis.

The annual report shall be submitted to the DJS Office of Research, Evaluation and Planning, 217 E. Redwood Street, Baltimore, Maryland 21202, within thirty (30) days before the end of each Contract year. The Contractor is also encouraged to report any program accomplishments or challenges as they arise.

2.4.6 Youth Grievance Procedure

The Department’s Youth Grievance Policy, OPS-907-15, will be utilized as the grievance procedures for this Contract. It can be assessed through DJS website, https://djs.maryland.gov/families/Pages/policies.aspx. (See Attachment P for a list of DJS Policy numbers). The Contractor shall ensure that the Contract Manager or designee is notified of all grievances as they are presented.

https://djs.maryland.gov/families/Pages/policies.aspx

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Contractor Requirements

3.1 Contract Initiation Requirements

The Department shall schedule and hold a kickoff meeting with the Contractor within 10 Business Days of start of the contract to review the scope of services, referral process, invoicing, incident reporting, and other Department policies and procedures as applicable. At the kickoff, the Contractor shall furnish the name and contact information for referrals, including alternate contact information.

3.2 End of Contract Transition

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

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide current operating procedures (as appropriate).

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

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

Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and program support.

3.2.5 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract, the Contractor shall: (a) return to the

State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and

Technology (NIST)-approved methods with certificates of destruction to be provided to the

State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

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

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

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3.3 Invoicing

3.3.1 General

A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Monitor and DJS Contract Liaison who will be identified upon award of contract.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

D. The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the Department 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.

E. Any action on the part of the Department, 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.

F. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

G. 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.

3.3.2 Invoice Submission Schedule

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

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

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

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

A. The amount invoiced is inconsistent with the Contract;

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

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

D. The item or services have not been accepted;

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

F. The items or services do not meet the quality requirements of the Contract;

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

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

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

TRAVEL WILL NOT BE REIMBURSED UNDER THIS CONTRACT.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

3.5 Insurance Requirements

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

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

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

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

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

$10,000. The State of Maryland and the Department should be added as a “loss payee.”

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

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

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

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

Maryland.

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

Insurance and professional liability.

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

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

3.5.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the

Contractor shall provide certificates of insurance annually, or as otherwise directed by the

Contract Monitor.

3.5.6 Subcontractor Insurance

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

3.6 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 Employee Identification

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

Personnel shall provide additional photo identification.

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

C. Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

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

Contract.

3.6.2 Security Clearance / Criminal Background Check

A. The Contractor shall obtain, at its own expense, fingerprints and background checks for all

Contractor Personnel. These checks may be performed by a public or private entity. At a minimum, these checks must contain convictions and probations before judgement (PBJ) within the State of Maryland. Information on obtaining criminal background checks can be accessed via the Maryland Department of Public Safety and Corrections website at http://www.dpscs.state.md.us/.

B. The Contractor’s staff where applicable must submit to Child Protective Services (CPS) clearances in accordance with COMAR 14.31.06.05.A(4)(a)(ii) and to any applicable laws and Departmental policies. Information on obtaining CPS investigations can be accessed via the Maryland Department of Human Services Child Protective Services website at http://dhs.maryland.gov/child-protective-services/. If the staff providing services resided outside of the State of Maryland within the last two (2) years, the Contractor will be responsible for researching all background investigations within the state where the staff person resided. Employment pre-screening must be completed prior to the provision of services.

C. The Contractor shall provide certification to the Department that the Contractor has completed the required criminal background and CPS checks described in this RFP for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

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

E. The CJIS criminal record check of each Contractor Personnel who will work on this

Contract shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

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

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

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

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

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

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

7) any crime within Title 3, Subtitle 3 (sexual crimes).

http://www.dpscs.state.md.us/ http://dhs.maryland.gov/child-protective-services/

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3.6.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.6.4 Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and Standards.

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

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

The Contractor shall:

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

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

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information

Systems and Information Technology and (ii) comply with and adhere to the State

IT Security Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

3.6.5 Security Incident Response

A. The Contractor shall notify the Department when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows:

1) notify the Department within twenty-four (24) hours of the discovery of a Security

Incident by providing notice via written or electronic correspondence to the

Contract Monitor, Department Chief Information Officer, and Department Chief

Information Security Officer;

2) provide written notice to the Department within one (1) Business Day after

Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State (or Department) requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) the nature of the unauthorized use or disclosure;

2) the State data used or disclosed,

3) who made the unauthorized use or received the unauthorized disclosure;

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

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4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) Other information, including a written report, as reasonably requested by the State.

C. The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries, and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract.

Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract.

D. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless the State

(or Department) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification.

3.6.6 Data Breach Responsibilities

A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the

Contractor shall, unless otherwise directed:

1) Notify the appropriate State-identified contact within 24 hours by telephone in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law;

2) Cooperate with the State to investigate and resolve the data breach;

3) Promptly implement commercially reasonable remedial measures to remedy the

Data Breach; and

4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.

B. If a Data Breach is a direct result of the Contractor’s breach of its Contract obligation to encrypt State data or otherwise prevent its release, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the

Contract’s limitation of liability.

C. The State shall, at its discretion, have the right to review and assess the Contractor’s compliance to the security requirements and standards defined in the Contract.

3.7 Problem Escalation Procedure

3.7.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations

RFP for Department of Juvenile Services Page 16 of 92 as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.7.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.7.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten

(10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The

PEP shall include:

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

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

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

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

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

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

F. Contact information…