TORFP Third Party Administrator Audit Services AGY-27-036-SR.pdf

STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION (MTA)

THIRD PARTY ADMINISTRATOR AUDIT SERVICES

TORFP

TORFP NUMBER: AGY-27-036-SR

ISSUE DATE: THURSDAY, JULY 9, 2026

Third Party Administrator Audit Services Solicitation #: AGY-27-036-SR TORFP Document

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page ii of 59

STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION (MTA)

KEY INFORMATION SUMMARY SHEET

ASC TORFP Third Party Administrator Audit Services

TORFP Number: AGY-27-036-SR

TORFP Issue Date: Thursday, July 9, 2026

TORFP Issuing Office: Maryland Transit Administration

Procurement Officer: Michele Jones 6 St. Paul Street, Room 700 Baltimore, MD 21202 e-mail:

Office Phone:

Mjones19@mdot.maryland.gov 410-767-5393 (C) 443-515-1956

TOPs are to be sent to: Task Order Proposals will be accepted through the State's eMaryland Marketplace Advantage (eMMA) e-Procurement system. Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to- Solicitations-Double-Envelope-v2.pdf.

Pre-TORFP Conference: Wednesday, July 15, 2026 Local Time: 2:00p.m. VIRTUAL

See Attachment A for instructions.

Virtual Conference, by Calendar Invitation from Procurement Officer Only

Questions Due Date: Friday July 17, 2026 Local Time: By 2:00p.m. EST

Technical and Financial Proposals due Date and Time:

Friday, July 24, 2026 Local Time: by 2:00p.m. EST

Master Contractors are reminded that a completed Feedback Form is requested if a no-bid decision is made.

mailto:Mjones19@mdot.maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page iii of 59

MBE Subcontracting Goal: 15% with no subgoals

VSBE Subcontracting Goal: 3% with no subgoals

Task Order Duration: Three Years with an 8 Month Renewal Option

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page iv of 59

Primary Place of Performance:

Maryland Transportation Office of Audits 6 St. Paul Street 8th Floor Baltimore, MD 21202

SBR Designation: No

Federal Funding: No

Non-Routine Travel Allowed: No

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page v of 59

TABLE OF CONTENTS – ASC TORFP

1 Contractor Requirements: Scope of Work

1.1 Purpose

1.2 Background

1.3 Goal of Audit

1.4 Requirements

1.5 Additional Requirements

1.6 Term of Task Order

1.7 State Facilities Provided

2 General TOP Requirements

2.1 Task Order Manager (TOM)

2.2 Reporting and Presentations under the ASC for the TORFP

2.3 Auditing Standards

2.4 Detailed Work Plan

2.5 Kick-Off Meeting and Final Detailed Work Plan

2.6 Written Progress/Status Reports

2.7 Not-To-Exceed Ceiling Amount

2.8 Staffing

2.9 Terms and Conditions

2.10 Master Contractor’s Invoicing and Invoicing Report(s)

2.11 Travel

2.12 DGS Contract Management

2.13 Security

3 Procurement Instructions

3.1 Pre-TOP Virtual Conference

3.2 eMaryland Marketplace Advantage (eMMA)

3.3 Questions

3.4 Procurement Method

3.5 TOP Due (Closing) Date and Time

3.6 Public Information Act Notice

3.7 Award Basis

3.8 Oral Presentation

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page vi of 59

3.9 Duration of TOP

3.10 Revisions to the TORFP

3.11 Cancellations

3.12 Incurred Expenses

3.13 Protest/Disputes

3.14 False Statements

3.15 MBE Participation Goal .........................................................................................................12-13

3.16 VSBE Goal

3.17 Living Wage Requirements

3.18 Federal Funding Acknowledgement

3.19 Conflict of Interest Affidavit and Disclosure

3.20 Non-Disclosure Agreement

3.21 HIPAA - Business Associate Agreement

3.22 Location of the Performance of Services Disclosure

3.23 Department of Human Services (DHS) Hiring Agreement

3.24 TO Proposal Affidavit

3.25 TO Contract Affidavit ............................................................................................................17-18

3.26 Small Business Reserve (SBR) Procurement............................................................................. N/A

4 Technical and Financial Format and Submission Requirements

4.1 General

4.2 Format for Technical TOP ......................................................................................................19-21

4.3 Technical Submission ............................................................................................................21-24

4.4 Financial Submission .............................................................................................................24-25

