RFP MHEC Strategic Stewardship Governance and State Plan Implementation Support Services FINAL.pdf

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STATE OF MARYLAND

MARYLAND HIGHER EDUCATION COMMISSION (MHEC)

REQUEST FOR PROPOSALS (RFP)

STRATEGIC STEWARDSHIP, GOVERNANCE AND STATE PLAN

IMPLEMENTATION SUPPORT SERVICES

RFP NUMBER BPM 058794

ISSUE DATE: OCTOBER 13, 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/

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses.

Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14- 501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA.

However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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STATE OF MARYLAND

MARYLAND HIGHER EDUCATION COMMISSIONMHEC)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Strategic Stewardship, Governance and State Plan Implementation Support Services

Solicitation Number: BPM 058794

RFP Issue Date: October 13, 2026

RFP Issuing Office: Maryland Higher Education Commission (MHEC) or the Agency

Procurement Officer: Jazmin Cryor

217 E. Redwood Street

Baltimore, MD

Email:

Phone Number:

Jazmin.Cryor2@maryland.gov

443-610-8974

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM 058794

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.

Pre-Proposal Conference:

October 20, 2026 – 2:00pm EST Local Time, virtually

Google Meet joining info

MHEC RFP Pre-Proposal Meeting

Tuesday, October 20 · 2:00 – 3:00pm EST

Video call link: https://meet.google.com/wjt-mmqf-yib

Or dial: 2430-850-(US) +1 209 PIN: 942 374 264#

More phone numbers: https://tel.meet/wjt-mmqf-yib?pin=3554501960360

Section 4.3 for additional details.

See Attachment 2 to RSVP no later than October 15, 2026 by 5:00pmEST, you will be sent a virtual link for the meeting upon receipt of the RSVP.

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Questions Due Date and Time:

October 27, 2026 – 5:00pm EST

Questions should be submitted to the Procurement Officer

Proposal Due (Closing) Date and Time:

November 10, 2026 – 5:00pm EST

Offerors are reminded that a completed Feedback Form is requested if a no-bid/proposal decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

MBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of _10%____ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE Subcontracting Goal:

N/A

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

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Fixed Price

Contract Duration: 1 year from execution of contract

Primary Place of Performance:

Primary Place of Performance – Contractor’s Primary Office, on-site meetings may be required at the Agency’s Location:

217 E. Redwood Street

Baltimore, MD

SBR Designation: Yes

Federal Funding: No

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Solicitation Title: RFP: Strategic Stewardship, Governance, and State Plan Implementation Support Services

Solicitation: BPM 058794 Bidder/Offeror Name:

See the Key Information Summary Sheet for the date and time for the Pre-Bid/Pre-Proposal Conference.

Please return this form by the due date noted for the RSVP, advising whether or not your firm plans to attend. The completed form should be returned via e-mail to the Procurement Officer at the contact information below:

Jazmin Cryor, Procurement Officer I Maryland Higher Education Commission E-mail: Jazmin.Cryor2@maryland.gov

Please indicate:

Yes, the following representatives will be in attendance.

Attendees. Please provide the names and email addresses for all attendees so the Procurement Officer can send a meeting invitation.

No, we will not be in attendance.

Please specify whether any reasonable accommodations are requested (see RFP § 4.3“Pre-Bid conference”):

Bidder:

(Bidder Name Please Print or Type)

By:

(Signature/Seal)

Printed Name:

(Printed Name)

Title:

(Title)

Date:

(Date)

Attachment 2. Pre-Bid/Proposal Conference Response Form

RFP: Strategic Stewardship, Governance, and State Plan Implementation Support Services Solicitation #: BPM 058794

RFP Document

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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

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel

2.5 Substitution of Personnel

2.6 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

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

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

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4.4 Questions

4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

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

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

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

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Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the services specified in Section 2 from a contract between the selected Offeror and the Maryland Higher Education Commission (MHEC).

MHEC seeks a qualified contractor to provide strategic consulting, governance assessment, organizational planning, and implementation support services to assist the Commission and the Agency in advancing the 2026–2030 Maryland State Plan for Higher Education, Maryland’s Moment:

Lighting the Way Forward.

The anticipated period of performance shall be one (1) year from the date of Contract award.

Months 1–6: Assessment, stakeholder engagement, governance review, organizational analysis, statutory review, and strategic planning. This phase shall prioritize operational stabilization and legislative mandates.

Months 7–12: Strategic plan finalization: implementation framework development, performance management design, organizational alignment, and transition planning through 2030.

Budget: The total maximum budget for this fixed-price engagement is not to exceed $200,000.00.

