RFP FINAL EXECUTIVE RECRUITMENT FIRM 3.2.26 bbb.pdf

STATE OF MARYLAND

MARYLAND HEALTH BENEFIT EXCHANGED (MHBE)

REQUEST FOR PROPOSALS (RFP)

MHBE EXECUTIVE RECRUITMENT FIRM

RFP NUMBER BPM055640

ISSUE DATE: MARCH 2, 2026

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

NOTICE TO OFFERORS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

STATE OF MARYLAND

MARYLAND HEALTH BENEFIT EXCHANGED (MHBE)

KEY INFORMATION SUMMARY SHEET

Request for Proposals

MHBE EXECUTIVE RECRUITMENT FIRM

Solicitation Number: BPM055640

RFP Issue Date: March 2, 2026

RFP Issuing Office: Maryland Health Benefit Exchange (MHBE) 750 East Pratt Street, 6th Floor Baltimore, MD 21202

Procurement Officer: Shirelle Green, Procurement Officer 750 E. Pratt Street, 6th Floor Baltimore, MD 21202

Email:

Phone Number:

Shirelle.green1@maryland.gov.

410-547-5181

Contract Monitor Tisha Payne 750 E. Pratt Street, 6th Floor Baltimore, MD 21202 Tisha.payne@maryland.gov

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number#BPM055640 To submit a proposal, offerors must first register on emma.maryland.gov.

We recommend registering in advance to become acquainted with the site.

No Bid/Proposal Notice Feedback Form

*If you are not submitting a proposal for this solicitation, submit Attachment 1 with your reasons why.

Questions Due Date and Time:

Due March 9th, 2026, Local Time 10am; please send questions directly to procurement officer.

Proposal Due (Closing) Date and Time:

March 16th, 2026 @ 10:00 am , est.

mailto:Tisha.payne@maryland.gov

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

Contract Type: Firm Fixed price

Contract Duration: THREE MONTHS

Primary Place of Performance:

750 E. Pratt Street, 6th Floor, Baltimore, MD 21202

SBR Designation: NO

Federal Funding: NO

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

3 Scope of Work /Standard Terms and Conditions

3.4 Contract Initiation Requirements

3.5 End of Contract Transition

3.6 Invoicing

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

3.13 Insurance Requirements

3.14 eMaryland Marketplace Advantage (eMMA)

3.15 Electronic Means

3.16 Pre-Proposal Conference

3.17 Questions

3.18 Proposal Due (Closing) Date and Time

3.19 Economy of Preparation

3.20 Public Information Act Notice

3.21 Oral Presentation

3.22 Duration of Proposals

3.23 Revisions to the RFP

3.24 Cancellations

3.25 Incurred Expenses

3.26 Protest/Disputes

3.27 Offeror Responsibilities

3.28 Acceptance of Terms and Conditions

3.29 Compliance with Laws/Arrearages

3.30 Verification of Registration and Tax Payment

3.31 False Statements

4 Proposal Format

4.1 Two Part Submission

4.2 Proposal Delivery and Packaging

4.3 Volume I - Technical Proposal

4.4 Volume II – Financial Proposal

5 Evaluation and Selection Process

5.1 Evaluation Committee

5.2 Technical Proposal Evaluation Criteria

5.3 Financial Proposal Evaluation Criteria

5.4 Reciprocal Preference

5.5 Selection Procedures

5.7 Documents Required upon Notice of Recommendation for Contract Award RFP Attachments (Table B)

6 RFP Appendices and Exhibits

6.1 Appendices (Table C)

6.2 Exhibits (Table D)

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror must have been in business for a minimum of five (5) years, performing professional placement services similar to those described in Section 3 of this solicitation. As proof of meeting this requirement, the Offeror shall submit a reference or combination of references who can attest to the Offeror’s above experience.

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

A. The Offeror shall have five (5) years of experience providing Executive level recruitment successfully.

Required Documentation: The Offeror shall provide with its Proposal one or more references from the past five years that collectively are able to attest to the Offeror’s required years of experience in providing executive level recruitment.