5 Evaluation and Award

5.1 Evaluation Criteria for this TORFP

5.2 Reciprocal Preference

5.3 Selection Process

5.4 Award Determination

5.5 Execution of the TOA and Initial Notice-To-Proceed

6 TORFP ATTACHMENTS AND APPENDICES ........................................................................ 29-31

Attachment A. Pre-TOP Teleconference Response Form

Attachment B. Financial TOP Instructions & Form

Third Party Administrator Audit Services TORFP for Maryland Transit Administration Page vii of 59

Attachment C. TO 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 ..................................................................................... N/A

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. N/A

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Task Order Agreement

Attachment N. TO Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Vendor Feedback Form

Appendix 2. – Master Contractor Information Sheet

Appendix 3. – Labor Category Summary Sheet

Third Party Administrator Audit Services TORFP for Maryland Transit Administration

Solicitation# AGY-27-036-SR

TORFP Document

1 Contractor Requirements: Scope of Work

1.1 Purpose

1.1.1 The Maryland Transit Administration (MTA) is issuing this Task Order Request for Proposals (TORFP) in order to procure the services defined in this Section 2, as specified in this TORFP, from a task order between the successful master contractor(s) and the Maryland Transit Administration:

The MTA is issuing this solicitation for the purposes of contracting with a firm to provide audit assurance and consulting services, for review of the Agency’s Healthcare invoices. The contractor shall also be tasked to fully conduct an audit, investigation, special review or consulting engagement (i.e. planning, testing, reporting and follow-up). The contractor will provide internal audit services to assist the MTA Administrator and the Human Resources Department in accomplishing their objectives by assuring that the plans are charged accordingly, proper discounts and rebates are applied and the plans reconcile monthly.

1.1.2 It is the State’s intention to obtain goods and services, as specified in this TORFP, from a Task Order between the selected Master Contractor and the State.

1.1.3 The MTA intends to make a single award for the work under this RFP. See ASC Master Contract RFP No. 001B0600234 Section 3.7 Award Basis for more Contract award information.

1.1.4 A Master Contractor, 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 performance regardless of subcontractor participation in the work.

1.2 Background

The Maryland Department of Transportation Maryland Transit Administration (MTA) is issuing this Task Order Request for Proposals (TORFP) to solicit a third party auditor to review healthcare invoices in the agencies medical, vision, dental and prescription plans. The Contractor will provide audit and investigation services to assist the MTA’s Human Resources Benefits Department in accomplishing their objectives to evaluate and improve the accuracy of the agency’s healthcare plan invoices.

MTA is a modal administration under the Maryland Department of Transportation (MDOT) and is one of the largest multi-modal transit system in the United States operating six modes – Local Bus, Metro Subway, Light Rail, Paratransit, Commuter Bus and Maryland Area Regional Commuter (MARC) Train. MTA also manages the Taxi Access system and directs funding and statewide assistance to Locally Operated Transit Systems (LOTS) in each of Maryland’s 23 counties, Baltimore City, Annapolis and Ocean City. MTA operates a comprehensive transit system throughout the Washington- Baltimore metropolitan area with future light rail service with the Purple Line projected to begin operations in 2027 and current planning for light rail services with the Red Line. MTA is headquartered in Baltimore City with a majority of additional locations and offices for administrative and operational functions located in Baltimore City and the Baltimore metropolitan area. The MTA combined operating/special funds and capital budget totaled $2.1B for FY2026. Operating/special funds are funded through the Transportation Trust Fund (TTF) which funds all MDOT operational expenditures.

The MTA holds a total of 3,544 authorized personnel identification numbers (PINs) of regular and contractual employees. These PINs include employees included in three individual labor unions of which MTA maintains labor agreements that set forth terms for those employees including wages and pension benefits. MTA has a payroll function separate from the State of Maryland for union employees and pensioners.

1.3 Goal of Audit

The Agency’s goals for this financial audit service is to provide the following:

• Auditing services including review of agencies’ invoices related to their current healthcare offerings.

• Obtain assistance in completing special reviews of specific areas of MTA that may arise in response to inefficiencies arising from inaccuracies, regulatory compliance or operations that are not routine.

1.4 Requirements

The Master Contractor will complete the requirements as indicated to meet the Agency’s goals through the following objectives:

The following services will be requested throughout the term of the TORFP and documented in agreed upon procedures or work plan between the contractor and MTA. The agreed upon procedures or work plan will include the type of services to be provided, method for the Contractor to provide the information, required time frame for the Contractor to deliver the information requested, and the costs to provide the analysis or information.

