State of Maryland LiDAR Completed.pdf

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION (SHA)

REQUEST FOR PROPOSALS (RFP)

LIDAR SURVEY EQUIPMENT

RFP NUMBER SHA-RFP-0001

ISSUE DATE: 02/29/2024

NOTICE TO OFFERORS

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

LiDAR Survey Equipment Solicitation #: SHA-RFP-0001 RFP Document

RFP for State Highway Administration Page ii of 82

VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: LiDAR Survey Equipment Solicitation No: SHA-RFP-0001

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Proposal is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

RFP for State Highway Administration Page iii of 82

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION SHA)

KEY INFORMATION SUMMARY SHEET

Request for Proposals IT, - LiDAR Survey Equipment

Solicitation Number: SHA-RFP-0001

RFP Issue Date: 02/29/2024

RFP Issuing Office: State Highway Administration SHA or the "State Highway Administration")

Procurement Officer: Corteze Haley-Grimes 707 N. Calvert St.

C-605 Baltimore, MD. 21202 e-mail:

Office Phone:

Corteze Haley-Grimes CHaleyGrimes@mdot.maryland.gov 410-545-0651

Proposals are to be sent to: submitViaeMMA

Pre-Proposal Conference: No Pre-proposal Conference

Questions Due Date and Time 03/20/2024 @ 14:00

Proposal Due (Closing) Date and Time:

0325/2024 @ 14:00 Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: with no subgoals.

VSBE Subcontracting Goal: with no goals

Contract Type: Fixed Price

Contract Duration: One year from NTP Date

Primary Place of Performance:

SHA Headquarters

707 N. Calvert St, Baltimore, MD. 21202

SBR Designation: No

Federal Funding: Yes mailto:CHaleyGrimes@mdot.maryland.gov

RFP for State Highway Administration Page iv of 82

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 Responsibilities and Tasks

2.4 Deliverables

2.5 Optional Features or Services, Future Work

2.6 Service Level Agreement (SLA)

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Experience and Personnel

3.11 Substitution of Personnel

3.12 Minority Business Enterprise (MBE) Reports

3.13 Veteran Small Business Enterprise (VSBE) Reports

3.14 Work Orders

3.15 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

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4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements ........... Error! Bookmark not defined.

5 Proposal Format

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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

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form ..................... Error! Bookmark not defined.

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

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Appendix <<#>>. – <<Title of Appendix>> ................................................. Error! Bookmark not defined.

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror responding to this RFP shall meet the following Minimum Qualifications and shall document as such in their proposal:

1. The Offeror, as a business, shall have at least Five (5) years of experience within the last five (5) years performing training and installation of LiDAR terrestrial survey equipment and a least five years of reselling LiDAR terrestrial Survey equipment to State and or Federal government entities. Experience of individual personnel in the company shall not count towards meeting the required Five (5) year of experience.

2. The Offeror shall have completed a project of a similar size and scope within the last five (5) years, and that project’s owner/client shall be one of the three (3) industry references called out in the Contractor Qualification Statement.

3. The Offeror shall demonstrate the financial capacity and capability to perform all the work required under this Contract, and the ability to provide the required bonding, insurance, and indemnification to SHA.

4. The Offeror shall provide key personnel that are experienced in the successful furnishing, installing, integrating, testing, commissioning, maintaining, and warranting of LiDAR Survey Equipment with the requirements set forth in this RFP.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for State Highway Administration Page 2 of 82

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The State Highway Administration SHA is issuing this Request for Proposals

(RFP) in order to establishes the components required for the procurement of terrestrial-based survey-grade technology that uses laser light or light detection and ranging (LiDAR) sensors to create 3D high-resolution imagery, maps, and models of natural and artificial features on or above the surface of the earth.

The bidder represents that all equipment shall be new. Demonstration, prototype, discontinued, or soon-to-be discontinued (within six months of contract award date) models or releases will not be accepted. All computers, parts, cables, accessories, adapters, firmware, and/or software not specifically mentioned within this specification, which are necessary for the system to be fully functional, shall be furnished by the successful bidder as incidental items included in the bid price.

This scanning system will be used to collect, register, store, perform feature extraction, and model simple to complex planimetric (2D and 3D) and topographic features to be used as the foundation for 3D models in a computer-aided drafting and design (CADD) environment for the design, construction, and as-built of small to large complex transportation projects. This scanning system and the processing hardware and software shall be expandable to incorporate the requirements of registering, perform feature extraction, and modelling of aerial- (sUAS), terrestrial-, and mobile-based LiDAR equipment into future systems.