B. All reference must include, Name of company, Duration of services, email address, telephone number, contact personnel.

C. The Offeror shall provide with its Proposal "Attachment L Reference Checks" with one or more references filled out.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Health Benefit Exchange (MHBE) is issuing this Request for Proposals (RFP) to procure services from an Executive Search firm to advise and assist the Maryland Health Benefit Exchange Board of Trustees in the recruitment and selection of an Executive Director.

2.1.2 It is MHBE’s intention to obtain services, as specified in this RFP, through a Contract between the selected Offeror and the MHBE. The anticipated duration of services to be provided under this Contract is three (3) months from the date of award.

2.1.3 The MHBE intends to make a single award as a result of this RFP.

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

This Request for Proposals (RFP) is issued to procure the goods or services, as specified in this Section 2 and 3, from a contract between the selected offeror(s) and the State of Maryland (“State”).

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

This is a single award RFP.

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

2.2 Background and Purpose

The MHBE is seeking qualified offerors to provide executive recruitment services for the position of the Executive Director of the Agency. As an equal opportunity employer, MHBE is committed to recruiting, retaining and promoting employees who are reflective of the State’s diversity.

The Executive Director is the Chief Executive Officer of the Maryland Health Benefit Exchange (Exchange). The incumbent is responsible for the strategic direction, leadership, and oversight of the Administrative Services, Financial Management, and Information Technology areas of the exchange, which enrolls more than 250,000 individual health, 61,000 dental, and 1.1 million Medicaid members per year. The Exchange allows individuals seeking Medicaid coverage under the Modified Adjusted Gross Income Categories, along with individuals and small businesses to compare health plans and buy health and dental insurance in the private market, enhancing competition and providing the same advantages available to large employer groups. The Executive Director will direct, administer, and manage the operations of the Exchange and is responsible for providing leadership and direction for formulating the Exchange’s strategic objectives and bringing them to the Board for input, discussion and decision.

The Executive Director must develop and maintain effective relationships and communication with key stakeholders and the Executive and Legislative branches of federal and state government. This position reports directly to the

Board of Trustees (Board) and serves at its pleasure; it oversees the entirety of the Exchange’s activities, working closely with the organization’s senior managers, staff and Board to define and execute the Exchange’s mission in light of its statutory responsibilities and the health insurance needs of individuals and small businesses.

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3 Scope of Work /Standard Terms and Conditions

MINIMUM QUALIFICATIONS OF A POTENTIAL EXECUTIVE DIRECTOR

Bachelor’s Degree required. Master’s Degree in Public Health, Public Administration, Business Administration, Public Policy, J.D., or equivalent strongly preferred. Requires 10 years of high-level experience in the health insurance industry (private or public) and/or with health insurance-related policy development, with significant knowledge of Maryland and the Affordable Care Act and health care delivery system trends and issues, including 5 years’ experience as supervisor/manager.

DESIRED OR PREFERRED QUALIFICATIONS FOR A POTENTIAL EXECUTIVE DIRECTOR

The preferred candidate demonstrates: understanding of the importance of creating an organized, transparent marketplace for Marylanders to purchase affordable, quality health care coverage, to claim available federal tax credits and cost-sharing subsidies, and to meet the personal responsibility requirements imposed under the Affordable Care Act; experience with Medicaid policy and financing; knowledge of the state legislative and budget processes and with fiduciary responsibility for public funds; strong management and interpersonal skills and a commitment to fostering a team environment; strong public speaking and writing skills; astute understanding of media and government relations,; experience making decisions in the public spotlight; ability to manage and work within a very fast-paced, quickly evolving organization and to steer and track multiple, complex priorities.

Additionally, the advertised salary range as of July 2025 was $192,018 - $362,977/year.

3.1 Scope of Work

The overall goals of the ensuing contract for an Executive Search Firm are for the Contractor to: Meet with the MHBE Board of Trustees and MHBE senior leadership to learn and develop specific background and functional specifications for the position of Executive Director.