When requested by the MTA, the Contractor will provide qualified auditors to assist the MTA’s Office of Human Resources staff in conducting specified audits. The MTA and the Contractor will agree upon the personnel needed, responsibilities of the assignment, estimated period of services, and the costs to provide the services requested.

1.5 Additional Requirements

In addition to the General Requirements documented in Section 1 of the TORFP and above, the Master Contractor must complete:

• Audits of administrative/operational procedures;

• Audits of claims (accuracy, timing, consistent with the plan design, etc.);

• Audits of compliance with performance guarantees;

• Compliance with all contract terms (including pricing, full pass-through of provider pricing and discounts to the MTA as required by the vendor contracts, negotiated rates, fees, financial and pricing issues, services standards, reporting requirements, etc.);

• Audits of Manufacturer Agreements including Payments and Rebates for the prescription plan;

• Audits of PBM’s inflation protection plan and savings achievement;

• Audits of clinical processes;

• Review of internal audits conducted by or at the direction of the Vendor Contractors (including at a minimum hospital billing or pharmacy audits) for adequacy of the internal program and verification that any recoveries, rebates or payments were appropriately paid to the MTA (including prior external Program audit findings); and

• Preparatory work prior to on-site reviews and meetings: review of the Vendor Contractor contract terms, data exchange testing, data exchanges, etc.;

• On site reviews with Vendor Contractors. These reviews would constitute preparatory work and conducting the on-site aspects of the audit;

• Draft audit reports (including the audited Vendor Contractor’s response to draft audit findings);

• Meetings with the MTA, Vendor Contractors and Audit Contractor to discuss and coordinate audit findings as described in the draft audit report;

• Final audit reports (after discussions among the Department, the Audit Contractor and the audited Vendor Contractor); and

• Monthly reports to the Contract Manager

1.6 Term of Task Order

The term of the task order agreement will begin upon receipt of a fully executed Task Order Agreement in conjunction with an initial Notice-To-Proceed issued by the Maryland Transit Administration. Upon delivery and after State acceptance of the final deliverable, the term of the Task Order Agreement will end August 31, 2030.

1.7 State Facilities Provided

At the State’s facility, the following will be provided.

• Office/cubicle space

• Access to the agency network solely for necessary electronic files, records and systems.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 General TOP Requirements The TORFP and any subsequent TOA are fully subject to the ASC Master Contract’s terms and conditions, which are generally not repeated herein except for clarification. The requirements noted in this Section are general TORFP requirements. See also Section 1, Contractor Requirements:

Scope of Work

2.1 Task Order Manager (TOM)

The assigned TOM to assure compliance with the TOA is: Scott Mitchell, Deputy Director of Human Resources (410)915-9628, smitchell1@mdot.maryland.gov. After TOA award, the TOM is the focal point for all correspondence and discussions with the contractor concerning technical directions and issues, and all technical direction that provides specific details and milestones. All deliverables must be submitted to and through the TOM. The TOM acknowledges receipt of the deliverables, but this does not constitute approval for the deliverables. Approval for acceptance of the deliverables shall only be through the TOM. For any deliverable that does not receive acceptance, the TOM will provide written notification of what is required to complete the deliverable to the State’s satisfaction. The TOA Contractor must correct the deliverable to the State TOM’s satisfaction and resubmit the deliverable for review and approval. Any deviation from this will result in the TOA Contractor performing at risk of non-payment for any unapproved services. Any change to this TOM position will be communicated in writing.

2.2 Reporting and Presentations under the ASC for the TORFP

For specific reports and presentations required by the TORFP noted in Section 2, and any subsequent TOA, at a minimum each time a report is required as a deliverable, the following procedure will be followed and Off meeting, the TOA Contractor shall prepare the documents in Microsoft products such as MS Word, MS Excel, MS PowerPoint, etc.:

2.2.1 Draft Reports: The TOA Contractor shall prepare and present as requested a written Draft Report(s) that includes as applicable, findings, conclusions, anomalies (such as questioned costs, etc.) and recommendation(s). The State agency is especially interested in those recommendations that will improve their records and internal controls for themselves, and each applicable stakeholder as directed by the TORFP.

2.2.2 Final Reports: The Draft Report(s) shall reference and include all backup materials. The Draft Report(s) must be provided and presented to the TOM. Unless required otherwise by the SOW, the TOA Contractor must plan within their Work Plan to incorporate the TOM’s recommended edits into a Final Report (for each contract) due within ten (10) working days of the delivery and presentation to the TOM of the Draft Report(s).

2.2.3 Summary Report: The TOA Contractor shall provide a Summary Report that summarizes the Final Report(s) in an Executive Summary that includes summaries for each category for: Findings, Conclusions, Anomalies, and Recommendations.