Proposals exceeding this financial threshold will be deemed non-responsive.

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

This is a single award RFP. See RFP Section 6.5 Selection Procedures for more Contract award information.

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

2.2 Background and Purpose

The 2026-2030 Maryland State Plan for Higher Education establishes a statewide vision for advancing postsecondary attainment, social and economic mobility, and innovation and research as drivers of Maryland's economic competitiveness and public good.

Implementation of the State Plan requires coordinated action across institutions of higher education, state agencies, workforce and economic development partners, employers, and community organizations.

As Maryland's coordinating entity for postsecondary education, the Commission plays a critical policy-making role in aligning accountability, institutional oversight, and long-term planning with statewide goals. Conversely, the Agency serves as the operational engine responsible for executing Commission policies, administering financial aid, and managing day-to-day stakeholder engagement.

To support successful implementation through 2030, MHEC seeks external expertise to assess governance structures, organizational capacity, policy authorities, implementation mechanisms, and strategic priorities that will enable both the Commission and the Agency to effectively fulfill their distinct responsibilities.

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The selected Contractor shall support the development of a strategic stewardship and implementation framework that reflects a clear understanding of the distinct roles and responsibilities of the Commission and the Agency. The framework shall align organizational priorities with statewide goals, identify policy and statutory levers available to advance Maryland’s higher education agenda, and establish a sustainable implementation structure through 2030.

The engagement shall focus on strengthening the Commission’s role as Maryland’s policymaking and coordinating entity for postsecondary education, while ensuring the Agency has the organizational capacity, operational structures, and strategic direction necessary to support implementation of statewide priorities.

2.2.1 Project Goals

The Contractor shall assist the Commission and Agency in:

A. Strategic Planning: Develop a strategic stewardship and implementation plan for the Commission and Agency through 2030.

B. Governance Navigation: Demonstrate a comprehensive understanding of the distinct statutory responsibilities, authorities, and decision-making functions of the policy-making Commission versus the operational mandate of the Secretary of Higher Education and the Agency.

C. Operational Capacity: Assess organizational structures, staffing models, and operational capacity necessary to support the Agency's implementation of the State Plan.

D. Policy Activation: Identify policy, regulatory, administrative, fiscal, and statutory levers available to advance statewide goals.

E. Ecosystem Alignment: Establish implementation structures that support cross-sector collaboration, shared accountability, and continuous improvement, including reporting alignment with the Governor's Economic Competitiveness Subcabinet.

F. Equity-Centered Accountability: Develop performance management and progress monitoring systems aligned with statewide goals, including disaggregation of data to support demographic equity.

G. Dual-Horizon Execution: Provide implementation support and strategic guidance that balances immediate 0–6-month tactical wins with a 1–3-year systemic transformation timeline.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State project team is expected to include MHEC executive leadership, Agency leadership, Commission

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A. State Project Manager: The State Project Manager will coordinate State participation, provide access to relevant State materials, facilitate scheduling of stakeholder meetings, review deliverables, and communicate State decisions and approvals to the Contractor. Resume shall be submitted with proposal.

B. Contract Monitor: The Contract Monitor will monitor Contractor performance, review invoices and deliverables, and coordinate acceptance of deliverables in accordance with the Contract. Resume shall be submitted with proposal.

2.2.3 Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for the Contractor's performance under the Contract.

B. The State will provide access to relevant statutes, regulations, policies, strategic plans, reports, organizational documents, and accountability frameworks, as available and appropriate.

C. The State will assist in identifying stakeholders and coordinating interviews, focus groups, surveys, facilitated discussions, briefings, and presentations.

D. The State will review Contractor deliverables and provide comments, approvals, or requests for revision within timelines established in the approved project work plan.

2.3 Contractor Responsibilities and Tasks

The Contractor shall provide all labor, materials, supervision, project management, facilitation, analysis, reporting, and other resources necessary to complete the tasks and deliverables identified in this RFP.

2.3.1 Task 1: Project Initiation and Discovery

The contractor shall:

A. Develop a project work plan.

B. Review relevant statutes, regulations, policies, strategic plans, reports, organizational documents, and accountability frameworks.

C. Conduct interviews, focus groups, surveys, and facilitated discussions with Commissioners, Agency leadership, staff, institutional leaders, state agency partners, and other stakeholders.

D. Identify strengths, challenges, opportunities, and risks affecting implementation of the State Plan.

2.3.2 Task 2: Governance, Roles, and Responsibilities Assessment

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A. Review the governance framework governing the Commission and Agency under Title 11 of the Maryland Education Article.

B. Assess the operational execution of responsibilities between the Commission and Agency based on their statutory boundaries.

