RFQ_Licensing Document Digitization and Scanning for Regional Offices.pdf

Solicitation No. R00B7600052 eMMA Reference No. BPM059051

Title: Licensing Document Digitization and Scanning for Regional Offices

Release Date: October 1, 2026

Small, Minority and Veteran-owned businesses are encouraged to respond to this solicitation.

Maryland State Department of Education

Title: Licensing Document Digitization and Scanning for Regional Offices Request for Quotation

Issue Date: October 1, 2026

Title: Licensing Document Digitization and Scanning

Procurement Officer: Jeremy Wilson, Procurement Officer Jeremy.wilson@maryland.gov

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

I. Background and Purpose

The Maryland State Department of Education (MSDE) Licensing Branch maintains paper-based files and records across several regional offices. As part of a statewide initiative to transition to a paperless document management environment, MSDE is implementing a digitized, searchable, and cloud-based records system that improves accessibility, efficiency, workflow management, and regulatory compliance.

To support this initiative, MSDE is issuing this Request for Quotes (RFQ) to obtain pricing for the digitization, scanning, and secure handling of physical documents currently stored at the Licensing Branch’s regional offices.

Through this RFQ, MSDE seeks quotes that specify the bidder’s capacity and pricing for completing scanning services within the allotted volume of documents and the number of regional offices included in the project. The resulting contract will establish a structured, maintainable, and searchable digital catalog of MSDE licensing records. Regional offices are located in Harford, Carroll, and Alleghany Counties. These filing system specs are listed in Exhibit B.

II. Minimum Requirements

The State requires a vendor capable of performing high-volume document digitization using equipment and processes that securely capture information without damaging source materials. Bidders must have demonstrated experience with large-scale digitization projects involving sensitive records and must be able to provide staff who can travel to MSDE regional offices to conduct onsite preparation, scanning, indexing, and post-scanning handling. Required activities include document inventorying, preparation, automated indexing, long-term digital file preservation practices, and security measures. All digital files will be stored in a State-designated cloud-based repository.

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1. The Bidder shall have experience working with large volume digitization projects that include the secure handling of sensitive documents.

2. Bidder must demonstrate technical expertise in high-fidelity image capture, robust quality management systems, and stringent security protocols to ensure the integrity and accessibility of digital records.

3. Key requirements include adherence to international and federal standards such as FADGI (Federal Agencies Digital Guidelines Initiative) and ISO 19264-1:2021 for image quality, as well as the ability to provide comprehensive metadata for efficient search and retrieval.

4. The Bidder shall demonstrate prior experience working with childcare licensing documents or other regulated early childhood or human services records. This includes familiarity with the unique document types, retention requirements, privacy considerations, and case‑management workflows associated with childcare licensing. Such experience is critical to ensure accurate categorization, secure handling, and consistent interpretation of records that directly impact compliance, provider oversight, and the protection of children and families.

III. Responsibilities and Tasks

A. Scope of Work

A.1 Transition-In Plan The Bidder shall:

A.1.1 Project Initiation

1. Conduct a Project Kick-Off Meeting with MSDE and review the scope, schedule and transition-in plan within ten (10) business days of the Notice to Proceed (NTP) date.

2. Conduct project status meetings post Kick-Off as required.

A.1.2 Planning and Scheduling

1. Develop a Comprehensive Strategy Plan to address document preparation and project implementation through post digitization activities.

2. Develop a project schedule in alignment with the completion of the scope by the contract termination date.

A.1.3 Assessment and Preparation

1. Survey materials to determine the best scanning methods, identifying equipment needs, and defining the scale of work to be completed.

2. Ensure files are structured and easily migrated to various platforms as requested by MSDE.

A.2 General Requirements

A.2.1 Contract Management

1. Independently and not as an agent of the State, the Bidder shall furnish all the necessary services, qualified personnel, materials, and equipment, not otherwise provided by the State, as needed to perform the tasks required by this Scope of Work.

2. Perform all the activities required to plan, coordinate and manage execution of the contract scope in accordance with State policies and procedures; all while adhering to cost, schedule and performance objectives.

A.2.2 Digitization Services

1. Be responsible for converting physical, analog, or static documents, and records into searchable, structured digital formats.

