TORFP-WCCB7600007 -10-07-2026(TW9.28.26).docx

State of Maryland

MARYLAND WORKERS’ COMPENSATION COMMISSION (WCC)

Audit Services coNtract (asc) torfp validity and accuracy of the annual information report (ic-1) TORFP Number WCCB7600007

Issue date: October 19, 2026

NOTICE TO master contractors Only Master Contractors that are awarded a contract under the Audit Services Master Contract for Maryland (ASMC) 2020-2025 are eligible for award of a contract.

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

State of Maryland

MARYLAND WORKERS’ COMPENSATION COMMISSION (WCC)

Key Information Summary Sheet

10 E. Baltimore Street, Baltimore, MD 21202 e-mail:

Office Phone:

cherrman@wcc.state.md.us 410-864-5256

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

See Attachment A for instructions.

Virtual Conference, by Calendar Invitation from Procurement Officer Only

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

Table of Contents – ASC TORFP

Validity and Accuracy of the Annual Information Report (IC-1) Solicitation #: WCCB7600007 TORFP Document

Audit Services TORFP for Maryland Workers’ Compensation Commission

Contractor Requirements: Scope of Work

1.1 Purpose

1.1.1 The Maryland Workers’ Compensation Commission(WCC) 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 MD Workers’ Compensation Commission: The purpose of the audit is to determine the validity and accuracy of claim payments, case reserve estimates and reporting submitted by selected self-insured employers on selected portions of the IC-1 (Annual Information Report). The employers are Carroll County Government, Costco, Dolgencorp, Inc.( Dollar General), M.A.B.E, Marriott International, Mayor & City Council of Baltimore, Montgomery County Government, Perdue Farms/Fpp Family Investments, Inc., Galliker Dairy Company, Inc., Prince Georges County Government, St. Mary’s County Government, Textron, Inc., Town Of Ocean City, Tyson Foods, Inc, Washington Co. Board of Commissioners, Wegmans Food Market, Inc., and Weis Markets, Inc. (Please see Appendix 4 for Self-Insured Employer Statistics).

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 MD Workers’ Compensation Commission 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 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 Commission is responsible for regulating the self-insured employers’ workers' compensation programs in the State of Maryland. Program responsibilities are under the technical direction of the Commission's IC&R Division. Pursuant to Labor and Employment Article § 9-404 and § 9-405, the Commission may grant to employers who are financially able, the privilege to self-insure to secure compensation for their injured workers. There are approximately 89 active self-insured employers and governmental groups approved by the Commission. The law requires self-insurers to post adequate security with the Commission to cover full payment of workers’ compensation claims while self-insured. The Commission periodically reviews the financial stability, reserve data and claim experience provided by self-insurers. The results of those reviews are used to establish the amount of security to be posted. It is the intent of the Commission to selectively perform on-site audits of self-insurers and their TPA (Third Party Administrator).

The objectives of this TORFP are to determine whether self-insured employers are making (1) timely payment of legitimate claims made by injured workers, (2) reasonable and timely estimates of case reserves, and (3) accurate and complete reporting (IC-1) to the Commission. The contractor is to provide an internal control report (unless otherwise instructed) and a compliance report on the audited TPA or self-insured employer program administration. The contractor should follow the guidelines provided in the Commission Audit Procedures Guide http://www.wcc.state.md.us/PDF/ICR/Audit_procedures_Attachment_H.pdf Self-insured employer claim records are held at the TPA location or the employer location (if self-administered). Access to the TPA claim system will be necessary and will be authorized by the self-insured employer. The records to be audited are claim files and payroll records. Internal Control procedures will also need to be reviewed. The audit will cover the 2024 IC-1 report. The report has one section that covers reporting from 2022 to 2024. The records to be reviewed are located in each of the following areas: Annapolis MD, Baltimore, MD, Bethesda, MD, Leonardtown, MD, Towson, MD, Ocean City, MD, Rockville, MD, Salisbury, MD, Hagerstown, MD, Westminster, MD, Upper Marlboro, MD, , Fort Smith, AR, Nottingham, PA, Will Grove, PA, Carlisle, PA, Salisbury, NC, Memphis, TN and Santa Ana, CA. Remote access to records will likely be provided by the TPA/self-insured employer.

1.3 Goal of Audit

The Agency’s goals for this financial audit service is: To determine the validity and accuracy of claim payments, case reserve estimates and reporting submitted by selected self-insured employers on selected portions of the IC-1 (Annual Information Report); and to educate self-insured entities on Commission expectations.