C. Evaluate existing delegations of authority from the Commission to the Secretary, utilizing a deep understanding of their distinct roles to identify opportunities to strengthen administrative dispute resolution and strategic alignment.

D. Benchmark governance models utilized by leading state higher education coordinating boards and agencies.

E. Evaluate committee structures, reporting relationships, strategic planning processes, and stakeholder engagement mechanisms.

2.3.3 Task 3: Organizational Capacity and Operating Model Assessment

The contractor shall:

A. Assess current organizational structures and staffing models.

B. Evaluate alignment between organizational responsibilities and State Plan priorities.

C. Assess internal processes, workflows, decision-making structures, and resource allocation practices.

D. Identify capabilities necessary to support implementation through 2030.

E. Develop recommendations for organizational effectiveness and long-term sustainability.

2.3.4 Task 4: Policy Lever and Statutory Authority Analysis

The contractor shall conduct a comprehensive review of the tools available to advance statewide goals, prioritizing specific operational action plans for the following areas:

A. Academic Program Approval: Guide the Agency in modernization efforts related to HB 1244 and support mechanisms for the Program Review Process Advisory Council.

B. Financial Aid Administration: Perform a structural and operational assessment of the Agency's financial aid processing, focusing heavily on the extreme complexity of the State's portfolio. Maryland's scholarship and grant offerings have organically fragmented into 29 distinct programs, each with separate statutory requirements, deadlines, and compliance rules.

C. Transfer Pathways and Articulation: Develop compliance and policy interventions to mitigate transfer credit loss, specifically addressing Agency research findings that approximately 20% of transfer students lose 18 or more "uncounted credits".

D. Identify actions that may be pursued under existing authority, require regulatory

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2.3.5 Task 5: Strategic Stewardship and Implementation Plan Development

The contractor shall facilitate the development of a strategic stewardship and implementation plan that:

A. Aligns with the 2026-2030 Maryland State Plan for Higher Education.

B. Define strategic priorities for the Commission and Agency through 2030.

C. Establish implementation responsibilities and ownership structures.

D. Align organizational activities with statewide goals and strategies.

E. Identify resource and capacity requirements.

F. Include stakeholder engagement and communications strategies.

2.3.6 Task 6: Implementation Structure Design

A. Develop implementation structures to support execution of State Plan strategies utilizing a dual-horizon framework of 0-6 months for immediate legislative mandates and risk mitigation, and 1-3 years for systemic overhauls.

B. Recommend working groups, advisory structures, governance processes, and cross-sector coordination mechanisms.

C. Define roles for institutions, state agencies, employers, community organizations, and other stakeholders.

D. Establish implementation timelines and decision-making protocols.

E. Recommend processes for annual review and adjustment.

2.3.7 Task 7: Performance Management and Continuous Improvement Framework

The contractor shall:

A. Develop implementation of metrics and performance monitoring processes.

B. Recommend dashboards, reporting structures, and accountability mechanisms that track with the consolidated economic competitiveness plan utilized by the Governor's Economic Competitiveness Subcabinet.

C. Establish processes for annual assessment of progress and implementation effectiveness.

2.3.8 Task 8: Executive Advisory and Implementation Support

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Throughout the engagement, the contractor shall provide strategic advisory support, including:

A. Executive leadership briefings, including proactive legislative communication models regarding financial aid assurance and program approval transparency.

B. Facilitate Commission and leadership retreats.

C. Strategic issue analyses and change management support.

D. Presentations and recommendations to Commissioners and senior leadership.

2.3.9 Deliverables

At a minimum, the contractor shall provide:

A. Project Work Plan and Discovery Summary

B. Governance, Roles, and Responsibilities Assessment Report

C. Organizational Capacity and Operating Model Assessment

D. Policy Lever and Statutory Authority Analysis (including specialized workflows for SB 983 program objections and Fall 2026 Financial Aid IT migration)

E. Draft and Final Strategic Stewardship and Implementation Plan

F. State Plan Implementation Framework (structured around a dual-horizon timeline)

G. Performance Management and Continuous Improvement Framework

H. Executive Briefings and Presentations

I. Final Recommendations Report

2.4 Experience and Personnel

2.4.1 Preferred Offeror Experience

The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability, and references evaluation factor from Section 6.2):

A. Demonstrated knowledge of and experience in higher education policy, state higher education coordinating boards, and governance.

B. Demonstrated knowledge of and experience in strategic planning, organizational design, and change management.

C. Demonstrated knowledge and experience in public-sector governance and postsecondary finance.

D. Demonstrated knowledge and experience with legislative and policy analysis, specifically concerning state-level program approval and state financial aid architecture.

