RISE__RFP__12.12.24_Final.pdf

Reach Independent Through Self-Employment

Solicitation No: R00B5600013 RFP Document

RFP for Division of Rehabilitation Services Page 1 of 49

STATE OF MARYLAND

MARYLAND STATE DEPARTMENT OF EDUCATION

DIVISION OF REHABILITATION SERVICES (MSDE/DORS)

REQUEST FOR PROPOSALS (RFP)

REACH INDEPENDENT THROUGH SELF-EMPLOYMENT

(RISE)

RFP NUMBER R00B5600013

ISSUE DATE: DECEMBER 12, 2024

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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STATE OF MARYLAND

MARYLAND STATE DEPARTMENT OF EDUCATION DIVISION OF

REHABILIATIOIN SERVICES (MSDE/DORS)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services – Reach Independent Through Self-Employment

Solicitation Number: R00B5600013

RFP Issue Date: December 12, 2024

RFP Issuing Office: Maryland State Department of Education Division of Rehabilitation Services (MSDE/DORS)

Procurement Officer: Adrain Pulliam-Smith 200 West Baltimore Street , Baltimore , Maryland 21201

Email:

Phone Number:

adrain.pulliam-smith@maryland.gov

(410) 767-5811

Proposals are to be sent to:

Submit on emma.maryland.gov under Solicitation Number R00B5600013 To submit a proposal, offerors must first register on emma.maryland.gov.

We recommend registering in advance to become acquainted with the site.

No Bid/Proposal Notice Feedback Form

*If you are not submitting a proposal for this solicitation, submit Attachment 1 with your reasons why.

Pre-Proposal Conference:

December 20, 2024 9:00 a.m. Local Time, via Google Meets See Section 4.3 for additional details.

See Attachment 2 to RSVP by December 17, 2024 12:00 Noon to Attend

Scheduled Site Visit N/A

Questions Due Date and Time:

December 26, 2024 10:00 a.m. Local Time

Proposal Due (Closing) Date and Time:

January 2, 2025 10:00 a.m. Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid/proposal decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

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MBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of __25%___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__0___% for African-American MBEs;

__3___% for Asian-American MBEs;

__2___% for Hispanic-American MBEs; and __10__% for Woman-Owned MBEs.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __2___% Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 5 for information about the VSBE program and goals.

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

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Indefinite Quantity with Firm Fixed Unit Prices

Contract Duration: Three (3) year base period with two (2) one-year option periods.

Primary Place of Performance:

The Division of Rehabilitation Services Workforce Technology Center (WTC) 2301 Argonne Drive Baltimore, Maryland 21218

SBR Designation: Yes

Federal Funding: Yes

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Experience and Personnel ........................................................... Error! Bookmark not defined.

2.5 Substitution of Personnel ............................................................ Error! Bookmark not defined.

2.6 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions ............................................................ Error! Bookmark not defined.

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

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4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Submission Information and Instructions

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award RFP Attachments

(Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland State Department of Education Division of Rehabilitation Services (MSDE/DORS or the "State of Maryland") is issuing this Request for Proposals (RFP) in order to manage the Independence through Self- Employment (RISE) program. Services shall be performed at 2301 Argonne Drive Baltimore, Maryland 21218

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

2.1.3 The State of Maryland intends to make a single award as a result of this RFP.

See RFP Section 6 6.5.3. Award Determination for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

2.1.6 Maryland State and local entities, and not-for-profit entities within the State of Maryland, as defined in State Finance and Procurement 13-110(a)(5) - (7), may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.7 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

Amanda Longacre The section needs to be filled in here

Adrain Pulliam-Smith corrected

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2.2 Background and Purpose

The Maryland State Department of Education Division of Rehabilitation Services (MSDE or “the Department”), Division of Rehabilitation Services (DORS or “the Division”) administers the Vocational Rehabilitation Program in Maryland in accordance with the Rehabilitation Act of 1973, and he Workforce Innovation and Opportunity Act, as amended. The Division of Rehabilitation Services is a state-federal program that provides services to eligible persons with disabilities in order to assist them in becoming employed or remaining independent in their living situation. The mission of the Maryland Division of Rehabilitation Services is to "provide leadership and support promoting the employment, economic self-sufficiency and independence of individuals with disabilities."

