RFP91115CB_-_EMPLOYER_OF_RECORD.pdf

UNIVERSITY OF MARYLAND

BALTIMORE

COMPETITIVE SEALED PROPOSALS

REQUEST FOR PROPOSAL (RFP)

91115CB

FOR

EMPLOYER OF RECORD

Issued: Thursday, February 20th, 2025 Pre-Proposal Conference: Thursday, February 27th, 2025 from 11AM – 12PM ET Deadline for Questions: Thursday, March 6th, 2025 at 2PM ET Due Date for Proposals: Monday, March 24th, 2025 at 5PM ET

Issued by: University of Maryland, Baltimore

Strategic Sourcing and Acquisition Services Saratoga Street Offices Level 02 Room # 02-100 220 Arch Street Baltimore, MD 21201-1531 Attn: CJ Bak 410-706-2514 (voice) 410-706-8577 (fax)

Deliver to:

All proposals shall be submitted via eMaryland Marketplace Advantage (eMMA):

https://emma.maryland.gov Solicitation# BPM048353 Late responses will not be considered

Pre-Proposal Conference: Virtual via Microsoft Teams – Thursday, February 27th, 2025 (11AM – 12PM ET)

To request invitation – email cbak@umaryland.edu With names, titles and email addresses of all attendees

SPECIAL ACCESS: Anyone requiring special assistance in obtaining a copy of the solicitation, in attending a pre-proposal conference or in delivering a proposal are requested to contact the Buyer listed above at least 48 hours in advance.