2. Manage the end-to-end process of transferring, scanning, indexing, and storing records securely, ensuring high-quality digital surrogates.

3. Ensure the correct Provider ID is associated with files for organization and indexing.

4. Develop and use a file categorization that aligns with childcare licensing categories.

5. Upload data into electronic document management systems (EDMS) or Cloud repositories as identified by the State Project Manager.

A.2.3 Quality Assurance

1. Review scanned images for accuracy, clarity, and completeness.

2. Perform periodic audits of digitized files, comparing physical records to digital files to ensure 100% accuracy.

3. Maintain Data Integrity and validate files using tools to check for corruption and/or lost files.

4. Maintain Compliance & Security by adhering to State security requirements, privacy regulations and maintaining audit trails.

5. Maintain Quality Assurance by monitoring digital outputs for accuracy, color consistency, and completeness, including re-scanning items that do not meet standards.

A.2.4 Metadata and Indexing

1. Generate detailed descriptive, technical, and administrative metadata (e.g., dates, authors, file formats) to ensure digital files are easily searchable in the document management system.

2. Establish an agreed upon Indexing system using keywords, metadata, and/or file locations to enable faster data retrieval.

A.2.5 Documentation and Access

1. Maintain a document library of all work products and deliverables produced under the contract.

2. Adhere to established industry standards to ensure digital files are accurate, usable, and preserved long-term.

3. Use an interface that enables MSDE staff the ability to search and view cases easily and securely.

A.2.6 Reporting Provide weekly progress reports identifying:

a. project progress

b. open items and risks

c. recommendations and corrective actions

d. upcoming activities

A.3 Core Technical Digitization Standards

The following represent the minimal allowable digitization and scanning specifications:

1. Contractors must use equipment and processes capable of capturing all information from source records without causing physical damage.

2. Bitonal (black and white) images should be 300-600 ppi, with 600 ppi recommended. Grayscale should be 300-400 ppi and accurate color mode (RGB).

3. Deliverables must follow approved formats, such as TIFF, JPEG2000, or PDF/A, ensuring long-term preservation and usability. JPEG is accepted but less preferred.

4. Documents should have 100% positive polarity (black text on white background). Color should be used if necessary to interpret the record.

5. A person other than the original scanner must review images to ensure quality.

6. To avoid significant image degradation, use no less than 85% compression.

7. Ensure proper indexing to make records searchable and retrievable.

8. Remove fasteners (staples, clips), flatten folded documents, and create placeholders for missing pages.

9. After scanning, return documents to their original folders/drawers/shelves. Staples/clips do not have to be replaced.

10. Document the digitization process, including who scanned the document and when the quality control check was performed.

11. Digital records must be stored on a secure, central server or approved cloud solution.

B. Security Requirements

Maryland State security requirements for document digitization are governed by a combination of technical scanning standards from the Maryland State Archives (MSA) and cybersecurity policies from the Maryland Department of Information Technology (DoIT).

1. Maryland document digitization requires adherence to state-specific security standards, including NIST

Cybersecurity Framework (CSF) controls.

2. When transferring records, they must be secure, and metadata must be included, as per Maryland State

Archives electronic records guidance.

3. Bidder and Bidder resources must sign Non-Disclosure agreements before accessing sensitive digital records.

4. Bidder and Bidder resources must sign Attachment Y Data Use Agreement before accessing sensitive digital records.

5. Access to digitized sensitive information must be restricted to authorized personnel with a legitimate business need.

6. Physical records must be secured before, during, and after the scanning process.

7. Physical records are to remain in their storage facility. No physical records are to be removed.

8. Files must be encrypted during scanning, transfer, and storage to ensure that even if intercepted, the data remains unreadable.

9. Maintain detailed logs to track all interactions with digitized documents for accountability.

10. Bidder must use firewalls and secure, updated, or outsourced scanning services with established security protocols.

11. Data-at-rest must be secured.

C. Chain of Custody (Physical Records)

The Contractor shall:

1. Not remove records from their designated secure facilities.

2. Ensure physical records not actively being processed remain in their access-controlled and access-logged area.

3. Upon request, provide the client the complete chain-of-custody log for any specified container or record set.

D. Data Ownership and Access

The Contractor shall:

1. As set forth in the Contract, data, databases and derived data products created, collected, manipulated, or directly purchased as part of the solicitation are the property of the State.

2. The purchasing State agency is considered the custodian of all State data. The use, access, and distribution of all data shall comply with the requirements of the Data Use Agreement (Attachment Y).

3. The Contractor may not access State data other than as necessary to perform the services under this

Contract.

4. The Contractor shall limit access to and use of State data to Contractor Personnel whose responsibilities require such access or use and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

5. At no time shall any data or processes that either belong to or are intended for the use of the State or its officers, agents or employees be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

6. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

E. Security Requirements – Personnel

E.1 Employee Identification

The Contractor shall ensure:

1. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on

State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

2. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

3. Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

4. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

E.2 Security Clearance / Criminal Background Check

1. A criminal background check for any Contractor Personnel providing on-site and/or off-site digitization, scanning and indexing services shall be completed prior to each Contractor Personnel providing any services.

2. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A.

3. The Contractor shall provide the Contract Monitor with certification of completion of the required criminal background check described in this RFQ for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

4. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor.

5. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed and documented by the Contractor for convictions of the crimes identified in the Annotated Code of Maryland referenced herein.

6. Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.

7. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises.

F. Information Technology Security

The Contractor shall:

1. Comply with and adhere to the State IT Security Manual, Policies and Standards.

2. Not connect any of its own equipment to a State LAN/WAN without prior written approval by the State.

3. Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security.

4. Ensure that all such safeguards, including the manner in which State data is collected, processed, used, stored, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract.

5. Ensure compliance with all applicable federal, State, and local laws, rules and regulations concerning security of Information Systems and Information Technology.

G. Data Protection and Controls

G.1 Data Classification and Security Plan

a. In accordance with MD-POL-205-01, Section 200.1, the Contractor shall work with the appropriate MSDE data owners and records officer to identify and classify all State data.

b. Contractor shall ensure a secure environment for all State data and any hardware and software provided or used in connection with the performance of the Contract according to a written Security Plan.

G.2 Required Controls

The Contractor shall implement and maintain the following controls during the Contract Term:

1. Apply hardware and software hardening procedures.

2. Document any hardening practices not implemented with a plan of action and milestones.

3. Ensure that State data is not commingled with non-State data.

4. Apply data encryption to protect Sensitive Data at all times.

5. Apply data encryption to all Contractor managed or controlled State data when in transit over untrusted network segments.

6. Utilize encryption algorithms compliant with current Federal Information Processing Standards (FIPS).

7. Enable appropriate logging parameters.

8. Retain and review logs at least daily.

9. Ensure system and network environments are separated by properly configured and updated layer seven firewalls.

10. Restrict network connections between trusted and untrusted networks.

11. By default, deny all and only allow access by exception.

12. Review network connections at least annually and after changes.

13. Perform regular internal and external vulnerability testing.

14. Enforce strong user authentication and password control measures.

15. Ensure State data is not processed, transferred, or stored outside of the continental United States.

16. Ensure Contractor Personnel do not connect personal equipment to State IT assets without prior written approval.

17. Ensure anti-virus and anti-malware software is installed, maintained, and regularly updated.

18. Conduct regular external vulnerability testing.

H. Security Incident Response

The Contractor shall:

1. Notify the State within twenty-four (24) hours of the discovery of a Security Incident.

2. Notify the State within seventy-two (72) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data.

3. Provide written notice to the State within one (1) Business Day after discovery of unauthorized use or disclosure of State data. The Contractor's notice shall identify:

a. The nature of the unauthorized use or disclosure.

b. The State data used or disclosed.

c. Who made the unauthorized use or received the unauthorized disclosure.

d. What the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure.

e. What corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

f. Any other information reasonably requested by the State.

The Contractor shall:

4. Discuss Security Incidents with the State on an urgent as-needed basis.

5. Obtain approval from the State prior to communicating with outside parties regarding a Security Incident.

6. Comply with all applicable system security breach laws.

I. Data Breach Responsibilities

If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall:

1. Notify the appropriate State-identified contact within 24 hours by telephone and email.

2. Cooperate with the State to investigate and resolve the Data Breach.

3. Promptly implement commercially reasonable remedial measures.

4. Document responsive actions taken related to the Data Breach.

5. Bear the costs associated with breach response activities as required under the Contract.

6. Ensure public disclosure of a cybersecurity incident is pursuant to applicable State guidelines.

J. SOC 2 Type 2 Audit Report

The Contractor shall:

1. Cause an SOC 2 Type 2 audit report to be conducted annually covering the previous 12-month period of the contract.

2. Provide the Contract Monitor, within thirty (30) calendar days of issuance of the final SOC 2 Type 2 Audit

Report, the audit results and a documented corrective action plan.

3. Submit all SOC 2 Type 2 Audit Reports to the Contract Monitor as required.

4. Ensure the SOC 2 Type 2 Audit reports on the suitability of the design and operating effectiveness of controls over the Information Functions and Processes.

5. Ensure the audit scope is adjusted as necessary to reflect changes to the environment and services provided under the Contract.

6. Ensure all subcontractors handling, storing, or processing Sensitive Data are included within the audit scope or maintain their own SOC 2 Type 2 Audit Report.

7. Complete all SOC 2 Type 2 Audits at the Contractor’s expense.

8. Cooperate with any independent audit firm retained by the State if the Contractor fails to obtain a required annual SOC 2 Type 2 Audit Report.

IV. Term of Contract

A single contract will be awarded to the Bidder that best meets the needs of the evaluation criteria. The anticipated term of the contract resulting from this solicitation shall begin on or about October 15, 2026, and terminate on December 31, 2026.

V. Place of Work

Work will be completed at the scanning sites.

VI. Questions

Questions shall be submitted by Tuesday, October 6, 2026, by 2:00 PM

All questions should be addressed in writing to the Procurement Officer. Please put the RFQ # and Title in the subject line of your email. Note: All responses to questions submitted, if any, shall only be posted on eMaryland Marketplace Advantage (eMMA) as Addendum #1 and or Q & A after the due date of questions are received. It is beneficial to be registered with “eMMA” to access the addendums and any other pertinent information. There may be other opportunities from State agencies there. There shall be no mailing of the Addendums. The link to “eMMA” to register is as follows:

https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

VII. Bid Submission Information and Due Date

Bids are due by Monday, October 12, 2026, by 2:00 PM

In accordance with COMAR 21.03.05, bids are to be submitted electronically through eMaryland Marketplace Advantage (eMMA) following the Quick Reference Guides (QRG) labeled “3 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions. The Bidder must submit a letter of interest, a resume that demonstrates the required qualifications for the services requested and the signed bid form Exhibit A (include ALL final costs for completing the project) to provide the service detailed in the Scope of Work. If you have not done business with MSDE or the State of Maryland, or a significant amount of time has elapsed, please submit an updated W-9 with your bid. Bids will not be opened publicly.

VIII. Award

An award will be made based on the most advantageous offer to the State of Maryland considering price after meeting the evaluation criteria found in this solicitation. Vendors must first meet all the mandatory requirements. An award will be made based on the lowest price. Bids will not be considered by vendors who do not meet all the mandatory requirements. Total Bid Price will be the lowest price total on Exhibit A - Bid Form.

IX. Billing

The contractor shall bill the Department monthly for the work performed the previous month. The total cost of work may not exceed $100,000.00 for the term of the contract. All invoices must be on the contractor’s letterhead, must be signed and dated, and must include the following:

1. The contractor’s name and mailing address;

2. The contractor’s Federal Tax Identification or Social Security Number;

3. The State assigned Contract Control Number;

4. The State assigned blanket purchase order number;

5. The goods and services provided;

https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage https://procurement.maryland.gov/emma-qrgs/

6. The time period covered by the invoice;

7. The amount of requested payment; and

8. Documentation to support invoice requested amount.

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

Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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.

X. Invoicing Instructions Payment by the State requires a proper invoice to be submitted. Payments are made on a net 30 Schedule.

A. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and

.02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address.

2) Remittance address.

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

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

5) Invoice date.

6) Invoice number.

7) State assigned Contract number.

8) State assigned Purchase Order number(s).

