RFP HEO Training Simulators -SOLICITATION NUMBER LABOR -FY2024-002.pdf

STATE OF MARYLAND

DEPARTMENT OF LABOR

LABOR

REQUEST FOR PROPOSALS (RFP)

HEAVY EQUIPMENT OPERATOR (HEO) TRAINING

SIMULATORS

RFP NUMBER LABOR-FY2024-002

ISSUE DATE: NOVEMBER 8, 2023

NOTICE TO OFFERORS

NOTICE

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).

HEO Training Simulators Solicitation #: LABOR-FY2024-002 RFP Document

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Title: HEO Training Simulators Solicitation No: LABOR-FY2024-002

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: ________________________________________________________________

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STATE OF MARYLAND

DEPARTMENT OF LABOR

LABOR

KEY INFORMATION SUMMARY SHEET

Request for Proposals

Solicitation Number: LABOR-FY2024-002

RFP Issue Date: November 8, 2023

RFP Issuing Office: DEPARTMEN TOF LABOR (LABOR)

Dapheny McCray 1100 N. Eutaw Street, Room 120 Baltimore, MD 21201 e-mail:

Office Phone:

dapheny.mccray5@maryland.gov

(410) 767-2092

Proposals are to be sent to: All proposals must be submitted online at eMarylandmarketplace Advantage (eMMA)

Pre-Proposal Conference: November 27, 2023

Questions Due Date and Time December 11, 2023

Proposal Due (Closing) Date and Time:

January 11, 2024, at 9:00am EST (see page iv).

MBE Subcontracting Goal: 0.00%

VSBE Subcontracting Goal: 0.00%

Contract Type: The Contract resulting from the RFP shall be a firm fixed price.

Contract Duration: 3-Year Base

One-Time shipment to each of the six institutions with three years warranty coverage from date of delivery.

Primary Place of Performance:

1. Eastern Correctional Institution East (ECIE) mailto:ernest.hunter@maryland.gov

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June Brittingham, MLIS, M.Ed, OWDS-I, Principal /

Supervisor of Correctional Libraries

Maryland Department of Labor

Eastern Correctional Institution - East Education

30420 Revells Neck Road

Westover, MD 21890 june.brittingham@maryland.gov

410-845-4000 X4207 Office

410-845-4500 Fax, 443-370-8634 Mobile

2. Maryland Correctional Institution Hagerstown (MCIH)

Laura Martin, M.Ed, Principal at MCIH Division of Workforce Development and Adult Learning

Maryland Department of Labor

Maryland Correctional Institution-Hagerstown

18601 Roxbury Road

Hagerstown, MD 21746 laura.martin@maryland.gov 240-420-1340 (office)

3. Maryland Correctional Training Center (MCTC) Deron Crawford

School Principal - Maryland Correctional Training Center

Division of Workforce Development and Adult Learning

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Maryland Department of Labor

18800 Roxbury Road

Hagerstown, Maryland, 21746 deron.crawford@maryland.gov

240-420-1603 (Office), 443-370-7295 (Mobile)

4. Occupational Skills Training Center (OSTC)

Tricia Hopkins Principal, OSTC & BCCC

Maryland Department of Labor

920 Forrest Street

Baltimore, MD 21202 tricia.hopkins@maryland.gov

410-234-1836(office), 443-610-8721 Work Mobile, 410-333-6348 (fax)

5. Roxbury Correctional Institution (RCI)

Peggy Stanford, Principal

Maryland Department of Labor

18701 Roxbury Road

Hagerstown, MD 21746 peggy.stanford1@maryland.gov

(240) 420-3290 (O), (443)610-3329 (C)

6. Western Correctional Institution (WCI)

Lonnie Lewis, Principal

13800 McMullen Hwy

Cumberland, MD 21502 lonnie.lewis2@maryland.gov

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(301) 729-7149 WCI

(301) 729-7599 NBCI

(443) 370-8215 Mobile

SBR Designation: No

Federal Funding: Yes

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 1

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background, Purpose and Goals

2.3 Responsibilities and Tasks

2.4 Deliverables

2.5 Optional Features or Services, Future Work

Optional features, include various types construction equipment software, equipment controls, chair configurations, and software proposed by contractors and accepted by LABOR

2.6 Service Level Agreement (SLA)

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition (RESERVED)

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Experience and Personnel

3.11 Substitution of Personnel

3.12 Minority Business Enterprise (MBE) Reports (N/A)

3.13 Veteran Small Business Enterprise (VSBE) Reports (N/A)

3.14 Work Orders

3.15 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

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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

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

4.38 Bonds .......................................................................................... Error! Bookmark not defined.