https://emma.maryland.gov/ mailto:cbak@umaryland.edu

University of Maryland, Baltimore | RFP91115CB TABLE OF CONTENTS ii

TABLE OF CONTENTS

SECTION I: SUMMARY INFORMATION…………………………………………... 1

A. SUMMARY STATEMENT…………………………………………………… 1

B. ISSUING OFFICE…………………………………………………………...… 1

C. QUESTIONS AND INQUIRIES……………………………………………… 1

D. DELIVERY OF PROPOSALS………………………………………………... 1

E. PROPOSAL CLOSING DATE…………………………………...…………… 2

F. PRE-PROPOSAL CONFERENCE…………………………………………… 2

G. DURATION OF PROPOSAL OFFER……………………………………….. 2

H. TERM OF CONTRACT………………………………………………………. 3

I. EVALUATION OF OFFERS…………………………………………………. 3

J. PROPOSAL ACCEPTANCE…………………………………………………. 4

K. FORMATION OF AGREEMENT/CONTRACT OR

ISSUANCE OF PURCHASE ORDER………………………………... 4

L. PROPOSAL AFFIDAVIT AND CERTIFICATIONS………………………. 4

M. CERTIFICATION REGARDING INVESTMENT

ACTIVITIES IN IRAN………………………………………………………… 4

N. ELIGIBILITY TO PURCHASE………………………………………………. 4

SECTION II: GENERAL INFORMATION FOR VENDORS……………………………. 5

A. PURPOSE………………………………………………………………………. 5

B. GENERAL INFORMATION FOR VENDORS……………………………... 5

C. ADDENDA TO THE RFP……………………………………………………... 6

D. CANCELLATION OF THE RFP…………………………………………….. 6

E. ORAL PRESENTATION……………………………………………………… 6

F. INCURRED EXPENSES………………………………………………………. 6

G. ECONOMY OF PREPARATION…………………………………………….. 6

H. ACCEPTANCE OF TERMS AND CONDITIONS………………………….. 6

I. PROCUREMENT REGULATIONS………………………………………….. 6

J. MULTIPLE PROPOSALS…………………………………………………….. 6

K. ALTERNATE SOLUTION PROPOSALS…………………………………… 7

L. CONTRACTOR RESPONSIBILITIES………………………………………. 7

M. PUBLIC INFORMATION ACT………………………………………………. 7

N. MINORITY BUSINESS ENTERPRISE NOTICE…………………………... 7

O. ARREARAGES………………………………………………………………… 7

P. TAXES…………………………………………………………………………... 8

Q. RFP RESPONSE MATERIALS………………………………………………..8

R. PROPOSAL SECURITY………………………………………………………. 8

S. DEBRIEFING OF UNSUCCESSFUL OFFERORS…………………………. 8

T. MARYLAND PUBLIC ETHICS LAW……………………………………….. 8

U. HIPAA

SECTION III: TECHNICAL & SPECIFICATIONS…………………………………… 10

A. BACKGROUND………………………………………………………………. 10

B. SCOPE OF THE PROJECT…………………………………………………. 11

University of Maryland, Baltimore | RFP91115CB TABLE OF CONTENTS iii

C. SPECIFICATIONS…………………………………………………………… 11

D. INSURANCE………………………………………………………………….. 14

SECTION IV: EVALUATION AND SELECTION PROCEDURES……………………. 19

A. EVALUATION AND SELECTION COMMITTEE……………………….. 19

B. EVALUATION PROCEDURE………………………………………………. 19

C. TECHNICAL EVALUATION……………………………………………….. 19

D. MINIMUM TECHNICAL SCORE………………………………………….. 19

E. FINANCIAL EVALUATION………………………………………………... 20

F. FINAL RANKING AND SELECTION……………………………………... 20

G. CRITERIA FOR TECHNICAL EVALUATION…………………………... 20

SECTION V: INFORMATION REQUIRED IN VENDOR PROPOSALS……………… 23

A. TRANSMITTAL LETTER…………………………………………………… 23

B. TWO VOLUME SUBMISSION……………………………………………… 23

C. VOLUME I – TECHNICAL………………………………………………….. 23

D. VOLUME II – FINANCIAL………………………………………………….. 24

E. SUBMISSION………………………………………………………………….. 24

SECTION VI: APPENDICES AND ATTACHMENTS…………………………………… 25

A. SCHEDULES B AND A ……………………………………………………… 26

B. BID PROPOSAL AFFIDAVIT [All]…………………………………………. 31 C. MAINTENANCE/SERVICE [Service RFP]…………………………………. 40 D. CONTRACT AFFIDAVIT [with C]…………………………………………...48

E. COMPANY PROFILE ………………………………………………………... 52

F. COMPANY CONTRACT EXPERIENCE…………………………………… 53

G. KEY PERSONNEL…………………………………………………………….. 54

H. ACKNOWLEDGEMENT OF ADDENDA…………………………………… 58

I. PRICE PROPOSAL……………………………………………………………. 59

University of Maryland, Baltimore | RFP91115CB 1

Employer of Record

SECTION I: SUMMARY INFORMATION

A. SUMMARY STATEMENT

The University of Maryland, Baltimore (“UMB” as described herein) is seeking proposals from established Employer of Record (EOR) or Professional Employer Organization (“PEO”) providers that can provide employer compliance, payroll, and tax remittance services and that can act on UMB’s behalf to employ individuals who accept work assignments for UMB but will not be employed or paid by UMB itself because they work exclusively in U.S. locations other than Maryland.

B. ISSUING OFFICE

RFP91115CB – Employer of Record University of Maryland, Baltimore Strategic Sourcing and Acquisition Services Saratoga Street Offices Level 02 Room 02-100 220 Arch Street Baltimore, Maryland 21201-1531 410-607-2514

The sole point of contact in the University for purposes of this RFP is the issuing office.

Any questions with regard to any aspect of this proposal must be directed to CJ Bak [cbak@umaryland.edu] in writing.

C. QUESTIONS AND INQUIRIES

Questions and inquiries should be directed to the individual referenced with the Issuing Office above. All such questions and inquiries must be received by Thursday, March 6th, 2025 by 2PM ET. Inquiries will receive a written reply. Copies of replies will also be posted on eMaryland Marketplace- eMMA

D. DELIVERY OF PROPOSALS

a. All proposals shall be submitted via eMaryland Marketplace Advantage

(eMMA): https://emma.maryland.gov/ under Solicitation # BPM048353

b. eMMA will not accept submissions after the date and exact time stated in this RFP. The date and time of submission is determined by the date and time of arrival in eMMA. It is the Offeror’s sole responsibility to allow enough time to submit in a timely manner.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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c. By providing the Proposal to the University, the Offeror grants the University the unlimited right to generate additional electronic and/or paper copies for distribution solely for the purpose of evaluation and review.

E. PROPOSAL CLOSING DATE

In order to be considered, one electronic version of each proposal must arrive at the issuing office via eMMA by Monday, March 24th, 2025 no later than 5:00 p.m. ET. Proposals or unsolicited amendments to proposals arriving after the closing date and time will not be considered. There will be no formal proposal opening.

E. PRE-PROPOSAL CONFERENCE

There will be a Pre-Proposal Conference held in conjunction with the RFP. Attendance at the Pre-Proposal conference is not mandatory. The conference will be held virtually via Microsoft Teams on Thursday, February 27th, 2025 from 11AM – 12PM ET. To attend please email CJ Bak cbak@umaryland.edu with RFP91115 – Employer of Record Pre- Proposal Conference as the title. Please include the email addresses of all attendees requesting invitation.

While attendance at the Pre-Proposal Conference is not mandatory, information presented may be very informative; therefore, all interested vendors are encouraged to attend in order to be able to better prepare acceptable proposals. If your firm plans to send representatives, please email the issuing office by Wednesday, February 26th 2025 by COB. We ask that a maximum of two (2) representatives from each company attend this meeting.

At the Pre-Proposal conference, potential offerors will have an opportunity to: (1) ask and receive answers to all questions regarding the specifications and general conditions, (2) receive any additional information relating to this contract, and (3) address student, faculty and staff concerns.

Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request. Please call CJ Bak at (410-706-2514) with specific requests at least three (3) business days prior to conference.

G. DURATION OF PROPOSAL OFFER

Proposals are to be held valid for 180 days following the closing date for this RFP. This period may be extended by mutual agreement between the vendor and the University.

H. TERM OF CONTRACT

The contract shall be for a period of three years from the date of contract award.

mailto:cbak@umaryland.edu

University of Maryland, Baltimore | RFP91115CB 3

The University shall have the option to renew the contract for two (2) additional three-year terms, said options to be exercised at the sole discretion of the University.

