RFP_Perkins_PAS_Replacement_CTPHC_PA_System_Replacement_OCMP_25-24929_Final.pdf

Clifton T. Perkins Public Address System Replacement

Solicitation #: OCMP-25-24929 RFP Document

RFP for Maryland Department of Health Page 1 of 45

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

REQUEST FOR PROPOSALS (RFP)

CLIFTON T. PERKINS PUBLIC ADDRESS SYSTEM

REPLACEMENT

RFP NUMBER OCMP-25-24929

ISSUE DATE: WEDNESDAY, SEPTEMBER 3, 2025

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/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

RFP for Maryland Department of Health Page 2 of 45

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Clifton T. Perkins Public Address System Replacement

Solicitation Number: OCMP-25-24929

RFP Issue Date: Wednesday, September 3, 2025

RFP Issuing Office: Maryland Department of Health (MDH or the "Department")

Procurement Officer: Melane’ Boltz

926 Snow Hill Road, Salisbury MD 21804

Email:

Phone Number:

melane.boltz@maryland.gov

410-572-6214

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number OCMP-25-

24929

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.

RFP for Maryland Department of Health Page 3 of 45

Site Visit & Pre-

Proposal Conference:

(following the site visit)

Site Visit: Friday, September 5, 2025 at 10:00 a.m. Local Time, 8450 Dorsey Run Road

Jessup, MD 20794

Or

Pre Proposal Conference: Friday, September 5, 2025 at 11:00 am Local

Time. no later than Thursday, September 4, 2025 at 12:00 pm Local Time to Attend

Complete Attachment 2 – Pre-Bid/Proposal Conference Response

Form to RSVP to the Procurement Officer via email at melane.boltz@maryland.gov, NO LATE THAN: Thursday, September 4, 2025, 12:00 pm local time.

(See Section 4.3 for additional details).

NO RSVP WILL BE ACCEPTED AFTER THIS TIME. THIS WILL BE

THE ONLY SITE VISIT SCHEDULED FOR THIS SOLICITATION.

VENDORS ATTENDING THE SITE VISIT MUST REPORT TO THE

SECURITY CHECKPOINT AT THE FACILITY FOR ESCORT.

Questions Due Date and

Time:

Monday, September 8, 2025 at 10:00 am Local Time

Proposal Due (Closing)

Date and Time:

Friday, September 12, 2025, at 3:00 pm Local Time.

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) or Disadvantaged

Business Enterprise (DBE) subcontract participation goal of __5_ 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.

mailto:melane.boltz@maryland.gov

RFP for Maryland Department of Health Page 4 of 45

Contract Type: Firm Fixed Price

Contract Duration: Six (6) month base period

Primary Place of

Performance:

Clifton T. Perkins Hospital Center

8450 Dorsey Run Road

Jessup, Maryland 20794

SBR Designation: No

Federal Funding: No

RFP for Maryland Department of Health Page 5 of 45

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

4.4 Questions

RFP for Maryland Department of Health Page 6 of 45

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 Submission Information and Instructions

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)

RFP for Maryland Department of Health Page 7 of 45

1 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.

RFP for Maryland Department of Health Page 8 of 45

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the goods or services, as specified in this

Section 2, from a contract between the selected offeror(s) and the State of Maryland (“State”). The

Maryland Department of Health (MDH) is seeking a Contractor to replace and expand the existing

Public Address System (PAS) at the Clifton T. Perkins Hospital Center (CTPHC) in Jessup, Maryland. The successful Contractor is to provide turn-key solutions for the design and installation of a replacement analog PAS that provides sound coverage in the indoor and outdoor areas as specified in this RFP.

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

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

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

Contract.

2.2 Background and Purpose

CTPHC is operated by MDH as the State's only maximum-security forensic psychiatric hospital.

CTPHC conducts pretrial evaluations of defendants referred by the Courts in criminal matters and also provides the State of Maryland with forensic and other specialized services for the benefit of persons treated with a mental disorder or disability, the Criminal Justice System, other Mental Health

Treatment Centers, and safety and security of the Community. CTPHC is administered by the

Maryland Department of Health. CTPHC has an average daily inpatient population of 275 patients and is accredited by the Joint Commission on the Accreditation of Healthcare Organization (JCAHO).

CTPHC currently utilizes an analog public address system to facilitate regular and emergency announcements throughout the campus. Some components of the system can be dated to the original facility construction in 1959, and some were added between 1972 and 1984. The system is failing, primarily due to age, causing operational and security disruptions. The system also does not provide adequate coverage in all areas (indoor and outdoor), required by the site’s needs. Attempts to repair the existing system have been unsuccessful and facility staff lack the skills and expertise to replace the system.