1. Conduct a nationwide search for qualified candidates for the position of Maryland Health Benefit Exchange Executive Director.

2. Propose at least three (3) highly qualified candidates to the Board of Trustees to be interviewed for the position of the Executive Director of the MHBE.

Contractor Tasks

Task ID

Task Description Task

3.1.1 Advertising and

Recruitment Plan

The Contractor shall work with the MHBE Board of Trustees to develop and implement an advertising and recruitment plan to identify and recruit a diverse pool of highly qualified candidates for the position of MHBE Executive Director.

3.1.2 Applicant

Screening and Ranking

The Contractor shall develop, in conjunction with the MHBE Board of Trustees, a method to review and evaluate the experience and qualifications of potential candidates.

The Contractor shall develop and utilize a matrix to rank highly qualified candidates

The Contractor shall pre-approve potential hires as State employees for the position of the MHBE Executive Director.

3.1.3 Qualified

Candidate Interview List

The Contractor shall provide the MHBE Board of Trustees with a list of no fewer than three suitable candidates for the position of the MHBE Executive Director.

3.1.4 Interview Process The Contractor shall develop interview questions based on the requirements of the position as described in RFP Section 3.1 and also in conjunction with the MHBE Board of Trustees.

The Contract shall schedule interviews with the highly qualified candidates with the MHBE Board of Trustees.

The Contractor shall determine a scoring matrix to assist the MHBE Board of Trustees in evaluating those candidates interviewed for the position of the MHBE Executive Director.

3.2 Deliverables

3.2.1 Deliverables Submission Process

For each deliverable, the Contractor shall submit the deliverable to the Contract Monitor or a designee in the format, content, and due date/timeframe as specified in RFP Section 3.2.2.2. To be considered timely, the deliverable must be received by the Contract Monitor by the date and time noted in Section 3.2.2.2. Unless otherwise stated in Table below, deliverables are due by 12 noon on the date the deliverable is due. A deliverable shall be considered received upon written notification of receipt of the deliverable from the Contract Monitor to the Contractor. For each

MHBE Executive Recruitment

Solicitation #BPM055640 RFP Document

RFP for Maryland Health Benefit Exchanged Page 1 of 22 written deliverable, draft and final, the Contractor shall submit electronically to the Contract Monitor in compliance with the Acceptance Criteria in RFP Section 3.2.2.2.

The Agency required deliverables are defined in Section 3.2.2.2. Within the scope of this RFP, the Contractor Monitor may suggest other subtasks or deliverables to improve the quality and success of the project/task.

3.2.2.2 Deliverables

ID # Task Deliverable Due Date

3.2.2.2.1 Advertising and Recruitment Plan Advertising and

Recruitment Plan

Date of Award +5 Business Days

3.2.2.2.2 Applicant Screening and Ranking Applicant Screening Plan Date of Award +10

Business Days

3.2.2.2.3 Applicant Screening and Ranking Ranking Matrix Date of Award +10 Business Days

3.2.2.2.4 Qualified Candidate Interview List Qualified Candidate

Interview List

Date of Award +30

Business Days

3.2.2.2.5 Interview Process Applicant

Interview Questions

Date of Award +30 Business Days

3.2.2.2.6 Interview Process Interview Schedule Date of Award +30

Business Days

3.2.2.2.7 Interview Process Applicant Scoring Matrix Date of Award +30 Business Days

3.3 Invoicing

3.3.1 General

a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor within 30 days of delivery of services and shall include, at the minimum, the following information:

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● Contractor name

● Remittance address

● Federal taxpayer identification number

● Invoice period

● Invoice date

● Invoice number

● State assigned Contract number

● State assigned Purchase or Blanket Purchase Order number(s)

● Services provided with supporting documentation providing details

● Amount due

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

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

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3.4 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.5 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transitions shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.6 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

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

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

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

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract.