AND

Contractor may submit a written request annually for rate adjustment not more than ninety

(90) days prior to the Contract anniversary date. All other terms and conditions shall remain the same.

UMB will use the U.S. Bureau of Labor Statistics, Consumer Price Index, (CPI) to monitor any such rate adjustment requests for reasonableness. UMB will use the All Urban Consumers (CPI-U), U.S. City Average, not seasonally adjusted, for the month - month period for the proceeding year. UMB will use the (month and year) index of 315.605 as the benchmark. All such rate adjustment requests will be calculated using a simple percentage method. In all instances UMB will use the base period data in effect at the time of the receipt of responses to the RFP.

The following example illustrates the computation of percentage change:

CPI for current period: 150.252 Less CPI for previous period: 147.362 Equals index point change: 2.89 Divided by previous period CPI: 147.362 Equals: .0196 Results multiplied by 100: .0196 x 100 Equals Percentage change: 1.96%

I. EVALUATION OF OFFERS

A contract award will be made to the responsible offeror(s) whose proposal best meets the needs of the University as determined by the Procurement Officer. All proposals will be evaluated by a University evaluation committee. After considering the factors set forth in this RFP, the committee will make recommendations for the award of the contract to the vendor(s) whose proposal is/are determined to be the most advantageous to the University.

J. PROPOSAL ACCEPTANCE

The University reserves the right to accept or reject any and all proposals, in whole or in part, received as a result of this RFP, to waive minor irregularities, to negotiate in any manner necessary to best serve the interest of the University. Further, the University reserves the right to make a whole award, multiple awards, a partial award or no award at all. Offerors judged by the procurement officer not to be responsible or offerors whose proposals are classified as not reasonably susceptible of being selected for award shall be so notified. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services.

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K. FORMATION OF AGREEMENT/CONTRACT OR ISSUANCE OF PURCHASE

ORDER

The Contract to be entered into as a result of this RFP (the “Contract”) shall be by and between the offeror as contractor and the University in the form of either a University Purchase Order or Contract and shall contain the provisions included herein as Appendix A (Schedule B) or Appendix C (Service Contract) as well as any additional terms required by the University of Maryland, Baltimore or the State of Maryland. By submitting an offer, the Contractor warrants that they have reviewed Appendix C (Services) and will execute a contract on that form upon request by University of Maryland, Baltimore.

L. PROPOSAL AFFIDAVIT AND CERTIFICATIONS

State procurement regulations require that proposals contain certifications regarding non-collusion, debarment, cost and price, etc. The affidavit form, which should be completed by all respondents and returned with their respective responses, is included as Appendix B of the RFP.

M. CERTIFICATION REGARDING INVESTMENT ACTIVITIES IN IRAN

Offerors must complete, sign and return Appendix I, Certification Regarding Investment Activities in Iran with their solicitation response. Companies appearing on the Investment Activities In Iran list are ineligible for award.

N. ELIGIBILITY TO PURCHASE

The pricing, terms and conditions of any successful offeror’s proposal and any contract that results from this RFP may be made available to other agencies for cooperative procurements. By submitting a proposal, the contractor agrees to extend the proposal price structure and discounts to all University System of Maryland campuses and facilities within the State of Maryland, and any other educational institution in the State of Maryland.

All purchases under this contract by any entity which is not a unit or agency of the State of Maryland (1) shall constitute a purchase or contract between the Contractor and that entity only, (2) shall not constitute a purchase or contract of the State of Maryland, (3) shall not be binding or enforceable against the State of Maryland or any of its units or agencies, and

(4) may be subject to other terms and conditions agreed to by the Contractor and the purchases. Contractor bears the risk of determining whether or not any entity from which the Contractor receives an order under the Contract is a unit or agency of the State of Maryland such that the contract may be enforced against the State of Maryland.

University of Maryland, Baltimore | RFP91115CB 5

RFP91115CB – EMPLOYER OF RECORD

SECTION II: GENERAL INFORMATION FOR VENDORS

A. PURPOSE

The overall purpose of this RFP is to provide information to vendors interested in preparing and submitting proposals to meet the requirements for the Employer of Record (EOR) or Professional Employer Organization (PEO) services described herein.

Proposals will be received for the services specified herein or attached hereto under the terms, conditions, and general specifications of this proposal.

The University invites proposal from qualified EOR Service providers that can provide employer compliance, payroll, and tax remittance services and that can act on UMB’s behalf to employ individuals who accept work assignments for UMB but will not be employed or paid by UMB itself because they work exclusively in U.S.

locations other than Maryland.

UMB anticipates needing EOR service for approximately sixty (60) to one hundred

(100) persons in approximately thirty (30) non-covered states. As determined by UMB, these persons will be paid by the EOR on a bi-weekly payroll schedule or paid based on deliverables (such as course sections taught). UMB will authorize the EOR to make payments and will advise the EOR of needed information related to its employment of designated personnel, including hire dates, termination dates, and selected benefits (e.g., health insurance, retirement contributions) from the benefits available through the EOR.

B. GENERAL INFORMATION FOR VENDORS

1. Proposals must be made in the official name of the firm or individual under whom business is conducted (showing official business address) and must be signed by a duly authorized person.