4.39 Maryland Healthy Working Families Act Requirements

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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

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

7 RFP ATTACHMENTS AND APPENDICES

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

Appendix 1. – Abbreviations and Definitions

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Appendix 2. Offeror Information Sheet

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1 Minimum Qualifications

1.1

Offeror Minimum Qualifications

As part of the determination to be considered responsive, the Proposer must document in its Proposal that it satisfies the following Minimum Qualifications: The Proposer must provide a Current Letter of Authorization from the Manufacturer to supply and install the Heavy Equipment Operator (HEO) Training Simulator.

Required Documentation: As proof of meeting this requirement, the Proposer shall provide with its Proposal, a Letter of Authorization on the manufacturer or distributor’s letterhead or in a manufacturer or distributor’s email. Each Letter of Authorization shall be current or less than twelve (12) months old and provide the following information for the manufacturer or distributor:

1. Point of Contact (POC) name for verification;

2. POC mailing address;

3. POC telephone number;

4. POC e-mail address;

5. In addition, if available, a Re-seller Identifier.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The purpose of this solicitation is to receive and evaluate proposals that will facilitate the programmatic goal of providing simulated training on heavy equipment typically used in construction sites within the correctional institutions. Examples of the types of equipment, includes but are not limited to forklifts, Skid Steer Loaders, bulldozers, and backhoe loaders. 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. The Department of Labor intends to make a single award resulting from RFP. See RFP Section 4.9 Award Basis for more Contract award information. 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.

2.2 Background, Purpose and Goals

Correctional Education (CE) cannot offer Heavy Equipment Operator (HEO) or Commercial Driver’s License (CDL) training within a prison setting due to the inability to bring heavy equipment to the correctional institutions. The purpose of this solicitation is to receive and evaluate proposals that will facilitate the programmatic goal of providing simulated training on heavy equipment typically used in construction sites within the correctional institutions. Examples of the types of equipment, includes but is not limited to forklifts, Skid Steer Loaders, bulldozers, and backhoe loaders.

Each proposer should detail what types of equipment they offer, and the specific curriculum associated with each piece of equipment. The proposer should also identify the specific controls and available options for each offered piece of equipment.

Proposals that afford LABOR the ability to share software between the 6 identified institutions are highly favorable. As an example, if LABOR purchased software for 3 backhoe loaders, and 3 bulldozer to be loaded on the 6 simulators, that can be shared between the institutions at a minimum cost, for the purpose of cross training.

Project Goals

The project goal is to provide simulated training on proposed and accepted heavy duty operator equipment within the Career and Technical Institution (CTE). The intended outcome of the training is that at least 10% of the CTE students in the Auto and Construction trades programs at the six identified schools, receive industry acceptable credentials that will enable them to competitively secure work in the automotive or construction industry. To accomplish the goal, our objective is to purchase 6 heavy equipment operator training simulators to be installed in the identified institutions by the successful contractor. The simulators should have the software that has been proposed by the contractor and accepted by LABOR installed, with:

A. On site training for the CTE instructors and technical support when needed.

3 year warranty to include defects, replacement part, and on-site repairs.

Acceptance of the equipment begins after equipment set up and on-site testing has been completed.

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2.3 Responsibilities and Tasks

State Staff and Roles

The teachers will be working with their students to utilize the training simulators. The state is also working to hire part-time support staff to assist the program. In addition to the Procurement Officer and Contract Monitor, the principal of each school is the primary point of contact regarding the simulators. In addition, the State will make every effort to provide at least one regional part-time contractual employee within the state of Maryland (Central, Eastern and Western Region) who will serve as the State Project Manager who will be responsible for working with the CTE teachers to assist with training students on the use of the simulators and to monitor their training usage. The principals will also serve as State coordinators with regards to advising successful contractors how to obtain access to its specific institution, i.e. security requirements, prohibitions to work in the facility, etc. Their respective contact information are contained in the Key Information Summary Sheet.

Other State Responsibilities

The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically set forth.

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting Information Technology projects, which may be created or changed periodically.

Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised laws, regulations, policies, standards and guidelines affecting project execution. These include, but are not limited to:

A. The State of Maryland System Development Life Cycle (SDLC) methodology at:

http://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx ;;

B. The State of Maryland Information Technology Security Policy and Standards at:

http://www.DoIT.maryland.gov- keyword: Security Policy;

C. The State of Maryland Information Technology Non-Visual Standards at:

http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

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

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D. The State of Maryland Information Technology Project Oversight at:

http://doit.maryland.gov/epmo/Pages/ProjectOversight.aspx;

E. The Contractor shall follow project management methodologies consistent with the most recent edition of the Project Management Institute’s Project Management Body of Knowledge Guide; and

Product Requirements

A. Offerors may propose open source software; however, the Offeror must provide operational support for the proposed software as part of its Proposal.