2.2.4 Presentations: After delivery of the Final Report(s) and the Summary Report, the TOA Contractor shall support up to eight presentations to stakeholders and/or management entities as directed by the TOM, and at times and places as approved by the TOM. Support includes the written determination, presentation materials, media (hardware and software), and staff. See the specific requirements within Section 2 as it may alter the number and times presentations are required.

mailto:smitchell1@mdot.maryland.gov

2.3 Auditing Standards

The TOA Contractor shall conduct the audit using generally accepted auditing standards and accordingly, include such tests of the accounting records and such other auditing procedures as are considered necessary, and documenting the standards utilized in their reports.

2.4 Detailed Work Plan

2.4.1 As a general guideline, the Master Contractor as the TOA Contractor will accomplish the work under the TORFP/TOA in the following phases:

Phase I: Kick-Off Meeting and Finalize the Detailed Work Plan Phase II: Execution of the Final Detailed Work Plan Finalized in Phase I Phase III: Draft Reports Phase IV: Final Reports and Summary Report Phase V: Presentations

2.4.2 The Detailed Work Plan must give a detailed description of the planned audit activities and a description of the audit approach/methodology for conducting reviews and for testing. The Detailed Work Plan is based upon the successful TOA Contractor’s proposed TOP solution that will be utilized as the Draft Work Plan.

2.4.3 The Draft and Final Detailed Work Plans must include the schedule of audits to be performed and estimate task hours of effort. The price in total for all work effort shall not exceed the total Not- To-Exceed price in the TOA contractor’s approved Task Order Proposal. Hours utilized must be aligned by the approved Labor Categories as proposed, unless a variation in the use of the hours has received prior approval from the TOM. However, even with a variation in the use of hours, the price shall not exceed the total price approved for the Task Order Agreement.

2.4.4 The Final Detailed Work Plan is a living document, and the TOA Contractor has the responsibility to keep it up-to-date. All requested changes must have prior approval in writing from the TOM before their incorporation.

2.5 Kick-Off Meeting and Final Detailed Work Plan

2.5.1 The TOA Contractor shall attend and support the initial Kick-Off Meeting that is to be held (unless there is prior approval for another time by the TOM) within approximately 15 working days after TOA Award and the initial Notice To Proceed. The TOA Contractor will provide the Draft Work Plan at the initial Kick-Off Meeting for discussion and input.

2.5.2 The Final Detailed Work Plan shall actually be a summary plan that is made up of individual components specific to the audit services work as required by Section 2. The Final Detailed Work Plan and its components must demonstrate the timeline, resources, and effort for completing each audit, the Draft Reports, Final Reports, and any presentations. The timeline and resources must acknowledge access to the State’s resources as well. Unless pre-approved otherwise by the TOM in writing, the Final Detailed Work Plan is due within 5 working days of the Kick-Off Meeting.

2.5.3 During Phase II execution, periodic meetings will be held with the TOM or a designee in order to notify the Agency of any issues, concerns, or problems encountered. The initial schedule of these meetings and timing/format of status reports will be established at the initial Kick-Off Meeting.

Although the TOM directs the timing and format of the status meetings, it is anticipated that initial meetings between the State TOM/team and the TOA Contractor will be approximately weekly.

2.6 Written Progress/Status Reports

The TOA Contractor is responsible for preparing written progress/status reports. The format and content of the weekly reports will be established at the initial Kick-Off Meeting.

2.7 Not-To-Exceed Ceiling Amount

The TOA will establish an NTE ceiling dollar amount. The TOA Contractor must monitor invoiced amounts under the TOA. When a TOA is projected to reach 75% and 90% of the NTE ceiling dollar amount while performing a TOA, the TOA Contractor shall give notice to the TOM and the DGS Contract Manager that the TOA has reached or is projected to reach the 75% and 90% levels respectively. Each notice will also include an analysis of the TOA Contractor’s ability to complete the project within the NTE ceiling amount. If the analysis concludes that the project cannot be completed within the NTE ceiling amount, the rationale for this conclusion must be provided, along with a projection of the amount that would be needed to complete the project. However, providing such a projection shall not obligate the State to change the NTE ceiling dollar amount. If a TOA Contractor reaches the TOA’s NTE ceiling dollar amount, the TOA Contractor must stop performing any services for which it would seek payment beyond the NTE ceiling dollar amount. See again ASC Master Contract RFP No. 001B0600234 Section 2.4 for additional information.