2. Each offeror must furnish all information required by the proposal request. Erasures or other changes must be initialed by the person signing the proposal. Proposals signed by an agent of the corporation must be accompanied by evidence of their authority.

3. This Request for Proposals creates no obligation on the part of the University to award the contract or to compensate offerors for proposal preparation expenses.

4. The University reserves the right to award a contract based upon the proposals received without further negotiations. Vendors should therefore not rely on having a chance during negotiations to change their offer.

5. Before the award of a contract, University of Maryland, Baltimore may require the offeror to submit evidence of any information related to the financial, technical, and other qualifications and abilities of the offeror.

University of Maryland, Baltimore | RFP91115CB 6

C. ADDENDA / AMENDMENT TO THE RFP

If it becomes necessary to revise any part of the RFP, addenda/amendments will be sent via eMMA. Proposers responding to this RFP must acknowledge the receipt of any, and all, addenda, amendments and/or changes issued. An Acknowledgement of the Receipt of Amendments and Addenda (Appendix I) issued before the proposal due date shall be required from all vendors submitting a proposal.

D. CANCELLATION OF THE RFP

The University may cancel this RFP, in whole or in part, at any time.

E. ORAL PRESENTATION

Vendors who submit proposals may be required to make individual presentations to University representatives in order to clarify their proposals.

F. INCURRED EXPENSES

The University will not be responsible for any costs incurred by any vendor in preparing and submitting a proposal, delivery of or return of representative samples (if applicable).

G. ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straightforward, concise description of the vendor’s offer to meet the requirements of the RFP.

H. ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a proposal in response to this RFP, the firm accepts the terms and conditions set forth in this RFP.

I. PROCUREMENT REGULATIONS

This RFP and any resulting contract shall be governed by the USM Procurement Policies and Procedures and the State Finance and Procurement Article of the Annotated Code of Maryland and by State Procurement Regulations, Code of Maryland Regulations Title 21, as applicable.

J. MULTIPLE PROPOSALS

Vendors may not submit more than one proposal.

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K. ALTERNATE SOLUTION PROPOSALS

Vendors may not submit an alternate to the solution given in this RFP.

L. CONTRACTOR RESPONSIBILITIES

The University shall enter into contractual agreement with the selected offering vendor(s) only. The selected vendor(s) shall be responsible for all products and/or services required by this RFP. Subcontractors, if any, shall be identified and a complete description of their role relative to the proposal shall be included. The University’s intent is not to direct the use of any particular vendor, however, the vendor will not contract with any such proposed person or entity to whom the University has a reasonable objection. Notification of such objection will be made by the University within 15 days of contract. The vendor shall be fully responsible for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them.

M. PUBLIC INFORMATION ACT

Offerors must specifically identify those portions of their proposals, if any, which they deem to contain confidential, proprietary information or trade secrets and must provide justification why such material should not, upon request, be disclosed by the University under the Public Information Act, Title 4, General Provisions Article, Annotated Code of Maryland.

Vendors must clearly indicate each and every section that is deemed to be confidential, proprietary or a trade secret (it IS NOT sufficient to preface your proposal with a proprietary statement). Failure to comply may result in rejection of your proposal.

N. MINORITY BUSINESS ENTERPRISE NOTICES

Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice.

This solicitation does not have an MBE participation goal.

O. ARREARAGES

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits and that it shall not become so in arrears during the term of the contract if selected for contract award.

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P. TAXES

The University of Maryland, Baltimore is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes, except as noted in applicable sections of COMAR. Exemption Certificates shall be provided upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, Contractor shall pay the Maryland Sales tax and the exemption does not apply.

Q. RFP RESPONSE MATERIALS

All written materials submitted in response to this RFP become the property of the University and may be appended to any formal documentation, which would further define or expand the contractual relationship between the University and the successful vendor(s).

R. PROPOSAL SECURITY

N/A

S. DEBRIEFING OF UNSUCCESSFUL OFFERORS

Unsuccessful proposers may request a debriefing. If the proposer chooses to do so, the request must be submitted in writing to the Procurement Officer within ten days after the proposer knew or should have known its proposal was unsuccessful. Debriefings shall be limited to discussion of the specific proposer’s proposal only and not include a discussion of a competing offeror’s proposal. Debriefings shall be conducted at the earliest feasible time.

The debriefing may include information on areas in which the unsuccessful proposer’s proposal was deemed weak or insufficient. The debriefing may NOT include discussion or dissemination of the thoughts, notes or ranking from an individual evaluation committee member. A summarization of the procurement officer’s rationale for the selection may be given.

T. MARYLAND PUBLIC ETHICS LAW, TITLE 5

The Maryland Public Ethics Law prohibits, among other things: State employees or officials (and in some cases, former employees) and businesses in which such an individual is employed or holds a financial interest from (i) submitting a bid or proposal,

(ii) negotiating a contract, and (iii) entering into a contract with the governmental unit with which the individual is affiliated per §5-502 of the Maryland Public Ethics Law, Title 5, General Provisions Article, Annotated Code of Maryland.