2.1.2 It is the SHA’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 SHA intends to make a single award to the RFP. See RFP Section 4 – Evaluation and Selection Procedures 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 The purpose of this solicitation is to procure a state-of-the-art commercially available solution to provide terrestrial-based survey-grade technology that uses laser light or light detection and ranging (LiDAR) sensors to create 3D high-resolution imagery, maps, and models of natural and artificial features on or above the surface of the earth.

2.1.6 The State will not procure a software application still in development. The COTS software utilized in the solution shall be operational (i.e., in development) and generally available by the due date of the Proposal.

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

2.1.8 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

RFP for State Highway Administration Page 3 of 82 government, agency or organization with which the Contractor is dealing is a state entity.

2.1.9 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:

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

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

C. Shall not be binding or enforceable against the State; and

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

2.1.10 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.

2.2 Background, Purpose and Goals

2.2.1 Background

The State Highway Administration (SHA) wants to purchase a Portable LiDAR 3D Mapping System, to quickly survey site terrain and develop 3D models for geohazard response, geotechnical engineering, slope asset inventory, and condition assessments. The system will Integrate LiDAR, GNSS and 360-degree imaging using a comprehensive portable data collection, analysis, and reporting system for mobile mapping; and Incorporate Simultaneous Location and Mapping (SLAM) algorithms that include automatic loop closure and a system capable of producing a real-time point cloud. MDOT SHA is required to respond to roadside hazards within 24 hours. This technology will allow us to capture data quickly and respond faster.

Goals of Hardware Purchase & Requirements

Terrestrial-based survey-grade technology that uses laser light or light detection and ranging (LiDAR) sensors to create 3D high-resolution imagery, maps, and models of natural and artificial features on or above the surface of the earth. The bidder represents that all equipment shall be new.

Demonstration, prototype, discontinued, or soon-to-be discontinued (within six months of contract award date) models or releases will not be accepted.

All computers, parts, cables, accessories, adapters, firmware, and/or software not specifically mentioned within this specification, which are necessary for the system to be fully functional, shall be furnished by the successful bidder as incidental items included in the bid price.

Goals of Software Purchase & Requirements

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This scanning system software will be used to collect, register, store, perform feature extraction, and model simple to complex planimetric (2D and 3D) and topographic features to be used as the foundation for 3D models in a computer-aided drafting and design (CADD) environment for the design, construction, and as-built of small to large complex transportation projects. This scanning system and the processing hardware and software shall be expandable to incorporate the requirements of registering, perform feature extraction, and modelling of aerial- (sUAS), terrestrial-, and mobile-based LiDAR equipment into future systems.

Goal of Training Purchase & Requirements The state will require two types of training to be conducted in-person at SHA headquarters (707 N. Calvert St. Baltimore, MD. 21202) Training for hardware and setup and training on how to process and model data. Training should be scheduled within 5 days of NTP and training to be conducted within 60 days.

2.2.2 State Staff and Roles

In addition to the Procurement Officer the State will provide:

A. State Project Manager

1) The State will provide a State Project Manager who will be responsible for assessing the qualifications of the offeror and coordinating training dates and times.

B. The State Project Manager will provide the following: …….

1) Expertise regarding

2.2.3 Other State Responsibilities

C. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

D. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

2.3 Responsibilities and Tasks

2.3.1 Purchase of LiDAR equipment

The State Highway Administration (SHA) wants to purchase One (1) terrestrial-based, tripod-mounted LiDAR scanning system. The system must be able to maintain wireless communication and data transfer using gigabit ethernet, integrated wireless LAN, and USB cable with a handheld controller device based on the Windows 10 operating system or newer. The system must have a minimum of 256GB of storage by either internal solid-state drive (SSD) or Secure Digital

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High Capacity (SDHC) card. At minimum, the system must contain an internal integrated 10-megapixel HDR camera sensor capable of panoramic image stitching and live video streaming. The system must have an on-board real-time dual axis compensator to correct for angular tilt. The system shall be able to perform automatic and manual in-field scan registration and 3D visualization as well as cloud-to-cloud post-processing and target-based post-processing registrations. The system must be able to perform self-orientation, set azimuth relative to a known backsight, auto-resection, and traverse functions. The system shall be able to automatically remove moving objects from data collection through redundant scanning functions. The scanning system must be able to be operated by both on-board display and wireless data controller. The distance measuring shall meet or exceed the following minimum capabilities: maximum useful working range (at between 7%-10% reflectivity) of 150m; minimum useful working range of 0.5m;

capable of variable sensitivity levels/sensor selectivity levels (low, standard, and high speed); minimum 3D point accuracy of 6mm @ 50m; at 75% albedo, the maximum range noise of 0.5mm at 50m; minimally able to collect data at a rate of 1-million points per second throughout a field-of-view of 360 degrees horizontally by 275 degrees vertically. The scanning system shall include enough rechargeable Li-ion batteries to collect ten hours of scan data without interruption to data acquisition. The scanning system shall have an International Protection Marking minimum rating of Ingress Protection (IP) 54. The scanning system shall be able to export scan data in the following file formats: LAS, POD, E57, RCP, and PTX.

The scanning system shall have a minimum of two (2) year manufacturer’s warranty including electronics, parts, labor, software, maintenance, and calibration.

One (1) Windows 10 based, or newer terrestrial LiDAR scanning controller compatible with the hardware described in Section A. The scanning controller must have WLAN and Bluetooth connectivity. The scanning controller must contain all manufacturer required software and hardware specifications to operate and have full functionality of the scanning system.

One (1) Windows-based post-processing computer capable of running all software associated with this scanning system as well as future highly intensive mobile-based LiDAR scanning data sets. The computer shall contain the following equivalent hardware or better: Intel-based i-9 24-core processor, or better; 128GB of RAM; 48GB of video RAM; M.2 PCIe NVMe 1 TB hard drive for program data; three (3) SATA or SSD 4TB hard drives with a minimum of 6GB/second data transfer rate for scan data; a motherboard with sufficient bandwidth on the I/O bus to match the component throughputs.

2.3.2 Purchase of Software

One (1) Manufacturer specific software application to be installed on the desktop computer (described in Section I, subsection C), able to import the scanning system file formats (described in Section I, subsection A) as well as any proprietary file formats for the purpose of cloud-to-cloud post processing, target-based post processing, and georeferencing of point cloud scan data. The software must be able to perform automatic point cloud feature classification extraction and modelling. The post processed georeferenced scan data and associated features, RFP for State Highway Administration Page 6 of 82 lines, symbols, etc. must be able to be imported into industry standard CADD platforms such as Bentley Open Roads Designer (ORD), Bentley MicroStation InRoads, Carlson Software, Autodesk Civil 3D, etc.

2.3.3 Purchase of Training

One (1) Professional training consisting of three (3) days of in person training at the Plats and Surveys Division (PSD) facility for scanning system hardware setup, installation, upload, download, firmware installation, and practical use demonstrations for up to four (4) employees. This training must be in person and include practical on-site LiDAR point cloud acquisition of a data set to be incorporated into subsequent training requirements). This training must consist of written documentation provided to the State detailing the process, step-by-step, necessary to perform the full functions of the scanning system.

One (1) Professional training consisting of five (5) days for scanning system) for up to four (4) employees to import scan data from scanning system and the cloud-to-cloud post processing, target-based post processing, and georeferenced post processing of scan data. The training must demonstrate how to automatically and manually extract point cloud feature data based on feature classification, slice point cloud data, decimate point cloud data, model linework and spot features, calculate high point, low point, and minimum distance between two points, area and volume calculations based on scan data, and create a digital terrain model (DTM) for export and further refinement into CADD formats and any other technique necessary to have planimetric (2D and 3D) and topographic data suitable for the design, construction, and as-built of transportation projects. This training must consist of written documentation provided to the State detailing the process, step-by-step, from the beginning stages to the preparation of a final deliverable in a CADD platform.

2.3.4 Mobile Application

The Offeror shall have mobile LiDAR hardware equipment solution that has a mobile application associated with it that meets or exceeds the specifications for LiDAR as outlined above

2.3.5 Contractor-Supplied Hardware, Software, and Materials

A. By responding to this RFP and accepting a Contract award, the Offeror specifically agrees that for any software, hardware or hosting service that it proposes, the State will have the right to purchase such item(s) from another source, instead of from the selected Offeror.

B. SaaS (Service as a Software) applications shall be accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based email) or a program interface.

C. The State shall be permitted limited user-specific application configuration settings.

D. The Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided, and shall keep all software current.

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E. All Upgrades and regulatory updates shall be provided at no additional cost.

F. The State requires that the Offeror price individual software modules separately.

G. The State also requires that the Offeror provide fully functional, generally available software and multiple-user licenses for purchase as needed throughout the life of the Contract.

H. The Offeror shall install and provide all documentation for the software furnished under the Contract.

I. Material costs shall be passed through with no mark-up by the Contractor.

J. The Contractor shall prepare software releases and stage at the State Highway Administration for validation in the system test environment. The State Highway Administration will provide authorization to proceed. The State Highway Administration will have the ability to manage the distribution of these releases to the appropriate sites. To support this requirement, the Contractor shall propose, provide and fully describe their solution for updating all sites with any new software releases.

K. The Offeror shall provide manufacturer or provider’s standard warranty for the item. Offeror shall identify the duration of the standard warranty. Any warranty period for goods and services will not commence until acceptance of the products or services by the State Highway Administration. Notwithstanding anything to the contrary, all defective items must be replaced at no additional cost to the State.

L. Acceptance criteria for hardware: Based on specifications of the product we require 5-day acceptance criteria.

2.3.6 Required Project Policies, Guidelines and Methodologies

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting Information Technology projects, which may be created or changed periodically.

Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised laws, regulations, policies, standards and guidelines affecting project execution. These include, but are not limited to:

A. The State of Maryland System Development Life Cycle (SDLC) methodology at:

http://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx ;;

B. The State of Maryland Information Technology Security Policy and Standards at:

http://www.DoIT.maryland.gov- keyword: Security Policy;

C. The State of Maryland Information Technology Non-Visual Standards at:

http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

D. The State of Maryland Information Technology Project Oversight at:

http://doit.maryland.gov/epmo/Pages/ProjectOversight.aspx;

E. The Contractor shall follow project management methodologies consistent with the most recent edition of the Project Management Institute’s Project Management Body of Knowledge Guide; and

2.3.7 Product Requirements

A. Offerors may propose open-source software; however, the Offeror must provide operational support for the proposed software as part of its Proposal.

http://www.doit.maryland.gov/

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B. Offeror shall be authorized to furnish the proposed goods and services. Offerors proposing to resell services of another entity must be authorized by such other entity.

C. No international processing for State Data: As described in Section 3.7 Security Requirements, Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited.

D. Offeror consistent expiration dates: A PO for a service already being delivered to the State Highway Administration under the Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated.

E. Any Contract award is contingent on the State’s agreement, during the Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section 5.3.2. Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

F. The Contractor shall not establish any auto-renewal of services beyond the period identified in Contract documents.

G. In addition to any notices of renewal sent to the State Highway Administration, Contractors shall email notices of renewal to the e-mail address designated by the Contract Monitor.

2.3.8 Maintenance and Support

Maintenance and support, and Contractor’s ongoing maintenance and support obligations, are defined as follows:

A. Maintenance commences at the acceptance of the hardware. Billing for such maintenance and support shall be paid in full 30 days after the invoice is received.

B. Software maintenance includes all future software updates and system enhancements applicable to system modules licensed without further charge to all licensed users maintaining a renewable software support contract.

C. Support shall be provided for superseded releases and back releases still in use by the State.

D. For the first year and all subsequent Contract years, the following services shall be provided for the current version and one previous version of any Software provided with the Deliverables, commencing upon the NTP date

1) Error Correction. Upon notice by State of a problem with the Software (which problem can be verified), reasonable efforts to correct or provide a working solution for the problem.

2) Material Defects. Contractor shall notify the State of any material errors or defects in the Deliverables known, or made known to Contractor from any source during the life of the Contract that could cause the production of inaccurate or otherwise materially incorrect results. The Contractor shall initiate actions as may be commercially necessary or proper to effect corrections of any such errors or defects.

Updates. Contractor will provide to the State at no additional charge all new releases and bug fixes (collectively referred to as “Updates”) for any

RFP for State Highway Administration Page 9 of 82 software Deliverable developed or published by the Contractor and made available to its other customers.

E. Operations tasks to include virus scans

2.3.8.1 Technical Support [[Note: technical support and help desk are not the same.]]

A. “Technical Support” means Contractor-provided assistance for the services or Solution furnished under the Contract, after initial end-user support confirms a technical issue that requires additional troubleshooting capabilities; sometimes referenced as Tier II – IV support.

B. Technical Support shall be available during Normal State Business Hours.

[[Adjust if other hours are required. Remember, Normal State Business Hours is a defined term (see Appendix 1).]]

C. The State shall be able to contact a Technical Support team member 24 hours per day, 7 days per week, 365 days per year.

D. Contractor Personnel providing technical support shall be familiar with the State’s account (i.e., calls shall not be sent to a general queue). [[Adjust as appropriate.

Support that isn’t sent to a general queue may cost more.]]

E. Contractor shall return calls for service of emergency system issues (see Section

2.6 Service Level Agreement) within one (1) hour.

F. Calls for non-emergency IT service requests will be returned within three (3) hours or immediately the following day if after Normal State Business Hours.

[[Adjust to match B.]]

G. The State shall be provided with information on software problems encountered at other locations, along with the solution to those problems, when relevant to State software.

2.4 Deliverables

2.4.1 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: Deliverable Product Acceptanc Form (DPAF) sample (maryland.gov)

C. 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.

D. 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.

https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf

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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 2.4.3 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 2.4.3 Minimum Deliverable Quality.

2.4.2 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 2.4.4 Deliverable Descriptions/Acceptance Criteria.

B. 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.

C. 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.

D. 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.

2.4.3 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.

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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.

2.4.4 Deliverable Descriptions/Acceptance Criteria

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 tasks.

Deliverables Summary Table*

ID # Deliverable Description

Acceptance Criteria Due Date / Frequency

Hardware delivered The product has been delivered and successfully accepted.

Initial Delivery: NTP + 30 Calendar Days Updates: Bi-weekly until product has been successfully accepted.

Software provided and installed

The software and been installed and tested. Software delivered by

NTP date.

Training In person training has been completed to Contract managers satisfaction.

Initial Delivery: NTP+ 30 Calendar Days Updates: Bi-weekly until training has been completed.

*The deliverables summary table may not list every contractually required deliverable. Offerors and Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

2.5 Optional Features or Services, Future Work

2.5.1 Future advertisements for similar hardware and software, including additional terrestrial- and mobile-based LiDAR systems must be compatible with the hardware and software procured under this advertisement and either meet or exceed the minimum specification as outlined in section 2 (Scope of Work) of this RFP.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish <<an updated Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to <<60>> days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide updated System Documentation (see Appendix 1), as appropriate; and

D. Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

A. The Contractor shall provide a draft Transition-Out Plan <<120 Business Days>> in advance of Contract end date.

B. The Transition-Out Plan shall address 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 State Highway Administration 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 State Highway Administration or a designee;

5) Any final training/orientation of State Highway Administration staff;

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

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7) Knowledge transfer, to include:

a) A working knowledge of the current system environments as well as the general business practices of the State Highway Administration;

b) Review with the State Highway Administration 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

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.

C. The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

D. The Contractor shall provide copies of any current daily and weekly back-ups to the State Highway Administration or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

E. Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.2.5 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data;

(b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

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B. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

C. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

A. The Contractor shall <<send OR e-mail>> the original of each invoice and signed authorization to invoice to the Contract Monitor and <<List individual>> at e-mail address: <<e-mail address>>.

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. 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 (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

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

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

E. The State Highway Administration reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the State Highway Administration 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.

F. Any action on the part of the State Highway Administration, 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.

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G. 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.

H. 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.

3.3.2 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 – Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the State Highway Administration.

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

3.3.3 Deliverable Invoicing [[Remove if payment is not by deliverable. Adjust as appropriate.]]

A. Deliverable invoices shall be accompanied by 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/DeliverablePro ductAcceptanceForm-DPAFsample.pdf).

B. Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.4.

3.3.4 Time and Materials Invoicing

Time and Materials will not be reimbursed under this RFP.

3.3.5 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

Inapplicable because there is no MBE goal for this RFP.

3.4.1 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.6 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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3.6.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the State Highway Administration should be added as a “loss payee.”

D. Cyber Security / Data Breach Insurance – The Contractor shall possess and maintain throughout the term of the Contractor and for three (3) years thereafter, cyber risk/ data breach insurance (either separately or as part of a broad Professional Liability or Errors and Omissions Insurance) with limits of at least five million dollars ($5,000,000) per claim. Any "insured vs. insured" exclusions will be modified accordingly to allow the State additional insured status without prejudicing the State’s rights under the policy(ies). Coverage shall be sufficiently broad to respond to the Contractor's duties and obligations under the Contract and shall include, but not be limited to, claims involving privacy violations, information theft, damage to or destruction of electronic information, the release of Sensitive Data, and alteration of electronic information, extortion, and network security. The policy shall provide coverage for, not by way of limitation, breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

E. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

F. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance…