RFQ_Renewal_of_Quest_Toad.pdf

FY25-OIT-036 / R00B5600168

Title: Renewal of Quest Toad

Release Date: 04/18/2025

Closing Date: 04/23/2025 at 2PM

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

Maryland State Department of Education

RFQ #R00B5600168

Request for Quotation

Issue Date: 04/18/2025

Title: Renewal of Quest Toad

Procurement Officer: Yesenia Jarrett

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

I. Specifications

The Maryland State Department of Education (MSDE) is seeking to renew its annual software maintenance for the Quest Toad products listed in Exhibit A.

The support term will be from May 1, 2025 to April 30, 2026.

II. Purpose

The purpose of this procurement is to renew the maintenance for the existing Quest Toad software utilized by the Maryland State Department of Education (MSDE). These products are essential tools for

Database Administrators across MSDE, supporting critical database management and administration tasks.

III. Background

MSDE has been utilizing these products for several years to address day-to-day database administration challenges. These tools play a crucial role in streamlining workflows and automating frequent, repetitive tasks, thereby enhancing operational efficiency for Database Administrators.

IV: Term of Contract

A single contract will be awarded to the Offeror that best meets the needs of the evaluation criteria. The anticipated term of the contract resulting from this solicitation shall begin on or about May 1, 2025 and terminate on April 30, 2026.

V. Scope of Work

Renewal of Quest Toad Products in Exhibit A.

VII. Place of Work

200 West Baltimore Street

Baltimore, MD 21201

VIII. Mandatory Requirements

Must be an authorized reseller of Quest Toad.

Education

Not Applicable.

IX. Billing

The contractor shall bill the Department monthly for the work performed the previous month. The total cost of work may not exceed $50,000.00 for the term of the contract. All invoiced must be on the contractor’s letterhead, must be signed and dated, and must include the following:

● The contractor’s name and mailing address;

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

● The State assigned Contract Control Number;

● The State assigned blanket purchase order number;

● The goods and services provided;

● The time period covered by the invoice;

● The amount of requested payment; and

● 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. Partial/Multiple Consultants:

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

XI. 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.

XII. 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.

XIII. 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.

XIV. Questions

N/A

XV. Bid Submission Information

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.

XVI. 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. The total cost of the resulting contract will not exceed

$50,000. Total Bid Price will be the lowest price total on Exhibit A - Bid Form.

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

XVII. 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.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

EXHIBIT A

BID FORM

(DO NOT ALTER OR AMEND THIS FORM.)

Description Part Number Times Unit Cost

Total Cost

SQL OPTIMIZER FOR ORACLE WITH

TOAD PER SEAT MAINTENANCE

RENEWAL

TOA-LEC-PS

5 $ $

SPOTLIGHT ON ORACLE

PROFESSIONAL W/RAC PER

MONITORED INSTANCE MAINTENANCE

RENEWAL

SRM-SPO-PS

QUEST DBA MODULE FOR TOAD PER

SEAT MAINTENANCE RENEWAL

DBA-TOD-PS

TOAD FOR SQL SERVER PROFESSIONAL

EDITION PER SEAT MAINTENANCE

RENEWAL

TFS-TOD-PS

TOAD FOR ORACLE XPERT EDITION

PER SEAT MAINTENANCE RENEWAL

PACK

XPT-TOD-KS

TOAD FOR ORACLE DBA RAC EDITION

PER SEAT MAINTENANCE RENEWAL

PACK

DBD-TOD-KS

TOAD FOR SQL SERVER XPERT

EDITION PER SEAT MAINTENANCE

RENEWAL

PACK

SXE-TOD-KS

TOAD FOR ORACLE XPERT EDITION

PER SEAT MAINTENANCE RENEWAL

PACK

XPT-TOD-KS

TOAD FOR ORACLE PROFESSIONAL

EDITION MAINTENANCE RENEWAL

PACK

PRO-TOD-KS

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 R00Rxxxx, Title and Due Date.

◆ 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 A REGISTERED SMALL BUSINESS? YES ____ NO ____

IF YES: MARYLAND STATE CERTIFICATION #_____________________________

IF YOU ARE NOT REGISTERED, 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 #_____________________________

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

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).

11.

12.

13.

14.

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

2.

3.

4.

5.

6.

7.

8.

9.

10.

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.

15.

16.

17.

18.

19.

20.

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.