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If the bidder/offeror has any questions concerning application of the State Ethics law to the bidder/offeror’s participation in this procurement, it is incumbent upon the bidder/offeror to see advice from the State Ethics Commission; Office of the Executive Director, 9 State Circle, Suite 200, Annapolis, MD 21401, 410-974-2068 or toll free 1- 877-669-6085.

The procurement officer may refer any issue raised by a bid or proposal to the State Ethics Commission. The procurement officer may require the bidder/offeror to obtain advice from the State Ethics Commission and may reject a bid or proposal that would result in a violation of the Ethics Law.

The resulting contract is cancelable in the event of a violation of the Maryland Public Ethics Law by the vendor or any State of Maryland employee in connection with this procurement.

U. HIPAA

Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-

191. ("HIPAA") and Maryland Confidentiality of Medical Records Act (Annotated Code of Maryland, Health – General Article '4-301 et seq. ("the Act"). Contractor acknowledges that the University of Maryland Baltimore is a HIPAA hybrid covered entity. Contractor agrees that Contractor's access to and use of protected health information (as that term is defined by HIPAA), if any, under this Agreement will be conducted in accordance with the requirements of the Act and HIPAA, including the terms of a HIPAA Business Associate Agreement if so required by UMB. Such Business Associate Agreement is either attached hereto as Schedule H or Contractor shall promptly execute such Business Associate Agreement upon the University's request. Contractor shall also cause any subcontractor, agent, or party under Contractor's direction or control that is participating in this Agreement to promptly execute a standard HIPAA Business Associate Agreement if so requested by UMB.

University of Maryland, Baltimore | RFP91115CB 10

SECTION III

TECHNICAL REQUIREMENTS & SPECIFICATIONS

A. BACKGROUND

UMB is a public institution with the multiple missions of education, research, and service. The 34-acre complex located in downtown Baltimore, a city that has become a model for urban rebirth and vitality. The UMB complex has several administrative offices, with over 7,000 employees and approximately 6,900 students enrolled in seven professional schools: School of Dentistry, School of Law, School of Medicine, School of Nursing, School of Pharmacy, School of Social Work and Community Planning, and the Graduate School.

The University invites proposals from qualified EOR Service providers that can provide employer compliance, payroll, and tax remittance services and can act on UMB’s behalf to employ individuals who accept work assignments for UMB but will not be employed or paid by UMB because they work exclusively in U.S. locations other than Maryland.

The EOR would make compensation and benefits arrangements with these personnel and would ensure that the EOR and the employed personnel are in compliance with the requirements of applicable state-based employment laws, including payroll and tax laws, workers compensation requirements, unemployment insurance requirements, and all other state-based statutory compensation and benefits.

The relationship of the EOR to UMB would be that of an Independent Contractor. Any employees or agents of the EOR or any other person, while engaged in the performance of any work or services required by the EOR under these specifications and UMB’s contract with the EOR, would not be considered employees of UMB. UMB would furnish job descriptions, set salaries to be paid to designated employees by the EOR, and determine what benefits are available from the EOR in accordance with options the EOR makes available to UMB.

UMB anticipates needing EOR service for approximately sixty (60) to one hundred

(100) persons in approximately thirty (30) non-covered states. As determined by UMB, these persons will be paid by the EOR on a bi-weekly payroll schedule or paid based on deliverables (such as course sections taught). UMB will authorize the EOR to make payments and will advise the EOR of needed information related to its employment of designated personnel, including hire dates, termination dates, and selected benefits (e.g., health insurance, retirement contributions) from the benefits available through the EOR.

The EOR/PEO will not provide services related to any UMB employee positions that are covered by one of the University’s two recognized collective bargaining units. All designated employees will be exempt from overtime rules of the United States. No

University of Maryland, Baltimore | RFP91115CB 11 designated employee will receive State of Maryland employment benefits (e.g., State health insurance plans, or State retirement plans).

B. SCOPE OF PROJECT

UMB, a public state university in Maryland, is seeking a compliant and favorable solution pertaining to the hiring and retention of UMB-designated personnel who will regularly work remotely from locations outside the state of Maryland.

C. SPECIFICATIONS

The following provides specifications and characteristics of the services and provider.

Vendors are asked to reply to each specification addressed with completeness and accuracy. Vendors are not to reply with YES or NO answers only.

All services shall conform to all applicable Federal and State laws and regulations and to the specifications contained in the solicitation.

The technical submission requires the Offeror to address the following items in essay form, where appropriate, describing their ability to provide these features. They should also provide any information or documentation requested. Technical scores will be assessed based on our evaluation of your response to this section. Note - All responses must be clearly identified and presented in sequence listed below.

a. SERVICE REQUIREMENTS

UMB is issuing this Request for Proposals (RFP) to solicit comprehensive proposals from vendors who can meet all applicable state-based employer compliance obligations associated with having one or more employees work exclusively from a state other than Maryland. Additionally, UMB is seeking information on vendor capabilities to assume responsibility for compliance with state-based employment laws. The purpose of this RFP is to gather detailed proposals from interested parties who can provide Employer of Record/Professional Employer Organization (EOR/PEO) services. The selected provider will be expected to offer the following services:

(1) Register with respective State Tax Commissions, including remittance of payment and tax returns for EOR employees who are UMB-designated personnel residing in the non-covered states for the following:

a. State and local payroll taxes

b. Unemployment Insurance premiums

c. Workers’ Compensation Insurance Premiums or Assessments

(2) Provide a competitive benefits package to all EOR employees, to include health and retirement benefits. All benefits offered to EOR employees will

University of Maryland, Baltimore | RFP91115CB 12 be designated by UMB from selections made available by the EOR or chosen by the EOR and UMB in consultation with one another.