1.4 Requirements

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

A) Develop and agree upon an audit plan.

B) Audit, verify, and report if the IC-1 (Annual Information Report) is accurate and complete.

C) Verify that self-insured employers are complying with workers’ compensation laws and regulations including timely payment of legitimate claims and reasonable and timely estimates of reserves.

D) Except as noted above in section 1.2, verify that proper internal controls exist to ensure valid and accurate reporting.

E) Deliver an internal control report on the audited TPA or self-insured program administrator (unless otherwise instructed) and a compliance report on the audited self-insured employer including any recommendations necessary to improve compliance or internal controls.

The contractor should follow the guidelines provided in the Commission Audit Procedures Guide (http://www.wcc.state.md.us/PDF/ICR/Audit_procedures_Attachment_H.pdf).

1.5 Additional Requirements

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

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 WORKERS’ COMPENSATION COMMISSION. Upon delivery and after State acceptance of the final deliverable, the term of the Task Order Agreement will end July 1, 2027.

1.7 State Facilities Provided

This section is not applicable to the TORFP.

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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 Task Order Manager (TOM) The assigned TOM to assure compliance with the TOA is: Stacey L. Roig, Director, Insurance, Compliance & Reporting Division, 410-864-5298, sroig@wcc.state.md.us. 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.

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 accounted for in the Master Contractor’s Work Plan. Unless directed otherwise by the TOM at the Kick-Off meeting, the TOA Contractor shall prepare the documents in Microsoft products such as MS Word, MS Excel, MS PowerPoint, etc.:

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.

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).

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.

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.

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.

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

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.

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.

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.

Kick-Off Meeting and Final Detailed Work Plan 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.

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.

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.

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.

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.

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.

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.

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.

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.

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 invoicing 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.

Terms and Conditions 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.

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).

Master Contractor’s Invoicing and Invoicing Report(s) 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 October1 through October 31, 2026, all invoices, MBE reports, and any monthly status reports as requested by the TOM are due to be submitted no later than November 10, 2026. Invoices shall be only for actual time worked during the reporting period.

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).

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.

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.

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.

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.

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.

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.

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.

Security 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.

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.

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.

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Procurement Instructions Pre-TOP Virtual Conference 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.

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

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).

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 MD Workers’ Compensation Commission will make a reasonable effort to provide such special accommodation.

eMaryland Marketplace Advantage (eMMA) 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.

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title WCCB7600007 – Validity and Accuracy of the Annual Information Report (IC-1), 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.

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

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

Procurement Method A task order agreement will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

TOP Due (Closing) Date and Time 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.

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

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.

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.

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.

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

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).

Public Information Act Notice 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.

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.

Award Basis 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.

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.

Oral Presentation Master Contractors may be required to make virtual oral presentations to State representatives The preferred platform is Microsoft Teams. 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.

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.

Revisions to the TORFP If the TORFP is revised before the due date for TOP, the MD Workers’ Compensation Commission 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.

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

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.

Cancellations 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.

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.

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).

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

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

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

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

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

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

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.

MBE Participation Goal There is no MBE subcontractor participation goal for this procurement.

VSBE Goal There is no VSBE participation goal for this procurement.

Living Wage Requirements 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 MD Department of Labor 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.

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 and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor (MDOL) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

Additional information regarding the State’s living wage requirement is contained in Attachment F. Master Contractors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their TOP. If the Master Contractor fails to complete and submit the required documentation, the State may determine the Master Contractor to not be responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

2) The task order will be determined to be a Tier 1 task order or a Tier 2 task order depending on the location(s) from which the Contractor provides 50% or more of the services. The Master Contractor must identify in its TOP the location(s) from which services will be provided, including the location(s) from which 50% or more of the services will be provided.

3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the task order will be Tier 1.

4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the task order will be Tier 2.

5) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07.

6) The Master Contractor shall identify in the TOP the location from which services will be provided.

NOTE: Whereas the Living Wage may change annually, the task order price will not change because of a Living Wage change. The Contractor shall be responsible for any wage/rate increase during the term of the task order and such increase may not be passed on to the State.

Federal Funding Acknowledgement This task order does not contain federal funds.

Conflict of Interest Affidavit and Disclosure The Master Contractor shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment H) and submit it with its TOP.