The purpose of this RFP is to secure a contractor to replace the existing failing PAS by designing and installing a new analog PAS that optimizes coverage in existing areas and incorporates new areas of service.

2.2.1 Project Goals

A. Deploy a modern and JCAHO Ligature Resistance Guidelines (see Appendix 11) compliant analog PAS to increase operational efficiency and overall safety of the facility.

B. Design, install, and warranty a new PAS for the campus to include the main building, two (2)

Maintenance and one (1) Administration outbuildings, outdoor courtyards, and parking lots, thereby ensuring cohesive and complete coverage throughout the entire campus.

RFP for Maryland Department of Health Page 9 of 45

C. Designed solution must include efficient paging zone capabilities to allow for zone targeted announcements which will meet the facility’s needs based on the current campus layout.

D. Replace all existing cables, speakers, microphones, and other supporting hardware and install all necessary new, additional components to ensure an updated and cohesive system.

E. Provide a comprehensive four (4) year maintenance and service plan that begins following the conclusion of the warranty period.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State project team consists of the following:

A. CTPHC Chief Executive Officer (CEO) (Dr. Aliya Jones)

1. Responsible for:

a) Overseeing project completion and operation readiness.

b) Conducting the final walkthrough of the project.

c) Making the final determination on acceptance of the system

2. Will provide:

a) Final acceptance signature for the installation and implementation of the PA system

B. State Project Manager (Brian Jones)

1. Responsible for:

a) Reviewing the requirements of the project and ensuring all requirements are met.

b) Leading the weekly project status meetings with the Contractor.

c) Making the final determination on acceptance of the system

2. Will provide:

a) Written notice of performance issues to the Contractor.

C. CTPHC Technical Contact (Richard Agustin)

a) Day-to-day project oversight acting as a liaison between the Contractor and

State Project Manager.

2. Will provide:

a) Answers to basic questions about the facility and project.

D. CTPHC Security Officer (Major Iesha Hall)

a) Reviewing system features related to hospital security, including emergency broadcast capabilities, location coverage, and usability by security staff.

b) Coordinating access and clearance for Contractor staff as needed.

c) Identifying CTPHC Security Escorts for Contractor’s installation personnel.

2. Will provide:

a) Security review and feedback for final system sign-off.

b) Finalize approval for system security needs.

E. CTPHC Security Escorts

RFP for Maryland Department of Health Page 10 of 45

a) Escorting Contractors and installation personnel during any remaining work or system testing within restricted or patient care areas.

2. Will provide:

a) Continuous monitoring and escort services as needed during access to secure zones.

F. CTPHC Safety Officer (Nathaniel Mack)

a) Reviewing installation for compliance with hospital safety policies and procedures, fire code, emergency response standards, and environmental safety guidelines.

b) Identifying any potential hazards introduced by new equipment.

2. Will provide:

a) Safety clearance and confirmation that the system is safe for use.

b) Feedback or recommendations on any corrective actions required prior to go-live.

G. CTPHC Director of Education and Training (Evangeline Chukwu)

c) Ensuring Contractor’s staff have completed mandatory facility orientation training prior to working onsite.

d) Coordinating internal training on PAS use upon system installation completion.

2. Will provide:

a) Documentation of completed Contractor training compliance.

b) Scheduled and records for staff PA system training sessions, if applicable.

H. CTPHC Chief Operating Officer (COO) (Rodemil Fuentes)

a) Overseeing operational readiness and interdepartmental coordination for the installation.

b) Ensuring that implementation activities (walkthroughs, training, safety/security clearances) are scheduled, monitored, and completed on time.

c) Addressing operational barriers or delays in real time.

d) Liaising between MDH Office of Enterprise Technology (OET), hospital departments, and executive leadership to keep the project aligned with hospital priorities.

2. Will provide:

a) Operational status updates to the CEO and executive team.

b) Escalation support for any logistical or departmental issues that may arise during implementation.

c) Confirmation that hospital operations can accommodate the go-live date of the PAS without disruption.

2.2.3 Other State Responsibilities

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A. The State will provide a dedicated outdoor space no larger than 60’ x 12’ to accommodate a Contractor provided portable storage trailer for purposes of on-site materials and equipment storage. The Contractor shall be solely responsible for securing the trailer and its contents. The State shall not be liable for theft, damage, or loss of stored materials.

No electrical, water, or utility hookups shall be provided unless otherwise agreed in writing. The Contractor shall comply with all applicable local codes, ordinances, and permit requirements related to trailer placement and use.

Upon project completion, the Contractor shall remove the trailer and restore the area to its original condition, subject to State inspection.