(3) Provide a leave package equivalent to the package offered to UMB employees, which includes 22 days of paid annual leave per calendar year, 14 holidays, including 2 floating holidays, and 15 days of sick leave.

(4) Manage payroll services:

a. Administer payroll; calculate and withhold employee taxes, state unemployment insurance and other state mandated benefits;

calculate and distribute taxes and other employer payments and documentation to appropriate federal, state, and local municipalities as required.

b. Process tax and compensatory benefit program deposits provided by the EOR.

c. Process required monthly/quarterly payroll tax forms.

d. Complete and file state quarterly payroll tax reports in a timely manner consistent with state reporting requirements.

e. Complete all state and local tax deposits in a timely manner consistent with applicable state laws and reporting requirements.

f. Provide a seamless, easy to use online system or methodology for adding, or changing a single employee record set-up and maintenance. Record changes should include but are not limited to pay rate changes, position changes, address changes, benefit eligibility/election changes, with an ability to manage short-term employees who may work for repeated terms that may or may not include a break in service.

g. Determine and comply with requirements for unemployment insurance per state and rate charged.

h. Provide and administer workers’ compensation insurance and address claims as they arise.

i. Ensuring new hires are properly onboarded (using an electronic system) and entered in the EOR’s payroll system.

j. Offer direct deposit.

k. Handle FICA changes and tax treaty benefits for foreign national employees

(5) Retain all records or services, including records of payments, concerning a designated employee until at least five (5) years after that employee’s separation from service with the EOR or the termination of the EOR’s contract with UMB. Provide UMB prompt access to any designated employee’s records upon request for the records.

(6) Maintain compliance covering UMB-designated personnel for all statutory compensation, benefits, leave, taxes, insurance, and all other federal, state, or local compliance laws and regulations including but not limited to:

1. Workers’ compensation insurance

University of Maryland, Baltimore | RFP91115CB 13

2. Unemployment insurance

3. State employment laws (e.g., wage and hour laws)

4. State employee benefits laws (e.g., mandated paid leave requirements such as family medical leave or disability benefits)

5. Payroll considerations (e.g., state and local taxation, mandatory contributions to state benefits plans, mandatory pay dates that differ from the standard UMB schedule)

6. Occupational health and safety standards

7. State and local reporting requirements

8. Professional licensing requirements for work in another state.

b. GENERAL

Offeror to provide the following:

1) A company profile, including management summary of the history, capabilities, and qualifications for providing the required services.

2) A copy of the last two (2) years of financial statements, balance sheets, or other documentation that would provide information concerning the financial condition of your company.

3) A communication and onboarding plan for UMB-designated personnel who for whom your company will provide employer of record services.

4) Coordination of reconciliation of funds for faculty who are on private, state, and federal grants.

5) Maintaining any credentialling performed by UMB for UMB-designated personnel who will receive the EOR service.

6) A comprehensive offboarding plan to provide feedback on the departure of the individual.

7) Additional benefits such as EPO and PPO health plan offerings, healthcare and dependent care flexible spending accounts, dental and vision insurance, tuition reimbursement, life insurance, long- and short-term disability insurance.

8) Employee Assistance Plan (EAP) is highly desirable.

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Additional Information:

Provide the following:

1) Any information that is relevant to this RFP, such as any additional related EOR services

2) Economic Benefit Summary that provides a detailed, but concise, overall description as to how the award of this contract will benefit the economy of the State of Maryland if your firm is the successful Contractor. Such items include but are not limited to: result from awarding the contract to the Offeror.

Describe the benefit, its value to the Maryland economy and how it will result from the contract award.

D. INSURANCE

1. a. The contractor shall not start work under this contract until the Contractor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the procurement officer; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required by the subcontract has been obtained and approved by the contractor and University of Maryland, Baltimore. Approval of insurance required of the contractor and subcontractors for the University will be granted only after submission to the University of original certificates of insurance signed by an authorized representative of the insurers or, alternately, at the University’s request, certified copies of the required insurance policies.

b. The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Workers

Compensation and Employers Liability insurance, in the same manner, including the additional insured requirements in paragraph O.1.e., as specified for the Contractor. The Contractor shall furnish subcontractors’ certificates of insurance to the University immediately upon request.

c. All insurance policies required hereunder shall be endorsed to include the following provision; “It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until forty-five (45) days prior written notice has been given to the University.”