9) Goods or services provided.

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

12) Consultants must submit a consultant log with their invoice.

B. 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.

C. 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.

XI. Partial/Multiple Consultants

The MSDE reserves the right to award contracts to multiple consultants for the services and materials required in this RFQ.

XII. Non-Hiring of Employees

No official or employee of the State of Maryland, as defined under State Government Article, §15-102, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this contract.

XIII. Most Favorable Bid Price

The State reserves the right to award the contract to the responsive and responsible bidder submitting the most favorable bid price for providing the goods and services, as specified in this RFQ.

XIV. Tie-bids

If bids are received from responsive and responsible Bidders that are identical in prices, terms and conditions, and which meet all requirements set forth in the solicitation, an award will be made in accordance with State Regulations 21.05.02.14B. If a tie still exists, the Bidder with the most experience shall be used to determine the successful Bidder.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

EXHIBIT A

BID FORM

(DO NOT ALTER OR AMEND THIS FORM.)

DETAILED COST CATEGORY Estimated # of Pages

Time s

Cost per Page Total Cost

Scope of Work as specified in Section III Responsibilities and Tasks, including:

A. Scope of Work B. Security Requirements C. Chain of Custody D. Data Ownership Access E. Security Requirements – Personnel F. IT Security G. Data Protection and Controls H. Security Incident Response I. Data Breach Response J. SOC 2 Type 2 Audit Report

X $

TOTAL PROJECT COST $

*Submit this Exhibit A and all supportive itemized pricing, a letter of interest and a resume.

Exhibit A: Price per day or per hour is to include all costs incurred both direct and indirect in delivering a product or service, which includes, but is not limited to travel, lodging, food, etc. All bids submitted shall be identified with RFQ #.

Late bids shall not be accepted.

Faxed or mailed bids shall not be accepted.

VENDOR’S NAME:

Print

VENDOR’S ADDRESS:

City State Zip

VENDOR’S FEDERAL ID or SS# ____________________________________________

NAME OF AUTHORIZED:

Print

SIGNATURE:

TITLE:

TELEPHONE NO: ______________________________ DATE: ________________________

E-MAIL: ________________________________________________

FAX NO. ____________________________________________________

ARE YOU REGISTERED TO DO BUSINESS WITH THE STATE OF MARYLAND?

IF NOT, PLEASE REGISTER HERE: https://businessexpress.maryland.gov/

YOUR BUSINESS MUST BE REGISTERED WITH THE STATE OF MARYLAND TO BE

AWARDED A CONTRACT.

ARE YOU A REGISTERED SMALL BUSINESS? YES ____ NO ____

IF YES: MARYLAND STATE CERTIFICATION

IF YOU ARE NOT REGISTERED AS A SMALL BUSINESS, PLEASE

VISIT THE FOLLOWING FOR MORE INFORMATION:

http://goma.maryland.gov/Pages/sbr-Program.aspx

ARE YOU A REGISTERED MINORITY BUSINESS ENTERPRISE? YES____ NO____

IF YES: MARYLAND STATE CERTIFICATION #__________________________

FOR MORE INFORMATION AND TO SEE IF YOUR BUISNESS QUALIFIES AS

https://businessexpress.maryland.gov/ http://goma.maryland.gov/Pages/sbr-Program.aspx

AN MBE/VSBE/DBE WITH THE STATE OF MARYLAND, PLESE VISIT THE

MARYLAND DEPARTMENT OF TRANSPORTATION.

https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=90

CONTRACT TERMS AND CONDITIONS

1. Contract Modifications: Control of the design and administration of the Contract is the exclusive responsibility of MSDE. MSDE reserves the right to change components of the design and/or substitute tasks on an equal basis should the need arise after the Contract award. These substituted tasks which are on an equal basis with the tasks in the Contract shall be subject to the following conditions: i. Changes in tasks will not increase the overall scope of work described in the solicitation nor the amount of the Contract award. ii. Changes will not be suggested for any specific task once the Contractor has begun work on it. iii. All changes will be submitted to the Contractor in writing by MSDE.