2.8 Staffing

As with all Master Contracts and subsequent TOA requirements, staffing by the Master Contractor is governed by the ASC Master Contract. This includes its own staffing and those staff utilized through subcontractors.

2.8.1 The Master Contractor shall communicate with and manage its commitments to its subcontractor(s) and the State. See also ASC Master Contract RFP No. 001B0600234 Section 4.24, Prompt Payment Policy.

2.8.2 For any subcontractors proposed on a TOA, the Master Contractor shall provide documentation upon the State’s request of the written, signed and dated commitment between the Master Contractor and the subcontractor, and the specific agreed for scope of work and commitment. The commitment must be in-place before the Master Contractor uses such subcontractor in a TOP. If at any point during the TORFP/TOP process that the Master Contractor becomes aware of a subcontractor’s inability to perform the services as committed to and indicated in its TOP, the Master Contractor shall promptly document this in writing to the DGS Contract Manager. As this may affect the Master Contractor’s ability to complete the applicable TOA, or receive a subsequent applicable TOA award, the DGS Contract Manager will provide written direction on any further process required to remedy the issue.

2.8.3 In response to each TORFP, the Master Contractor shall propose staff that is available at the time of the Master Contractor’s TOP for the time period specified in the applicable TORFP. The staff that is proposed by the Master Contractor shall be the staff utilized if awarded the TOA. From the date that a TOP is received by the DGS Contract Manager (or designee), any subsequent changes to personnel requested by the Master Contractor must be done per the procedures outlined in the ASC Master Contract RFP No. 001B0600234 Section 3.11, Substitution of Personnel.

2.8.4 On a monthly basis, even if there is zero work effort performed or zero invoicing, the Master Contractor will give status reports for the prior month’s activity per the TOA requirements until final deliverables and invoices have been accepted and reported. In addition, the Master Contractor and their MBE subcontractor(s) must provide the TOM respectively, MBE D-4A and/or D-4B forms for Master Contractor activity and MBE form D-5 directly from the MBE subcontractor to the TOM for their activity. Further, the Master Contractor and their VSBE subcontractor(s) must provide the TOM respectively, VSBE E-3 form for Master Contractor activity and VSBE E-4A directly from the VSBE subcontractor to the TOM for their activity.

2.9 Terms and Conditions

2.9.1 The Master Contract terms and conditions are fully applicable to this TORFP and are not usually repeated within the TORFP except for clarification. Please refer to the Master Contract’s RFP for details.

2.9.2 The sole contact for the ASC Master Contractors at release of the TORFP and until after Task Order Agreement (TOA) award is the DGS Contract Manager (See TORFP Key Information Summary Sheet.) During the term of the TOA Award, the Agency TOM is the point of contact (see Scope of Work).

2.10 Master Contractor’s Invoicing and Invoicing Report(s)

2.10.1 Invoices with applicable backup documentation are due to the TOM no later than the 10th of the calendar month for the proceeding month’s expended Task Order Agreement activity, unless there is a prior written approval by the TOM for another submission date for the specific month. For example, for the month of May 1 through May 31, 2020, all invoices, MBE reports, and any monthly status reports as requested by the TOM are due to be submitted no later than June 10, 2020.

Invoices shall be only for actual time worked during the reporting period.

2.10.2 Invoices shall include but not be limited to the following information:

• Name and address of the TOA’s applicable State agency;

• Contractor’s name, remittance address, and federal taxpayer identification;

• Invoice Period, Date, and Number;

• Total Amount Due; and

• Master Contractor’s BPO Number/User agency’s PO number(s).

2.10.3 The Total Amount Due for a TOA’s invoice will be derived from the information detailed on the invoice. Invoices submitted without the required backup information will not be approved or processed for payment until the TOA Contractor provides the required information. Information required to be included:

• The Labor Categories being billed and each applicable personnel’s name; and

• The personnel’s total hours for the month and his/her applicable Hourly Rate.

2.10.4 For each invoice, the Contractor shall provide documentation that all the direct hours invoiced for its employees and subcontractors have actually been expended as documented, totally and productively, in the performance of the TOA. The employee time sheets or electronic time keeping records shall be certified by the Contractor to be the actual time worked by the employees and its subcontractors. The Master Contractor shall provide the invoice and its applicable documentation to the applicable TOM.

2.10.5 After the first invoice, subsequent invoices should document cumulative hours worked by Labor Category and cumulative dollars involved in order to coincide with the information reported on the

NTE.