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d. No acceptance and/or approval of any insurance by University of Maryland, Baltimore shall be construed as relieving or excusing the Contractor, or the surety or bond, if any, from any liability or obligation imposed upon either or both of them by the provision of the Contract Documents.

e. NAMED ADDITIONAL INSURED – The University of Maryland, Baltimore and the State of Maryland (including their elected or appointed officials, agents and employees) are to be named as additional insured under all coverages except Workers Compensation, and the certificates of insurance (or the certified policies, if requested) must so indicate through inclusion of appropriate endorsement. Coverage afforded under this paragraph shall be primary to any other insurance of self-insurance, whether or not such other insurance or self-insurance is stated as primary, excess or contingent, as respects the above additional insured, their elected and appointed officials, agents and employees.

f. Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within ten (10) days of receipt of written notice at any time during the contract term, the University shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the University for the entire additional cost of procuring substitute performance and the cost of performing the incomplete portion of the Contract at time of termination.

g. Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering service exclusion that would preclude University of Maryland, Baltimore or participation institutions from supervising or inspecting the operations of the contractors as the end result.

h. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of agents or subcontractors and anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The Contractor shall be as fully responsible to the University for the acts and omissions of its subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by the Contractor.

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i. All required insurance coverages must be acquired from insurers allowed to do business in the State of Maryland and acceptable to University. The insurers must have a policyholders’ rating “A-” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports.

j. UMB will consider deductibles or self-insured retention as part of its review of the financial stability of the bidder. Any deductibles or self-insured retention shall be disclosed in the Contractor’s proposal and shall be assumed by the Contractor.

2. The Contractor shall purchase the following insurance coverages:

a. Commercial General Liability Insurance or its equivalent, for bodily injury, personal injury and property damage, including loss of use. It is preferred that coverage be provided on an “occurrence” basis. If “claims made” forms are submitted, the requirements noted in section O.5 must be met. Such Commercial General Liability policy shall include the following extensions:

i. It is preferred that the general aggregate limit applies separately to this project:

ii. Premises/Operations:

iii. Actions of Independent Contractors:

iv. Products/completed Operations to be maintained for two (2) years after completion of the contract.

v. Contractual Liability including protecting for the Contractor for claims arising out of liability assumed under this contract.

vi. Personal injury liability including coverage for offenses related to employment, and for offenses assumed under this contract (delete any standard employment and contractual exclusions if contained in the personal injury coverage section):

NOTE: INSURANCE MUST BE ON A PRIMARY BASIS.

CONTRACTUAL REQUIREMENTS MUST BE CLEARLY

INDICATED ON CERTIFICATE OR BY ENDORSEMENTS.

c. Workers Compensation – statutory benefits are required by Maryland law or other laws as required by labor union agreements, including standard Other States coverage; Employers Liability coverage.

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3. The coverage listed in Section III, O.2.a., b., and c. (above) shall be written for not less than the following limits of liability. Limits can be furnished by a combination of primary and excess (umbrella) policies.

a. Commercial General Liability Insurance including all extensions – $2,000,000 each occurrence;

$2,000,000 personal injury;

$2,000,000 products/completed operations;

$2,000,000 general aggregated

b. Workers Compensation insurance – statutory requirements.

Employer’s liability insurance - $1,000,000 each accidental injury; and $1,000,000 policy limit for disease.

4. Tort-Claim Act – It is agreed that the contractor and its insurers will not raise or use, in the adjustment of claims or in the defense of suits against any participating USM institution, any immunity of the insured from tort liability, (including Maryland Tort Claim Act), including any limitation of liability, unless requested by any participating institution.

5. NOTE: If insurance required in terms 2.a.iv. and v. above has been issued on a “claims made” basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described above remain the same. The Contractor must either:

1. Agree to provide certificates of insurance evidencing the above coverages for a period of three (3) years after final payment for the contract. Such certificates shall evidence a retroactive date no later than the beginning of the Contractor’s or Subcontractor’s work under this contract, or

2. Purchase an extended (minimum three (3) years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself, and

3. The “retroactive date” must be effective prior to the inception of the work under this contract, and

3. No “sunset” clauses shall apply.

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A CERTIFICATION FROM AN AUTHORIZED BROKER OR AGENT THAT ALL

REQUESTED COVERAGES ARE AVAILABLE AND WILL BE PROVIDED TO THE

CONTRACTOR UPON AWARD OF THIS CONTRACT MUST/SHOULD BE PROVIDED

WITH ANY PROPOSAL.

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SECTION IV. EVALUATION AND SELECTION PROCEDURES

A. EVALUATION AND SELECTION COMMITTEE

All vendors’ proposals received by the closing deadline will be evaluated. The Procurement Officer shall establish an Evaluation and Selection Committee to review and rate the proposals. The Committee shall be composed of representatives appointed by the Procurement Officer. The Committee may request additional technical assistance from any source.

B. EVALUATION PROCEDURE

Qualifying Proposals – The Committee shall first review each proposal for compliance with the service requirements of this RFP. Failure to comply with any service requirement will disqualify a vendor’s proposal. The University reserves the right to waive a requirement when it is in its best interest to do so. Any alternate solution proposal submitted (if permitted by this document) must be complete and will be subject to a full and independent evaluation. In addition, the vendor must assume responsibility for addressing all necessary technical and operational issues in meeting the objectives of the RFP. Each section of the proposal will be scored according to the criteria listed below.