In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

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The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX 10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

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

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

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

Conflict of Interest Affidavit and Disclosure

The Offeror shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment I) and submit it with its Proposal.

By submitting a Conflict-of-Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for

RFP for Maryland Health Benefit Exchanged Page 5 of 22 proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Proposal.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

INAPPLICBLE TO THIS REQUEST

3.14 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal Conference (Conference) summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

3.15 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

3.16 Pre-Proposal Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of an offeror’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the RFP requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

3.17 Questions

All questions, shall identify in the subject line the Solicitation Number and Title for this RFP, must be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

3.17.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for RFP amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

https://procurement.maryland.gov/

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3.18 Proposal Due (Closing) Date and Time

Proposals must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after that date will not be considered. Requests for extension of this date or time shall not be granted.

For Proposals accepted via email, the time stamp to indicate receipt of the Proposal by the State is the posted date and time in the Procurement Officer’s email inbox.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

Proposals may not be submitted by e-mail facsimile. Proposals will not be opened publicly.

Potential Offerors not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.19 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

3.20 Public Information Act Notice

The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4 (See also RFP Section 5.3.2.

Table A, Tab B “Claim of Confidentiality”). This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

3.21 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

3.22 Duration of Proposals

Proposals submitted in response to this RFP are irrevocable for the latest of the following:120 days following the Proposal due date and time, best and final offers if requested, or the date any protest concerning this RFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

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3.23 Revisions to the RFP

3.23.1 All revisions to the RFP before the due date for Proposals will be published in an addendum to the

RFP and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It is the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

3.23.2 Offerors shall acknowledge receipt of all addenda to this RFP issued before the Proposal due date in the Transmittal Letter accompanying the Offeror’s Technical Proposal.

3.23.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

3.23.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

3.23.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

3.24 Cancellations

3.24.1 This RFP may be cancelled as provided in COMAR 21.06.02.02.

3.24.2 The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

3.24.3 The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

3.24.4 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

3.24.5 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the RFP may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

3.25 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

3.26 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of MHBE’s Procurement Policies and Procedures for bid protests and contract disputes .

3.27 Offeror Responsibilities

3.27.1 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

RFP for Maryland Health Benefit Exchanged Page 9 of 22 participation in the work. Offerors must be able to provide all goods and services and meet all of the requirements requested.

3.27.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this RFP (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

3.27.3 If the Offeror is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

3.27.4 A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

3.28 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, attached hereto as Exhibit 2

– Sample Contract. Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s Proposal. The State reserves the right to accept or reject any exceptions.

3.29 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

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

3.30 Verification of Registration and Tax Payment

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Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at 123 Market Place Baltimore, MD 21202.

For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

3.31 False Statements

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

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

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact; or C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

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4 Proposal Format

4.1 Two Part Submission

Offerors shall submit Proposals in separate volumes (or envelopes):

A. Volume I –Technical Proposal

i. Technical Proposal shall be submitted by the due date and time stated on the Key Information Summary Sheet, page iii of the RFP.

B. Volume II – Financial Proposal

i. Financial Proposal shall be submitted by the due date and time stated on the Key Information Summary Sheet, page iii of the RFP.

ii. Financial Proposal shall be submitted by the due date and time designated by the Procurement Officer after the Technical Proposal evaluations are performed by the State and only to “Qualified Offerors” (COMAR 21.05.03.03).

4.2 Proposal Delivery and Packaging

4.2.1 Proposals delivered by courier, postal service, facsimile, or email shall not be considered.

4.2.2 Pricing information shall not be included in the Technical Proposal. Pricing information shall not be included on the media submitted in the Technical Proposal.

Proposals shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

4.2.3 The Procurement Officer must receive all electronic Proposal materials by the RFP due date and time specified in the Key Information Summary Sheet. Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the Procurement Officer after the due date will not be considered.

4.2.4 Offerors shall provide their Proposals in two separate envelopes through eMMA following the Quick Reference Guides (QRG) labeled “5 - eMMA QRG Responding to Solicitations (RFP)” for double envelope submissions.