2.10.6 If Non-Routine Travel is approved in the TORFP/TOA, the Non-Routine Travel must be billed by the Contractor on a separate line item from the Labor Hours being invoiced. The TOA Contractor shall provide a separate line item, or separate invoice for any State agency that requests a separate invoice for invoiced travel due to its accounting practices.

2.10.7 Only expended direct hours and expended dollars for Non-Routine Travel may be invoiced and may not exceed those applicable NTE prices as indicated in the TOA. Any unexpended dollars for labor or Non-Routine Travel at the conclusion of the TOA are not invoiced and are considered forfeited.

2.11 Travel

The TOM shall determine the applicability of Routine Travel versus Non-Routine Travel for a particular TOA, if it was originally a requirement of the TORFP. See the Key Information Summary Sheet for travel requirements.

2.12 DGS Contract Management

The TOM manages the day-to-day operations of the TOA. However, neither the TOA Master Contractor nor the agency TOM is authorized to make contractual changes to the TOA regarding over all period of performance, scope, labor categories, the Not-To-Exceed pricing, or MBE. Any questions concerning these types of issues must be addressed to the DGS Contract Manager.

2.13 Security

2.13.1 Security Regarding Contractor-owned Computer Equipment. The TOA Contractor shall not connect any of its own equipment to an agency’s and State agent’s LAN/WAN without prior written approval by the State. The State will provide equipment as necessary for support that entails connection to the State LAN/WAN, or give prior written approval as necessary for connection.

2.13.2 The TOA Contractor shall provide and fill-out any necessary paperwork for security access to sign on at the State’s site if access is needed to the State’s LAN/WAN, as directed and coordinated with the State’s IT personnel through and by the TOM.

2.13.3 At all times at any facility, the TOA Contractor’s personnel shall ensure cooperation with State site requirements which include being prepared to be escorted at all times, any specific security for that particular site, and providing information for badging and wearing the badge in a visual location at all times.

3 Procurement Instructions

3.1 Pre-TOP Virtual Conference

3.1.1 A pre-TOP Virtual Conference (Conference) will be held at the date and time as indicated on the

Key Information Summary Sheet. Participation in the Conference shall be permitted upon receipt of an email and meeting invitation from the Procurement Officer only.

3.1.2 Participation in the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their TOP.

3.1.3 Following the Conference, the participation/sign-in record (consisting of the list of all calendar invitees) and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see ASC Master Contract RFP No. 001B0600234 Section 4.2.1 eMMA).

3.1.4 In order to participate in the Conference, all interested parties shall e-mail the Pre-Proposal Virtual Conference Response Form (Attachment A) to the Procurement Officer no later than two

(2) Business Days prior to the Conference date.

If there is a need for closed captioning or other special accommodations due to a disability, please notify the Procurement Officer at least twenty-four (24) hours prior to the Conference date. The MTA will make a reasonable effort to provide such special accommodation.

3.2 eMaryland Marketplace Advantage (eMMA)

3.2.1 eMMA is the electronic commerce system for the State of Maryland. Release of the TORFP, Conference summary and attendance sheet, Master Contractor’s questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available solely via eMMA.

3.3 Questions

3.3.1 All questions, including concerns regarding any applicable MBE participation goals, shall identify in the subject line the Solicitation Number and Title, AGY-27-036-SR Third Party Administrator Audit Services, and shall be submitted in writing via e-mail to the Procurement Officer or via eMMA: at least five (5) days prior to the TOP due date and time as specified on the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the TOP due date.

3.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for TOP amendments.

3.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the MTA unless it issues an amendment in writing via eMMA.

3.4 Procurement Method

A task order agreement will be awarded in accordance with the Competitive Sealed Proposals method under

COMAR 21.05.03.

3.5 TOP Due (Closing) Date and Time

3.5.1 TOP, in the number and form set forth in Section 4 Technical and Financial Format and

Submission Requirements, must be received by the Procurement Officer no later than the TOP due date and time indicated on the Key Information Summary Sheet in order to be considered.

3.5.2 Requests for extension of this date or time shall not be granted.

3.5.3 Master Contractors submitting TOP should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, TOP received after the due date and time listed in the Key Information Summary Sheet will not be considered.

3.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

3.5.5 TOP may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of TOP.

3.5.6 TOP may not be submitted by e-mail or facsimile.

3.5.7 Master Contractors not responding to this solicitation are requested to submit the “No Bid Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.6 Public Information Act Notice

3.6.1 The Master Contractor should give specific attention to the clear identification of those portions of its TOP that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

3.6.2 For requests for information made under the PIA, the Procurement Officer shall examine the TOP to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

3.7 Award Basis

3.7.1 A Task Order shall be awarded to the responsible Master Contractor submitting the TOP that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in this TORFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this TORFP. See TORFP Section 5 for further award information.