Any changes to the Contract requested by MSDE or by the Contractor that will affect the scope/cost of the Contract or that are made after the work has begun will be negotiated between MSDE and the Contractor in the following fashion: i. A written request shall be made by either party. ii. The request shall be relayed to any other contractual party impacted by the proposed change. iii. Written acceptance shall be issued by the other party(ies) with cost, time line, and/or task changes negotiated by all parties. Changes shall not be binding until such written acceptance has been completed by all parties and approved by MSDE, as well as other State approvals as required. Amendments may not significantly change the scope of this Contract (including the Contract price).

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Variations on Estimated Quantities: ( ) Required. Items deliverable in multiple quantities shall not vary from estimated quantities in an amount exceeding five percent.

No adjustments to the unit prices shall be made based upon any variations in estimated quantities.

Suspension of Work: The procurement officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such a period of time as the procurement officer may determine to be appropriate for the convenience of the State.

Pre-Existing Regulations: In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this Contract are applicable to this Contract.

Financial Disclosure: The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during the calendar year under which the business is to receive in the aggregate, $100,000 or more, shall, within 30 days of the time when the aggregate value of these contracts, leases, or other agreements reaches $100,000, file with the Secretary of State

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Non-Hiring of Officials and Employees: No official or employee of the State of Maryland, as defined under Md. Code Ann., State Government Article, § 15-102, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall during the pendency of term of this Contract and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

Disputes: This Contract shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10. Pending resolution of a dispute, the Contractor shall proceed diligently with the performance of this Contract, as directed by the procurement officer. Unless a lesser period is provided by law or by contract, the Contractor must file a written notice of claim with the procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier.

Maryland Law Prevails: The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Md. Code Ann., Commercial Law Article, Title 22) does not apply to this Contract or any software licenses acquired hereunder.

Nondiscrimination in Employment: The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of Md. Code Ann., State Finance and Procurement Article § 13- 219, COMAR 21.07.01.08, and the commercial nondiscrimination provisions of Md. Code Ann., State Finance and Procurement Article, Title 19, Subtitle 1. The Contractor agrees:

(a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age sex, marital status, national origin, ancestry, or physical or mental disability of a qualified individual with a disability; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials and, (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

Contingent Fee Prohibition: The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract.

Termination for Nonappropriation: If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

Termination for Default: If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

Termination for Convenience: The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract.

However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

Anti-Bribery: The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

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certain specified information to include disclosures of beneficial ownership of the business.

Political Contribution Disclosure: The Contractor shall comply with Md. Code Ann., Election Law Article §§ 14-101 through 14-108, which requires that every person that enters into contracts, leases, or other agreements with the State, a county, or an incorporated municipality, or their agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Board of Elections: (1) before a purchase or execution of a lease or Contract by the State, a county, an incorporated municipality, or other agencies and shall cover the preceding two calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice, throughout the contract term, on; (a) February 5, to cover the 6-month period ending January 31; and (b) August 5 to cover the 6-month period ending July 31.

Retention of Records: The Contractor shall retain and maintain all records and documents relating to this Contract for three years after the final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times. This section shall survive expiration or termination of this contract.

Compliance with Laws: The Contractor hereby represents and warrants that it: A. is qualified to do business in the State of Maryland and that it will take such action, as from time to time hereafter, may be necessary to remain so qualified; B. is not in arrears with respect to payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; C. shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and D. shall obtain, at its expense, all licenses, permits, insurance, and government approvals, if any, necessary to the performance of its obligations under this Contract.

Compliance with ADA: Contractor shall comply with the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et. seq. and applicable regulations. To the extent required by the ADA, Contractor’s facilities, services, and programs shall be accessible to persons with disabilities. Contractor shall bear sole responsibility for assuring that its activities under this Contract conform to the ADA. Contractor shall indemnify and hold the State harmless in any administrative proceeding or other actions brought pursuant to the ADA for all damages, attorney’s fees, litigation expenses, and costs, if such action or proceeding arises from the act of Contractor, Contractor’s employees, agents, or subcontractors.

Patents, Copyrights, and Intellectual Property: If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items.

Indemnification: The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys’ fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperformance of the Contractor or its subcontractors under this Contract. The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor’s performance under this Contract. This section shall survive expiration or termination of this contract.