By submitting a Conflict of Interest Affidavit and Disclosure, the Master Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Master Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under this Task Order. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Master Contractors are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

Non-Disclosure Agreement Non-Disclosure Agreement (Master Contractor) A Non-Disclosure Agreement (Master Contractor) is required for this procurement.

Non-Disclosure Agreement (Contractor) A Non-Disclosure Agreement (Contractor) is required for this procurement.

All Master Contractors are advised that this solicitation and any task order are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment I. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the TOP.

HIPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this task order.

Location of the Performance of Services Disclosure This solicitation does not require a Location of the Performance of Services Disclosure.

Department of Human Services (DHS) Hiring Agreement This solicitation does not require a DHS Hiring Agreement.

TO Proposal Affidavit A Proposal submitted by the Offeror must be accompanied by a completed TO Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this RFP.

TO Contract Affidavit All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a TO Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this RFP. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

Small Business Reserve (SBR) Procurement This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by GOSBA Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

It is independently owned and operated;

It is not a subsidiary of another business;

It is not dominant in its field of operation; and

0. With respect to employees, in its most recently completed three (3) fiscal years:

0. Its wholesale operations did not employ more than 50 persons;

0. Its retail operations did not employ more than 25 persons;

0. Its manufacturing operations did not employ more than 100 persons;

0. Its service operations did not employ more than 100 persons;

0. Its construction operations did not employ more than 50 persons; and

0. The architectural and engineering services of the business did not employ more than 100 persons; and

0. With respect to gross sales, in its most recently completed three (3) fiscal years:

1. The gross sales of its wholesale operations did not exceed an average of $4,000,000;

1. The gross sales of its retail operations did not exceed an average of $3,000,000;

1. The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

1. The gross sales of its service operations did not exceed an average of $10,000,000;

1. The gross sales of its construction operations did not exceed an average of $7,000,000; and

1. The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage.

Ineligible TOP. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a TOA.

Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

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Technical and Financial Format and Submission Requirements General Each Master Contractor shall prepare its Technical and Financial TOP responses as outlined in this section.

Each Master Contractor receiving this Audit Services TORFP must submit within the Audit TORFP designated submission time as stated in the Key Information Summary Sheet with either a TOP for both Technical and Financial, or a completed form “Audit Services Contract Master Contractor Comments for Not Submitting a Task Order Proposal.”

The due date for submitting a TOP for this Audit Services TORFP is documented on the Key Information Summary Sheet. Local time will be established as provided by the Department of General Services’ Web system time stamp. The Contract Manager/eMMA will not accept submissions after this date and time. The TOP is to be submitted through eMMA. The file name in your TOP submission shall state the Master Contractor Firm’s Name and the TORFP’s complete labeled number. For example if John Smith Company were submitting a technical file:

Example: John Smith-Tech-ASC-2020-08-001(MPT) The TOPs must be submitted in two (2) separate files using either Adobe Acrobat files or a combination of Microsoft software files. Example: MS Word or Excel.

The first two files will be the TOP Technical response to this Audit Services TORFP and titled Master Contractor Firm’s Shortened Name-Tech-ASC-202X-XX-XXX(XXX)in Microsoft Word (.docx) and Adobe Acrobat (.pdf).

The third file will be the TOP Financial response to this Audit Services TORFP and titled Master Contractor Firm’s Shortened Name-FINLASC-202X-XX-XXX(XXX) in Microsoft Excel (.xlsx).

The fourth file will be the TOP Technical response as a searchable Adobe copy of the TOP Technical, with confidential and proprietary information redacted (see Section 3.6).

The fifth file will be the TOP Financial response as a searchable Adobe copy of the TOP Financial, with confidential and proprietary information redacted (see Section 3.6).

Format for Technical TOP The Master Contractor’s Technical TOP will be submitted in the following order.

The Master Contractor is to provide a Table of Contents and prepare and submit the TOP electronically via eMMA in the following order with appropriately labeled sections. Items A through I are mandatory submissions for the Technical TOP. Items J, K, and L are required submissions for the Technical TOP only if the item in the table is marked for submission in Section 5.2.2. A completed Attachment B – ASC Financial TOP Form from this TORFP is mandatory for the Financial TOP submission:

Technical TOP

Financial TOP Attachment B – ASC Financial TOP Form (see separate Excel worksheet) Summary of Required Attachments: Master Contractors, in addition to the…