C. TECHNICAL EVALUATION

After determining compliance with the service requirements in this RFP, the Committee shall conduct its evaluation of the technical merit of the proposals in accordance with the Evaluation Criteria.

Minor irregularities in proposals, which are immaterial or inconsequential in nature, may be waived wherever it is determined to be in the State’s best interest.

Based on the selection committee’s initial review of proposals, the Issuing Office may invite, without cost to itself, ranking finalists to make a presentation of their proposal and their capabilities as a further consideration in the selection process. The University reserves the right to make an award with or without negotiation. Only those vendors who are to be reasonably susceptible of being selected for award shall be offered the opportunity to participate in the process.

D. MINIMUM TECHNICAL SCORE Vendors must achieve a minimum technical score of 75% of the total points available for the technical evaluation in order to be considered for further evaluation. Vendors not achieving this minimum technical score will have their financial volumes returned to them.

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E. FINANCIAL EVALUATION

The separate cost volume of each qualified proposal will be distributed to the committee following the completion of the technical evaluation. The committee will determine total costs of the proposals in order to establish a financial ranking of the proposals, from lowest to highest total cost. If a numeric scoring system is used, the lowest total cost will receive 100% of the points awarded to the financial portion with subsequently higher quotes receiving proportionally lower points.

Prompt payment discounts offered for payment within less than 30 calendar days will not be considered in evaluating offers for award. However, offered discounts of less than 30 days will be taken if payment is made within the discount period, even though not considered in the evaluation for award.

F. FINAL RANKING AND SELECTION

If a numeric scoring system is used, the resulting scores from the technical and financial evaluation of proposals will be used as a guide in determining the successful offeror(s).

The Evaluation and Selection Committee will choose from among the highest rated proposals which will best serve the interests of the University in accordance with the University System of Maryland Procurement Policies and Procedures in its recommendation of award to the Procurement Officer. Technical merit will be given Greater value than cost.

G. CRITERIA FOR TECHNICAL EVALUATION

The criteria that will be used by the committee for the technical evaluation of the proposals for this specific procurement are listed below. Each committee member will score the proposals on each major criterion. Criteria below are listed in order of importance.

TECHNICAL PROPOSAL

Evaluation Criteria

(1) Manage payroll services:

a. Administer payroll; calculate and withhold employee taxes, state unemployment insurance and other state mandated benefits; calculate and distribute taxes and other employer payments and documentation to appropriate federal, state, and local municipalities as required.

b. Process tax and compensatory benefit program deposits provided by the

EOR.

c. Process required monthly/quarterly payroll tax forms.

d. Complete and file state quarterly payroll tax reports in a timely manner consistent with state reporting requirements.

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e. Complete all state and local tax deposits in a timely manner consistent with applicable state laws and reporting requirements.

f. Provide a seamless, easy to use online system or methodology for adding, or changing a single employee record set-up and maintenance. Record changes should include but are not limited to pay rate changes, position changes, address changes, benefit eligibility/election changes, with an ability to manage short-term employees who may work for repeated terms that may or may not include a break in service.

g. Determine and comply with requirements for unemployment insurance per state and rate charged.

h. Provide and administer workers’ compensation insurance and address claims as they arise.

i. Ensuring new hires are properly onboarded (using an electronic system) and entered in the EOR’s payroll system.

j. Offer direct deposit.

k. Handle FICA changes and tax treaty benefits for foreign national employees

(2) Register with respective State Tax Commissions, including remittance of payment and tax returns for EOR employees who are UMB-designated personnel residing in the non-covered states for the following:

a. State and local payroll taxes

b. Unemployment Insurance premiums

c. Workers’ Compensation Insurance Premiums or Assessments

(3) Maintain compliance covering UMB-designated personnel for all statutory compensation, benefits, leave, taxes, insurance, and all other federal, state, or local compliance laws and regulations including but not limited to:

1. Workers’ compensation insurance

2. Unemployment insurance

3. State employment laws (e.g., wage and hour laws)

4. State employee benefits laws (e.g., mandated paid leave requirements such as family medical leave or disability benefits)

5. Payroll considerations (e.g., state and local taxation, mandatory contributions to state benefits plans, mandatory pay dates that differ from the standard UMB schedule)

6. Occupational health and safety standards

7. State and local reporting requirements

8. Professional licensing requirements for work in another state.

(4) Provide a competitive benefits package to all EOR employees, to include health and retirement benefits. All benefits offered to EOR employees will be designated by UMB from selections made available by the EOR or chosen by the EOR and UMB in consultation with one another.

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(5) Provide a leave package equivalent to the package offered to UMB employees, which includes 22 days of paid annual leave per calendar year, 14 holidays, including 2 floating holidays, and 15 days of sick leave.

(6) Retain all records or services, including records of payments, concerning a designated employee until at least five (5) years after that employee’s separation from service with the EOR or the termination of the EOR’s contract with UMB. Provide UMB prompt access to any designated employee’s records upon request for the records.

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SECTION V. INFORMATION REQUIRED IN VENDOR PROPOSALS

A. TRANSMITTAL LETTER

A transmittal letter shall…