B. Offeror shall be authorized to furnish the proposed goods and services. Offerors proposing to resell services of another entity must be authorized by such other entity (See RFP Section 5.3.2.Error! Reference source not found..

C. No international processing for State Data: As described in Section 3.7 Security Requirements, Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited.

D. Offeror consistent expiration dates: A PO for a service already being delivered to the Department of LABOR under the Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated.

E. Any Contract award is contingent on the State’s agreement, during the Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section 5.3.2. Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

F. The Contractor shall not establish any auto-renewal of services beyond the period identified in Contract documents.

G. In addition to any notices of renewal sent to the Department of LABOR, Contractors shall email notices of renewal to the e-mail address designated by the Contract Monitor.

Maintenance and Support

Maintenance and support, and Contractor’s ongoing maintenance and support obligations, are defined as follows:

A. Maintenance commences at the point of delivery, testing and acceptance.

B. Software maintenance includes all future software updates and system enhancements applicable to system modules licensed without further charge to all licensed users maintaining a renewable software support contract.

C. Support shall be provided for superseded releases and back releases still in use by the State.

1) Error Correction. Upon notice by State of a problem with the Software (which problem can be verified), reasonable efforts to correct or provide a working solution for the problem.

2) Material Defects. Contractor shall notify the State of any material errors or defects in the Deliverables known or made known to

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3) Contractor from any source during the life of the Contract that could cause the production of inaccurate or otherwise materially incorrect results. The Contractor shall initiate actions as may be commercially necessary or proper to effect corrections of any such errors or defects.

4) Updates. Contractor will provide to the State at no additional charge all new releases and bug fixes (collectively referred to as “Updates”) for any software Deliverable developed or published by the Contractor and made available to its other customers.

D. Operations tasks to include virus scans.

E. User support (Help Desk)

1) Contractor shall furnish Help Desk services for Heavy Equipment Operator Training Simulators

2) Help Desk services are available during Normal State Business Hours.

Remember, Normal State Business Hours is a defined term (see Appendix 1).

3) Contractor shall utilize a help desk ticketing system to record and track all help desk calls. The ticketing system shall record with a date and timestamp when the ticket was opened and when the ticket was closed.

4) Help Desk services shall be furnished using resources familiar with the State’s account (i.e., calls shall not be sent to a general tier 1 call queueTechnical Support [[Note: technical support and help desk are not the same.]

A. “Technical Support” means Contractor-provided assistance for the services or Solution furnished under the Contract, after initial end-user support confirms a technical issue that requires additional troubleshooting capabilities; sometimes referenced as Tier II – IV support.

B. Technical Support shall be available during Normal State Business Hours.

C. The State shall be able to contact a Technical Support team member 24 hours per day, 7 days per week, 365 days per year.

D. Contractor Personnel providing technical support shall be familiar with the State’s account (i.e., calls shall not be sent to a general queue). [[Adjust as appropriate.

Support that isn’t sent to a general queue may cost more.]]

E. Contractor shall return calls for service of emergency system issues (see Section

2.6 Service Level Agreement) within one (1) hour.

F. Calls for non-emergency IT service requests will be returned within three (3) hours or immediately the following day if after Normal State Business Hours.

G. The State shall be provided with information on software problems encountered at other locations, along with the solution to those problems, when relevant to State software.

2.3.1.1 Backup

The Contractor shall:

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A. Provide backups of the configuration and data on a regular basis as a Contract option. Contractor shall describe backup services offered, and shall offer pricing for this option in the Financial Proposal Form (Attachment B);

B. Perform backups for all application and configuration data that is necessary to restore the application to full operability on suitable hardware. The backup shall consist of at least:

1) Incremental daily backups, retained for one (1) month,

2) Full weekly backups, retained for three (3) months, and

3) Last weekly backup for each month maintained for two (2) years;

C. Maintain one annual backup for at least 10 years;

D. Send the weekly backup electronically to a facility designated by the State;

E. Encrypt the backups using a shared key;

F. Perform a backup recovery at least semi-annually; and

G. Provide on demand support for the State’s recovery of a backup set.

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.

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:

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverablePro ductAcceptanceForm-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 0 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 0 Minimum Deliverable Quality.

2.4.2 Deliverable Acceptance

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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 DPAF (see online sample). 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.

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 the minimum deliverable quality criteria above.