B. The state will provide escorted access to inside restroom facilities for contractor use.

2.3 Contractor Responsibilities and Tasks

The Contractor shall furnish all means, methods, labor, materials, tools, equipment, transportation, services, and incidentals to provide a complete and cohesive PAS at CTPHC including all appurtenant work and accessories, to the complete satisfaction of, approval, and acceptance by MDH. To facilitate this, the Contractor shall provide:

A. All work necessary to supply and install a turnkey analog PAS, to include all equipment, materials, and labor, whether specifically mentioned herein or not, to ensure a complete and operational system. System refers to the complete and functional assemblage of all components and equipment required to achieve the specified functionality, performance, and design intent. This shall include, but is not limited to, ancillary items such as UPS, power supplies, connectors, etc. required to ensure the current system remains functional while the new system is installed. Installation activities shall comply with all applicable building codes and Federal, State, and local laws and regulations (JCAHO https://www.jointcommission.org/en-us) (COMAR 09.12.51 https://dsd.maryland.gov/Pages/COMARSearch.aspx)

B. The installed PAS must supply 100% speaker coverage for four (4) indoor buildings, eight (8) outdoor areas, and three (3) parking areas identified in Appendix 9 CTPHC

Map.

C. A comprehensive system design to outfit all CTPHC buildings, parking lots, and yards with a complete and cohesive PAS. The final design plan shall be approved by the State

Project Manager prior to any installation. All proposed components must meet JCAHO

Ligature Resistance guidelines (see Appendix 11). The Contractor must demonstrate component compliance in their submitted proposal.

D. A validation test following initial installation and implementation of the new PAS to ensure all components are accessible, working properly, and meet coverage and volume requirements of CTPHC. Testing should ensure all system interfaces, devices, and basic functions are accessible and working properly. Testing must validate the minimum functional and performance requirements as detailed. The State Project Manager and

CTPHC CEO, or designated representative, will accompany the Contractor as they conduct the validation testing. The Contractor shall be responsible for correcting any https://www.jointcommission.org/en-us https://dsd.maryland.gov/Pages/COMARSearch.aspx

RFP for Maryland Department of Health Page 12 of 45 deficiencies noted by the State Project Manager to the satisfaction of the Department.

Dependent on the identified deficiency, the Contract will complete all corrections in no less than three (3) business days and no more than five (5) business days.

E. As-built documentation upon completion and acceptance of the validation testing. This must include detailed written and graphic documentation of the newly installed PAS infrastructure, including amplifiers, speakers, speaker cables, microphones, and other critical components, as much as possible. The existing facility zone code identification should be retained. All existing speaker cabling must be traced electronically from the source point to the final use point. All locations must be graphically documented and labeled. All documentation must be provided electronically in PDF format.

F. On-site training in the operation and maintenance of the system for all personnel designated by the facility.

G. At minimum, a one (1) year, no cost warranty (travel, parts, and labor) to commence upon final acceptance of PAS validation testing.

H. A comprehensive four (4) year 24/7/365 maintenance and service program, which will commence after the expiration of the initial warranty period and include all parts, labor, and mileage for vendor support of the system.

I. Progress reports shall be presented at a weekly on-site or virtual meeting to include, at minimum, the Contractor project manager, Contract installation leader, State Project

Manager, On-Site Technical Contact, and On-Site Safety Officer. Progress reports are to include at a minimum, completed work, remaining work, quality and risk mitigation assessment, and resource utilization.

J. Weekly progress reports from the prior week’s work will be conveyed via email, by zone code, to the State Project Manager no later than 11:30 am on Monday of the following week. Progress reports are to include at a minimum, completed work, remaining work, quality and risk mitigation assessment, and resource utilization.

K. The construction of the PAS will be completed in phases while the existing system not yet replaced is kept in operating condition to prevent interruption of facility operations.

L. Keep the premises free from accumulation of waste materials or rubbish at all times. The

Contractor shall leave the work area clean and free of materials, debris, and Contractor equipment to the satisfaction of the CTPHC Technical Contact. The Contractor shall be responsible for the removal and disposal of all debris, materials, and removed components (cabling, speakers, amplifiers, etc.) in strict accordance with CTPHC safety guidelines, (Appendix 12, CTPHC Visitor Guidelines) all applicable regulations, codes, laws, and ordinances. Failure to adhere to these requirements may result in the assessment of liquidated damages (Exhibit 2 – Sample Contract).

M. Complete all required design, construction, and testing work during the normal business hours of Monday – Friday 8:00AM – 4:00PM unless otherwise authorized in writing by

RFP for Maryland Department of Health Page 13 of 45 the State Project Manager.