The Division has offices throughout the state and also operates the Workforce & Technology Center (WTC) in Baltimore. The program serves approximately 15,000 individuals under an Individualized Plan for Employment (IPE) each year, providing and arranging services that result in competitive integrated employment. These services are coordinated by rehabilitation specialists in 23 offices located around the state.

The rehabilitation specialist works in partnership with eligible individuals to identify a suitable vocational goal, which may involve working for another person or entity or self-employment or supported business enterprises. The specialist and the individual will also work together to identify the types of services necessary to achieve that goal and possible providers of those services. The individual, with assistance and support of the specialist, develops an Individualized Plan for Employment stating the employment goal and services to be provided. Subsequent to DORS approval of the IPE, the rehabilitation specialist coordinates the delivery of services to the individual. Services, which may include guidance and counseling, medical and psychiatric treatment, rehabilitation engineering, job training and support services are either provided directly by DORS staff or arranged by DORS staff and purchased from approved vendors and facilities within the community.

As a public agency, DORS is charged with serving all eligible individuals with disabilities, regardless of type of disability, on a priority basis to those with the most significant disabilities. Services are often provided by community rehabilitation programs which may specialize in providing services to a specific disability group. Self-employment and supported business enterprises are options that can make employment possible for individuals with disabilities who may otherwise not be able to access transportation to a worksite, or who need flexible hours.

The RISE Program. Self-employment has long been an option for individuals seeking a new or better career. And today, many individuals with disabilities are turning to the flexibility self-employment offers in assisting them to meet both professional and financial goals. Starting one's own business can offer similar flexibility, allowing people to make a living while maintaining a lot of latitude in choices such as work hours, nature of tasks, and income. In order to support self-employment as a viable option for persons with disabilities, DORS has offered the RISE (Reach Independence through Self-Employment) Program to eligible individuals for over 20 years. Additionally, successful self-employment is consistent with the federal requirements of “competitive integrated employment” experiences for DORS consumers.

This RFP seeks to identify the contractor(s) who will be responsible for the day to day direction and oversight of the RISE Program. The RISE Program assists individuals with disabilities who are eligible for services from of the Division of Rehabilitation Services (DORS) to explore self-employment or supported business enterprises as a vocational option, develop a business plan, access financing and

RFP for Division of Rehabilitation Services Page 10 of 49 successfully open and operate a business. The contractor must have demonstrated ability to establish effective relationships with community partners who can further this mission, the resources of qualified consultants who are well-versed with business development and sensitive to the needs of individuals with disabilities, and able to meet reporting and outcome requirements, as specified in this RFP.

2.3 Contractor Responsibilities and Tasks

2.3.1 Scope of Work

A. Required Components. Provide a detailed description of your proposed program and its components, include a projected number of business startups per year, and a time frame for implementing and completion of the following tasks/components:

1) Referral Process. An electronic referral system will be necessary to gather preliminary information to assist and inform interested applicants in exploring the idea of self-employment within 30 days.

2) Exploring Self-Employment one-day seminar. DORS is interested in helping individuals make decisions about whether to pursue self-employment as early in the rehabilitation process as possible, so that they can receive the support and services necessary to be successful or redirect their efforts toward other forms of employment within 30 days

3) Business Plan Development Education course. Individuals will need assistance with the creation of a viable Business Plan, to include follow-up services for those individuals who complete the course.

4) Consultation Services. In addition to, and at times in-lieu of, formal course work, it will be necessary for individuals to have access to experts in small business development. Regular one-on-one consultation provided by RISE Program staff, as well as on-going support after a business has been established is required.

5) Identification of Funding Resources. DORS Policy requires that DORS not be the primary funder of any small business, and limits DORS financial support not to exceed $15,000. Individuals may not qualify for commercial loans. The Contractor will work with individuals to identify of other financial resources and resources the individual can contribute is necessary. The appropriate scale of the business is critical to success.

6) Business Plan Review Committee. Establish a Business Plan Review Committee, comprised of local businesspersons, to assist individuals wanting to implement their own small businesses to develop business plans provides

7) Staff Training. Provide periodic training for new DORS staff, re-training on an individual basis, and consultation services for staff on an as needed basis. This includes providing a training video which highlights the RISE process.

8) Program Evaluation. As a public agency, DORS must track the success of programs over time. Periodic reports must include identifying information and must

RFP for Division of Rehabilitation Services Page 11 of 49 be provided on a quarterly and cumulative basis so that the impact of the program can be documented.