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2.4.4 Deliverable Descriptions/Acceptance Criteria

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

Acceptance Criteria Due Date / Frequency

001 Six (6) Training Simulator System

Each Training Simulator system that can operate independently of the internet within a correctional institution (Per Department of Public Safety and Correctional Services (DPSCS) requirements)

Initial Delivery: To be determined by the Principle State Coordinator

002 Six (6) Monitors with Stand

Initial Delivery: To be determined by the Principle State Coordinator

003 Six (6) HEO Simulators Training Packages (including proposed and accepted software)

Initial Delivery: To be determined by the Principle State Coordinator

004 Shipping/Freight Initial Delivery: To be determined by the Principle State Coordinator

005 Set Up at each school location.

Initial Delivery: To be determined by the Principle State Coordinator

006 Staff Training at each school location.

To be determined by the Principle State Coordinator

007 Software Licenses for each proposed and accepted equipment.

To be determined by the Principle State Coordinator

Initial Delivery: To be determined by the Principle State Coordinator

008 Warranty (3 years) The manufacturer's warranty shall include defects, replacement parts, and

Acceptance of equipment begins after equipment set up and on-site testing has been

To be determined by the Principle State Coordinator

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completed and accepted for each.

*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 Deliverable Submission

J. 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.

K. 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:

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverablePro ductAcceptanceForm-DPAFsample.pdf.

2.4.6 Deliverable Acceptance

L. 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.

M. 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.

N. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). 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.

O. 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.

2.4.7 Minimum Deliverable Quality

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

Each deliverable shall meet the following minimum acceptance criteria:

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

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2.5 Optional Features or Services, Future Work

Optional features, include various types construction equipment software, equipment controls, chair configurations, and software proposed by contractors and accepted by LABOR.

2.6 Service Level Agreement (SLA)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution. During the kickoff meeting, the contract is expected to detail its timeframe for delivery of equipment to designated areas, included anticipated lead times, and less than truck load (LTL) procedures.

3.2 End of Contract Transition (RESERVED)

3.3 Invoicing

General

The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor Dr. Tamara Barron at tamarra.barron@maryland.gov and dllr.accountspayable@maryland.gov

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

R. 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.

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

T. The Department of LABOR (LABOR) reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the LABOR with all required deliverables within the time frame specified in the Contract or mailto:dllr.accountspayable@maryland.gov

RFP for DEPARMENT OF LABOR Page 12 of 92 otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

U. Any action on the part of the LABOR, 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.

V. 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.

W. 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.

Invoice Submission Schedule

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

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 LABOR.

B. For items of work for which there is annual pricing, see Attachment B– Financial Proposal Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

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.

Travel Reimbursement

Travel will not be reimbursed under this RFP.

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3.4 Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

A. Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

B. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

C. The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

D. The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service. Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

E. Such contingency and DR plans shall be available for the Department of LABOR to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.5.2 Data Export/Import

A. The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

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2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

B. Any import or export shall be in a secure format per the Security Requirements.

Data Ownership and Access

3.6 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:

3.6.1 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 of LABOR should be added as a “loss payee.”

D. Cyber Security / Data Breach Insurance – The Contractor shall possess and maintain throughout the term of the Contractor and for three (3) years thereafter, cyber risk/ data breach insurance (either separately or as part of a broad Professional Liability or Errors and Omissions Insurance) with limits of at least five million dollars ($5,000,000) per claim. Any "insured vs. insured" exclusions will be modified accordingly to allow the State additional insured status without prejudicing the State’s rights under the policy(ies). Coverage shall be sufficiently broad to respond to the Contractor's duties and obligations under the Contract and shall include, but not be limited to, claims involving privacy violations, information theft, damage to or destruction of electronic information, the release of Sensitive Data, and alteration of electronic information, extortion, and network security. The policy shall provide coverage for, not by way of limitation, breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

E. 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.

F. 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

RFP for DEPARMENT OF LABOR Page 15 of 92 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.

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.

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.

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

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.

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.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 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.

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.

3.7.2 Criminal Background Check

The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The LABOR will obtain a criminal background check for each individual

RFP for DEPARMENT OF LABOR Page 16 of 92 using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

E. Persons with a criminal 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 check. 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 premises, based upon certain specified criminal convictions, as specified by the State.

F. The CJIS criminal record check of each Contractor Personnel who will work on State premises 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).

3.7.3 On-Site Security Requirement(s)

A. For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

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B. Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department of Public Safety and Correctional Service(DPSCS) may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the

(DPSCS).

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art.

Section 9-410 through 9-417 and such other security policies of the agency that controls the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.7.4 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:

https://doit.maryland.gov/policies/Pages/default.aspx

A. Data Protection and Controls…