N. Ensure all Contractor personnel performing under the contract always adhere to CTPHC

Contractor Construction Guidelines (see Appendix 11) and CTPHC Visitor Guidelines

(see Appendix 12). Failure to adhere to guidelines may result in removal from the facility. The Contractor and all employees must be in possession of a State or Federal issued ID to enter the facility. Any employee that does not have the required ID may be denied access to the facility.

O. Obtain any necessary permits from State or local government prior to the start of work.

The Contractor is also responsible for contacting and obtaining utility markings from

Miss Utility if applicable.

P. Have all staff complete CTPHC Staff Orientation Training Class prior to the initiation of work. The class consists of one (1) day of on-site training from 8:00AM EST to 4:00PM

EST.

Q. The Contractor shall not perform additional work not stated in the specifications that may lead to additional costs without written approval from the Procurement Officer.

R. Submit to personal inspection of person and all toolboxes/bags by CTPHC security staff in order to enter and leave the facility.

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 commercial PAS design and installation with at least five

(5) years of experience designing and installing commercial PAS.

B. At minimum, three (3) references for jobs of similar scope and size.

2.4.2 Personnel Experience

A. Installer supervisor – at least three (3) years of experience supervising the installation of commercial PAS.

B. Installer – at least one (1) year of experience installing commercial PAS.

2.4.3 Proposed Staff Resumes

A. Contractor will supply, in their proposal, resumes for any personnel they propose to employ for this job, for the positions of:

1. Contractor Project Manager

2. Installer Supervisor

2.5 Substitution of Personnel

2.5.1 Continuous Performance of Key Personnel

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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 the following: 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 qualifications at least 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;

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

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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, Department 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

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

1. To replace any Key Personnel in a circumstance other than as described in

2.5.4.B, 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

RFP for Maryland Department of Health Page 16 of 45 termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B.1.

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 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

See the attached Facilities Maintenance Supplemental associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 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.

3.3 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

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

Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

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

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3.3.1 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.

B. For Items of work for which there is annual pricing (see Attachment B–The Price

Form), those items shall be billed in equal monthly installments for the applicable

Contract year in the month following the performance of the services.

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15th business day of the month following the end of the invoice period.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 – Sample Contract.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

3.5 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.

RFP for Maryland Department of Health Page 19 of 45

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.

3.6 Corrective Action Plan

3.6.1 MDH may issue a request for a Corrective Action Plan (CAP) to address Contractor performance issues. If any Contractor requirements as described in the RFP Contract are not satisfactorily performed, in the determination of the Contract Monitor, the

Contractor shall submit a CAP upon request, describing all actions it will take to ensure that the impacted requirements will be satisfied thereafter. This CAP must be submitted to the Contract Monitor for approval within five (5) days of the Contract

Monitor's written request identifying such deficiencies.

3.6.2 The Contractor shall include the following in the CAP:

Background information;

B. Problem definition statement;

C. Findings and root cause description;

D. Corrective actions; and

A. Corrective action implementation dates

3.6.3 If the Contract Monitor is not satisfied that the Contractor’s proposed CAP will prevent a recurrence of the deficiency(ies), the Contract Monitor will notify the

Contractor and require a revised CAP. The revised CAP must be submitted to the

Contract Monitor within three (3) days of the Contract Monitor’s rejection of the previous CAP.

3.7 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.8 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:

RFP for Maryland Department of Health Page 20 of 45 http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX

10Form20150615.pdf.

3.9 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 -

Sample Contract). Additional information is available on GOSBA’s website at:

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

3.10 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.11 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 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.”

3.12 Non-Disclosure Agreement

3.12.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain confidential information is necessary to disclose to potential Offerors before Offerors can submit their proposals and may be available for potential Offerors to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such confidential information is identified, Offerors are required to sign a Non-Disclosure Agreement in the form of Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the confidential information being provided by the Procurement Officer.

3.12.2 Non-Disclosure Agreement (Contractor)

RFP for Maryland Department of Health Page 21 of 45

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

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

3.13 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy

Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.14 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

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

3.15 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:

3.15.1 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 herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. 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.

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

Workers’ Compensation Insurance and professional liability.

3.15.3 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 https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

RFP for Maryland Department of Health Page 22 of 45 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.

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

3.15.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5)

Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.15.6 Subcontractor Insurance

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

3.16 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.

RFP for Maryland Department of Health Page 23 of 45

4 Proposal Submission Information and Instructions

4.1 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.

4.2 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.

4.3 Pre-Proposal Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of 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. Due to the security level of this facility please carefully read and follow the direction on the KISS for participation in the site visit. No expectations will be made in reference to response times for participation.