4.2.5 Two Part (Double Envelope) Submission:

A. Technical Proposal consisting of:

1. Technical Proposal in searchable Adobe PDF format, and

2. a second searchable Adobe copy of the Technical Proposal, with confidential and proprietary information redacted and

B. Financial Proposal consisting of:

1. Financial Proposal entered into the price form spreadsheet within eMMA and all supporting material in EXCEL format,

2. Financial Proposal in searchable Adobe PDF format,

3. a second searchable Adobe copy of the Financial Proposal, with confidential and proprietary information removed.

https://procurement.maryland.gov/emma-qrgs/

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4.3 Volume I - Technical Proposal

NOTE: Omit all pricing information from the Technical Proposal (Volume I). Only include pricing information in the Financial Proposal (Volume II).

4.3.1 In addition to the instructions below, responses in the Offeror’s Technical Proposal shall reference the organization and numbering of Sections in the RFP (e.g., “Section 2.2.1 Response . . .;

“Section 2.2.2 Response . . .,”). All pages of both Proposal volumes shall be consecutively numbered from beginning (Page 1) to end (Page “x”).

4.3.2 Attachments, Documents, and Information Required with the Technical Proposal (Table A)

The Technical Proposal shall include the following documents and information in the order specified as follows. Each section of the Technical Proposal shall be separated by a TAB as detailed below:

Attachments A through E = Proposal will be rejected if the required Attachment is not submitted or is inaccurate or incomplete.

Attachments F through R = Proposal may be rejected if the required Attachment is not submitted or is inaccurate or incomplete.

TABLE A - Attachments and Documents Required with the Proposal

Proposal TAB Attachment # Attachment Name / Tab Section and Description

Tab A

Title Page and Table of Contents

The Technical Proposal should begin with a Title Page bearing the name and address of the Offeror and the name and number of this RFP. A Table of Contents shall follow the Title Page for the Technical Proposal, organized by section, subsection, and page number.

Tab B

Claim of Confidentiality (If Applicable)

Any information which is claimed to be confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal, and if applicable, separately in the Financial Proposal. An explanation for each claim of confidentiality shall be included (see Section 4.7 “Public Information Act Notice”). The entire Proposal cannot be given a blanket confidentiality designation - any confidentiality designation must apply to specific sections, pages, or portions of pages of the Proposal and an explanation for each claim shall be included. Otherwise, note under TAB B

- “Not applicable”.

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Proposal TAB Attachment # Attachment Name / Tab Section and Description

Tab C F

Bidder/Offeror Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-

Offeror-Information-Sheet.pdf

Tab D

Executive Summary &

Acknowledgement of all addenda to this RFP.

The Offeror shall condense and highlight the contents of the Technical Proposal in a separate section titled “Executive Summary.

In addition, the Summary shall indicate whether the Offeror is the subsidiary of another entity, and if so, whether all information submitted by the Offeror pertains exclusively to the Offeror. If not, the subsidiary Offeror shall include a guarantee of performance from its parent organization as part of its Executive Summary (see Section 4.16 “Offeror Responsibilities”).

The Executive Summary shall also identify any exceptions the Offeror has taken to the requirements of this RFP, the Contract (Exhibit 2), or any other exhibits, appendices, supplementals, or attachments. Acceptance or rejection of exceptions is within the sole discretion of the State. Exceptions to terms and conditions, including requirements, may result in having the Proposal determined to be unacceptable or classified as not reasonably susceptible of being selected for award or the Offeror determined to be not responsible.

Tab E

Minimum Qualifications

The Offeror shall submit any Minimum Qualifications documentation that may be required, as set forth in RFP Section 1. If references are required in RFP Section 1, those references shall be included in Attachment L.