9) Accessibility. As a program of the Division of Rehabilitation Services, the RISE Program must be fully accessible and in compliance with the ADA. In addition, as a statewide offering, the program must be available within 30 days and in all areas of Maryland, from rural to urban small town.

B. Qualifications of Staff

Qualification and experience of contractor personnel are critical to the success of the RISE program. DORS seeks staff that is well versed with business development and sensitive to the needs of individuals with disabilities.

1). Describe the background, and qualifications of the Offeror stating experience in the major tasks above.

2). Provide an example(s) of your in setting up self-employment programs.

3). Provide an example(s) of your services to individuals with disabilities.

4). Provide an example(s) of your familiarity with the Small Business Administration

Rules and Regulations.

5). Include the number of full-time and part-time employees identified by function to be assigned to the contract, with a minimum of two (2) employees assigned to the RISE program full-time. These employees shall have at least three (3) years of experience providing small business and/or self-employment consultation,.

6). Supply at least three references who are familiar with the offeror's professional qualifications and who are not state employees.

Deliverables 2.4Experience and Personnel 2.4.1Preferred Offeror Experience

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

a. At least three (3) years of experience creating self-employment programs,

b. At least two (2) years of experience providing services to/working with individuals with disabilities, and

c. Bachelor’s degree in human services and / or business related field (Master’s degree preferred) , and provide resumes.

d. Familiarity with the Small Business Administration rules and regulations

2.4.2 Personnel Experience

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

A. Demonstrated knowledge of ….

B. Prior senior level experience (doing ….)

C. Breadth of knowledge in….

1) At least three (3) years of experience creating self-employment programs,

2) At least two (2) years of experience providing services to/working with individuals with disabilities, and

3) Familiarity with the Small Business Administration rules and regulations.

2.4.3 Number of Personnel to Propose

As part of the Proposal evaluation, Offerors shall propose 2 full time personnel who are expected to be available as of the start date specified in the Notice to Proceed (NTP Date). Offerors shall describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the Maryland State Department of Education Division of Rehabilitation Services. Offerors may generally describe planned positions in a Staffing Plan. Such planned positions may not be used as evidence of fulfilling personnel minimum qualifications.

i. Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

ii. Work Hours Unless otherwise specified, the following work hours requirements are applicable:

A. Business Hours Support: Contractor shall assign Contractor Personnel to support

Normal State Business Hours (see definition in Appendix 1) .

B. State-Mandated Closings: Contractor Personnel shall be required to participate in any State-mandated closings. In this event, the Contractor will be notified in writing by the Contract Monitor of these details.

C. Minimum and Maximum Hours: Full-time Contractor Personnel shall work 40 hours per week with starting and ending times as approved by the Contract Monitor. A flexible work schedule may be used with Contract Monitor approval, including time to support any efforts outside core business hours. Contractor personnel may also be requested to restrict the number of hours Contractor personnel can work within a given period of time that may result in less than an eight-hour day or less than a 40-hour work week.

D. Vacation Hours: Requests for leave shall be submitted to the Contract Monitor at least two weeks in advance. The Contract Monitor reserves the right to request a temporary replacement if leave extends longer than one consecutive week. In cases where there is insufficient coverage, a leave request may be denied.

2.4.3 Continuous Performance of Key Personnel

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

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

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

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

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

2.4.4 Deliverable Submission

A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an Agency Deliverable Product Acceptance Form (DPAF), an example of which is provided on the DoIT web page here:

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductA cceptanceForm-DPAFsample.pdf.

A. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project or Microsoft Visio within two (2) versions of the current version. At the Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written deliverable.

B. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

E. For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section Minimum Deliverable Quality drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section Minimum Deliverable Quality.

2.4.5 Deliverable Acceptance

A A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section Deliverable Descriptions/Acceptance Criteria.

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The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). Following the return of the DPAF indicating “Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF or payment may be withheld.

A. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. In each section of the deliverable, include only information relevant to that section of the deliverable.

E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

F. Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

G. Contains no structural errors such as poor grammar, misspellings or incorrect punctuation.

H. Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

I. A draft written deliverable may contain limited structural errors such as incorrect punctuation, and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

i. Deliverable Descriptions/Acceptance Criteria

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In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned

ID # Deliverable Description

Acceptance Criteria Additional Acceptance Criteria

Due Date / Frequency

CY(Year)-

MAR-

Data- (Monthly Period)

Monthly Activity Report:

data

The number of referrals to the program, number of individuals attending Exploring Self- Employment seminar, number of individuals participating in Business Plan Development Education course, number of business plans reviewed by business plan review committee (and the status), number of business plans recommended for DORS funding, number of business start-ups, demographic information of each Participant, number of consultations provided to DORS staff regarding RISE participation.