State Administrator Readiness: As required by Maryland procurement regulations, the vendor must be registered in the eMaryland Marketplace Advantage (eMMA) system. The

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2.4.2 Personnel Experience

THIS SECTION IS INAPPLICABLE TO THIS RFP.

2.5 Substitution of Personnel

2.5.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date. Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

2.5.2 Definitions

For the purposes of this section, the following definitions apply:

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave Act; an Incapacitating injury or Incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the Contractor’s Technical Proposal.

2.5.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 2.5.4.

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has at least qualifications equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1. A detailed explanation of the reason(s) for the substitution request;

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2. The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3. The official resume of the current personnel for comparison purposes; and

4. Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

2.5.4 Replacement Circumstances

A. Directed Personnel Replacement

1. The Contract Monitor may direct the Contractor to replace any Contractor

Personnel who, in the sole discretion of the Contract Monitor, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, Agencies policies, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 2.5.4.A.2.

2. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor may give written notice of any Contractor Personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing.

3. Should performance issues persist despite an approved Remediation Plan, the Contract Monitor may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

4. Replacement or substitution of Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

5. If the Contract Monitor determines to direct substitution under 2.5.4.A.1, if at all possible, at least fifteen (15) days’ advance notice shall be given to the Contractor. However, if the Contract Monitor deems it necessary and, in the

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State’s, best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract Monitor may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6. In circumstances of directed removal, the Contractor shall, in accordance with paragraph 2.5.4.A.1 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement To replace any Key Personnel in a circumstance other than as described in 2.5.4.C, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 2.5.3 to the Contract Monitor at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Contract Monitor approves the substitution in writing.

C. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor shall replace Key Personnel whenever a sudden vacancy occurs (e.g., Extraordinary Personal Event, death, resignation, termination).

A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B.

2. Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.5.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

D. Key Personnel Replacement Due to an Indeterminate Absence

1. If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Contract Monitor as required under Section 2.5.3.

2. However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor the Contract Monitor may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

2.5.5 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following

17 | P a g e circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors: the vacancy occurs due to an Incapacitating event or the death of such personnel. To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution.

Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion.

Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination

2.6 Supplemental Category of Work Requirements and Responsibilities

2.6.1 Professional Services Supplemental

The following requirements are applicable to the Contract:

2.6.1.1 Employes 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.

2.6.1.2 Security Clearance / Criminal Background Check

A. 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.

B. A criminal background check is not required for Contractor Personnel.

C. Personnel. A security clearance is not required for Contractor Personnel.

2.6.1.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

2.6.1.4 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

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2.6.1.5 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

2.6.1.6 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

2.6.1.7 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

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Standard Terms and Conditions

2.7 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.

2.8 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. Transition 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.

2.9 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; include copy of signed DPAF J. Amount due; and K. Any additional documentation required by regulation or the Contract.

Invoices that contain fixed price shall clearly identify each deliverable met for the monthly invoice

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.

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

2.9.1 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 –The Price Form), those items shall be billed in the month following the acceptance of the work by the State utilizing the DPAF form following Contract Monitor review. Invoices will be submitted no later than the 15th business day of the month following the end of the invoice period (month prior).

2.9.2 Travel Reimbursement

Travel will not be reimbursed under this RFP.

2.10 Liquidated Damages

2.10.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

2.10.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

2.11 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

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

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

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

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

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

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

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

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I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

2.12 Work Orders

IS SECTION IS INAPPLICABLE TO THIS RFP.

2.13 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.

2.14 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.

2.15 Federal Funding Acknowledgment

This Contract does not contain federal funds.

2.16 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 under the Contract. For policies and

22 | P a g e 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 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.”

2.17 Non-Disclosure Agreement

2.17.1 Non-Disclosure Agreement (Offeror)

Non-Disclosure Agreement (Offeror) is required for this procurement. See 2.17.2

2.17.2 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.

2.18 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/.

2.19 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.

2.20 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:

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

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required

23 | P a g e herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. 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.

2.20.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverage listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

2.20.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to 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 canceled 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.

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

2.20.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

2.20.6 Subcontractor Insurance

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

2.21 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in the staffing requirements of Section 2.4 Experience and Personnel working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Offeror agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. To evidence compliance with this 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.

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3 Proposal Submission Information and Instructions

3.1 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.

3.2 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 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.

3.3 Pre-Proposal Conference

A Conference will be held, the date, time, and location as 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 a 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

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Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

3.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this RFP, must be submitted in writing via e-mail or eMMA 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.

3.4.1 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.

3.4.2 The statements and interpretations contained in responses to any questions, whether responded…