Tab F Offeror Technical Response to RFP Requirements and Proposed Work Plan https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf

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Proposal TAB Attachment # Attachment Name / Tab Section and Description

The Offeror shall address each RFP requirement (RFP Section

2) in its Technical Proposal with a cross reference to the requirement and describe how its proposed goods and services, including the goods and services of any proposed subcontractor(s), will meet or exceed the requirement(s). If the State is seeking Offeror agreement to any requirement(s), the Offeror shall state its agreement or disagreement. Any paragraph in the Technical Proposal that responds to an RFP requirement shall include an explanation of how the work will be performed. The response shall address each requirement in Section 2 in order and shall contain a cross reference to the requirement.

The Offeror shall give a definitive section-by-section description of the proposed plan to meet the requirements of the RFP, i.e., a Work Plan. The Work Plan shall include the specific methodology, techniques, and number of staff, if applicable, to be used by the Offeror in providing the required goods and services as outlined in RFP Section 2, Contractor Requirements: Scope of Work. The description shall include an outline of the overall management concepts employed by the Offeror and a project management plan, including project control mechanisms and overall timelines. Project deadlines considered contract deliverables must be recognized in the Work Plan.

Implementation Schedule - Offeror shall provide the proposed implementation schedule with its Proposal.

Non-Compete Clause Prohibition – To evidence compliance with the non-compete clause prohibition, each Offeror must include an affirmative statement in its technical Proposal that the Offeror, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

Other information as requested for Tab F in the Supplemental.

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Proposal TAB Attachment # Attachment Name / Tab Section and Description

Tab G

Experience and Qualifications of Proposed Staff

The Offeror shall identify the qualifications and types of staff proposed to be utilized under the Contract including information in support of the Personnel Experience criteria in Section 2.4. Specifically, the Offeror shall:

Describe in detail how the proposed staff’s experience and qualifications relate to their specific responsibilities, including any staff of proposed subcontractor(s), as detailed in the Work Plan.

Include individual resumes for Key Personnel, including Key Personnel for any proposed subcontractor(s), who are to be assigned to the project if the Offeror is awarded the Contract.

Each resume should include the amount of experience the individual has had relative to the Scope of Work set forth in this solicitation.

Include letters of intended commitment to work on the project, including letters from any proposed subcontractor(s). If proposed personnel are included, offerors should be aware of restrictions on substitution of Key Personnel prior to RFP award (see Substitution Prior to and Within 30 Days After Contract Execution in Section 2.5.5).

Provide an Organizational Chart outlining Personnel and their related duties. The Offeror shall include job titles and the percentage of time each individual will spend on his/her assigned tasks. Offerors using job titles other than those commonly used by industry standards must provide a crosswalk reference document.

If proposing differing personnel work hours than identified in the RFP, describe how and why it proposes differing personnel work hours.

Tab H Offeror Qualifications and Capabilities

The Offeror shall include information on past experience with similar projects and services including information in support of

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Proposal TAB Attachment # Attachment Name / Tab Section and Description the Offeror Experience criteria in Section 2.4.1. The Offeror shall describe how its organization can meet the requirements of this RFP and shall also include the following information:

• The number of years the Offeror has provided the similar goods and services.

• The number of clients/customers and geographic locations that the Offeror currently serves.

• The names and titles of headquarters or regional management personnel who may be involved with supervising the services to be performed under the Contract.

• The Offeror’s process for resolving billing errors; and

• An organizational chart that identifies the complete structure of the Offeror including any parent company, headquarters, regional offices, and subsidiaries of the Offeror.

Tab I L

Reference Checks

(Each reference shall be from a customer for whom the Offeror has provided goods or services within the most recent past five years

Tab J M List of Current or Prior State Contracts

Tab N N

Legal Action Summary

This summary shall include:

• A statement as to whether there are any outstanding legal actions or potential claims against the Offeror and a brief description of any action.

• A brief description of any settled or closed legal actions or claims against the Offeror over the past five (5) years.

• A description of any judgments against the Offeror within the past five (5) years, including the court, case name, complaint number, and a brief description of the final ruling or determination; and

• In instances where litigation is ongoing and the Offeror has been directed not to…