Business consultant to provide clear fundamental expectations and strong connections with consumers participating in RISE program

The 15th of the month, following the month of Service.

Every month after the initiation of the Contract.

CY(Year)-

QSR-

Narrative- (Quarter Period)

(example:

CY2020-

QSR-

Narrative- 1/1/24- 3/31/24)

Quarterly Summary Report:

narrative

Evaluation and interpretation of data, program goals for following quarter, relevant accomplishments, and the method by which information on successful business start-ups will be shared/marketed to DORS staff, consumers, the public.

Develop measurable constraints that fosters communication and acceptable scenarios based upon individual needs.

Due the 15th of month following the Quarterly period.

Every 3 months after the initiation of the Contract.

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CY(Year)-

YSR

(example:

CY2025-

YSR)

Yearly Summary Report

Compilation of monthly data from prior 12 months, trends, recommended changes/modifications to implement, demographics of Participants served.

One with total yearly data, using the attached spreadsheet as an example, and the second with cumulative data since beginning of the contract.

Due by the end of the month following the year of Service.

Every 12 months after initiation of contract.

i. Continuous Performance of Key Personnel When Key Personnel are identified for the Contract, the following apply:

D. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

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

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

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

ii. Definitions For the purposes of this section, the following definitions apply:

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

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

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

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

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

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

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

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

4. Evidence of any required credentials.

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

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

iv. Replacement Circumstances

A. Directed Personnel Replacement

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

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

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

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

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

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

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

A. Key Personnel Replacement

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

B. Key Personnel Replacement Due to Sudden Vacancy

1. The Contractor shall replace Key Personnel whenever a sudden vacancy occurs

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.5.4.B.1.

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

C. Key Personnel Replacement Due to an Indeterminate Absence

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

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

v. Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

the vacancy occurs due to an Incapacitating event or the death of such personnel. To qualify for

RFP for Division of Rehabilitation Services Page 19 of 49 such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination

2. Supplemental Category of Work Requirements and Responsibilities

See Attachment B MSDE SUPPLEMENTAL INFORMATION TECHNOLOGY REQUIREMENTS associated with this solicitation.

THE REMAINDER OF THIS PAGE IS INTETIONALLY LEFT BLANK

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3. Standard Terms and Conditions

3.1Contract Initiation Requirements Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2End of Contract Transition The Contractor shall support end-of Contract Transition efforts with technical and project support to include but not limited to the provisions of a draft Transition-Out Plan 120 Business Days in advance of Contract end date addressing at a minimum the following areas.

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Maryland State Department of Education Division of Rehabilitation Services and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Maryland State Department of Education Division of Rehabilitation Services or a designee;

5) Any final training/orientation of Maryland State Department of Education Division of Rehabilitation Services staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments as well as the general business practices of the Maryland State Department of Education Division of Rehabilitation Services ;

b) Review with the Maryland State Department of Education Division of Rehabilitation Services the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

e) A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

RFP for Division of Rehabilitation Services Page 21 of 49

9) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

3.3 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

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

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

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

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

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

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1. Your company name and contact information

2. Invoice number and date

3. Detailed description of services/products provided

4. Itemized list of charges

5. Payment terms and due date

6. Any applicable tax information

B. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

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

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

3.3.2Deliverable Invoicing

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment.

Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.3.3 Labor Hour/Time and Materials Invoicing

All labor hour/time and material invoices shall be accompanied by a timesheet signed by the Contract Monitor as described below and notice(s) of acceptance issued by the State: DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanc eForm-DPAFsample.pdf)>>. Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the Contract Monitor.

A. Materials Reporting

1. Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the RFP.

2. For the purposes of the Contract an amount will not be deemed due and payable if:

1. The amount invoiced is inconsistent with the Contract;

2. The proper invoice has not been received by the party or office specified in the Contract;

3. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

4. The item or services have not been accepted;

5. The quantity of items delivered is less than the quantity ordered;

6. The items or services do not meet the quality requirements of the

Contract;

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7. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

8. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

9. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

3.5 Problem Escalation Procedure

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

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

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

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

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

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

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

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

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

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

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

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3.6 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX 10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on…