3.7.2 Award of this TOA will not be final and complete until after: (1) the Master Contractor submits complete and satisfactory documentation required under the TOA and/or documentation required by the Procurement Officer; and (2) the TOA is signed by the Department following any required approvals of the TOA, including approval by the Board of Public Works, if such approval is required.

3.8 Oral Presentation

Master Contractors may be required to make virtual oral presentations to State representatives via. Virtual oral presentations are considered part of the Technical TOP. Master Contractors must confirm in writing any substantive oral clarification of, or change in, their TOP made in the course of discussions. Any such written clarifications or changes then become part of the Master Contractor’s TOP. The Procurement Officer will notify Master Contractors of the date and time of virtual oral presentations via email and calendar invitation. The Procurement Officer will also provide Master Contractors with an opportunity to “test” the virtual environment by sending a one (1) hour “practice” calendar invite within two (2) Business Days of the Master Contractors oral presentation date.

3.9 Duration of TOP

TOP submitted in response to this TORFP are irrevocable for the latest of the following: 120 days following the TORFP due date and time, best and final offers if requested, or the date any protest concerning this TORFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Master Contractor’s written agreement.

3.10 Revisions to the TORFP

3.10.1 If the TORFP is revised before the due date for TOP, the MTA shall post any addenda to the TOP on eMMA. It remains the responsibility of all Master Contractors to check eMMA for any addenda issued prior to the submission of TOP.

3.10.2 Master Contractors shall acknowledge the receipt of all addenda to this TORFP issued before the TOP due date.

3.10.3 Failure to acknowledge receipt of an addendum does not relieve the Master Contractor from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the TOP to be deemed not responsive.

3.11 Cancellations

3.11.1 The State reserves the right to cancel this TORFP, accept or reject any and all TOP, in whole or in part, received in response to this TORFP and to waive or permit the cure of minor irregularities.

3.12 Incurred Expenses

The State will not be responsible for any costs incurred by any Master Contractor in preparing and submitting a TOP or performing any other activities related to submitting a TOP in response to this solicitation.

3.13 Protest/Disputes

Any protest or dispute related to this solicitation or the TOA award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

3.14 False Statements

Master Contractors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

3.14.1 In connection with a procurement contract a person may not willfully:

3.14.2 Falsify, conceal, or suppress a material fact by any scheme or device.

3.14.3 Make a false or fraudulent statement or representation of a material fact.

3.14.4 Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

3.14.5 A person may not aid or conspire with another person to commit an act under Section 3.14.1.

3.14.6 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

3.15 MBE Participation Goal

The MBE goal for this Audit TORFP is _15 %. Each Master Contractor responding to this TORFP must complete and submit the MBE forms as described below.

A Master Contractor that does not commit to meeting the entire MBE participation goal outlined in this Section 3.15 must submit a request for waiver with its TOP submission that is supported by good faith efforts documentation to meet the MBE goal made prior to submission of its TOP as outlined in Attachment D-1B, Waiver Guidance. Failure of a Master Contractor to properly complete, sign, and submit Attachment D-1A at the time it submits its TOP(s) to the TORFP will result in the State’s rejection of the Master Contractor’s TOP for the applicable Service Category. This failure is not curable.

3.15.1 Attachments.

3.15.1.1 D-1 to D-5 – The following Minority Business Enterprise participation instructions, and forms are provided to assist Master Contractors:

1. Attachment D-1AMBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (must be submitted with Bid)

2. Attachment D-1BWaiver Guidance

3. Attachment D-1CGood Faith Efforts Documentation to Support Waiver Request

4. Attachment D-2 Outreach Efforts Compliance Statement

5. Attachment D-3AMBE Subcontractor Project Participation Certification

6. Attachment D-3BMBE Prime Project Participation Certification

7. Attachment D-4APrime Contractor Paid/Unpaid MBE Invoice Report

8. Attachment D-4BMBE Prime Contractor Report

9. Attachment D-5 Subcontractor Paid/Unpaid MBE Invoice Report

The Master Contractor shall include with its TOP a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

1. The Master Contractor acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process;

and

2. The Master Contractor responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of TOP submission. The Master Contractor shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

3. The Master Contractor requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If the Master Contractor fails to submit a completed Attachment D-1A with the TOP as required, the Procurement Officer shall determine that the TOP is not responsive.

3.15.2 Master Contractors are responsible for verifying that each MBE (including any MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

3.15.3 If the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable subgoal is necessary, the recommended awardee must submit a fully-documented waiver request that complies with COMAR 21.11.03.11.

3.15.4 If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for award of the task order. If the task order has already been awarded, the award is voidable.

3.15.5 A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076. The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.

3.15.6 The Master Contractor that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

3.15.7 All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment D-1A), completed and submitted by the Master Contractor in connection with its certified MBE participation commitment shall be considered a part of the task order and are hereby expressly incorporated into the task order by reference thereto. All of the referenced documents will be considered a part of the TOP for order of precedence purposes (see Master Contract – Attachment M, Section 2.1).

3.15.8 The Master Contractor is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions. (See Task Order Agreement – Attachment M, Liquidated Damages for MBE, section 39.

3.15.9 As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the http://mbe.mdot.maryland.gov/directory/

MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

In order to receive credit for self-performance, an MBE prime must list its firm in Section 4A of the MBE Participation Schedule (Attachment D-1A) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors [see Section 4B of the MBE Participation Schedule (Attachment D-1A)] used to meet those goals. If dually certified, the MBE prime can be designated as only one of the MBE subgoal classifications but can self-perform up to 100% of the stated subgoal.

As set forth in COMAR 21.11.03.12-1, once the Task Order work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Refer to MBE forms (Attachment D) for additional information.

3.16 VSBE Goal

3.16.1 Purpose

3.16.11 The Master Contractor shall structure its procedures for the performance of the work required in the Contract to attempt to achieve the VSBE participation goal stated in this solicitation. VSBE performance must be in accordance with this section and Attachment E, as authorized by COMAR

21.11.13. The Master Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this section and Attachment E.

3.16.12 Veteran-Owned Small Business Enterprises must be verified by the Office of Small and Disadvantaged Business Utilization (OSDBU) of the United States Department of Veterans Affairs. The listing of verified VSBEs may be found at http://www.va.gov/osdbu.

3.16.2 VSBE Goal

3.16.2.1 The VSBE goal for this Audit TORFP is 3 %.

3.16.2.2 By submitting a response to this solicitation, the Master Contractor agrees that this percentage of the total dollar amount of the task order will be performed by verified veteran-owned small business enterprises.

3.16.3 Solicitation and Contract Formation

3.16.3.1 In accordance with COMAR 21.11.13.05 C (1), this TORFP requires Master Contractors to:

1) Identify specific work categories within the scope of the procurement appropriate for subcontracting;

2) Solicit VSBEs before TOP are due, describing the identified work categories and providing instructions on how to bid on the subcontracts;

3) Attempt to make personal contact with the VSBEs solicited and to document these attempts;

4) Assist VSBEs to fulfill, or to seek waiver of, bonding requirements; and

5) Attempt to attend pre-TOP or other meetings the procurement agency schedules to publicize contracting opportunities to VSBEs.

http://www.va.gov/osdbu

3.16.3.2 The Master Contractor must include with its TOP a completed VSBE Utilization Affidavit and Prime/Subcontractor Participation Schedule (Attachment E-1) whereby the Master Contractor:

1) Acknowledges it: a) intends to meet the VSBE participation goal; or b) requests a full or partial waiver of the VSBE participation goal. If the Master Contractor commits to the full VSBE goal or requests a partial waiver, it shall commit to making a good faith effort to achieve the stated goal;

and

2) Responds to the expected degree of VSBE participation as stated in the solicitation, by identifying the specific commitment of VSBEs at the time of TOP submission. The Master Contractor shall specify the percentage of contract value associated with each VSBE prime/subcontractor identified on the VSBE Participation Schedule.

3.16.3.3 Identify specific work categories within the scope of the procurement appropriate for As set forth in COMAR 21.11.13.05.B(2), when a verified VSBE firm participates on a task order as a Prime Contractor, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the VSBE Prime Contractor performs with its own work force towards meeting up to one hundred percent (100%) of the VSBE goal.

3.16.3.4 In order to receive credit for self-performance, a VSBE Prime must list its firm in the VSBE Prime/Subcontractor Participation Schedule (Attachment E-1) and include information regarding the work it will self-perform. For any remaining portion of the VSBE goal that is not to be performed by the VSBE Prime, the VSBE Prime must also identify verified VSBE subcontractors used to meet the remainder of the goal.

3.16.3.5 If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not responsible.

3.17 Living Wage Requirements

3.17.1 Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

3.17.2 If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05.

Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions…